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Commercial Contracts
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April 10, 2025
Fired Gas Co. CFO Offers To Settle Conn. Suit For $1.7M
The former chief financial officer of Hocon Gas Inc. will accept $1.7 million to drop his lawsuit against the company and its owner over alleged unpaid phantom shares and retaliatory firing, according to a filing in Connecticut Superior Court.
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April 10, 2025
Whole Foods Sues CBL, Transformco Over Asbestos In Store
Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.
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April 10, 2025
Ex-PE Fund CEO Rejoins Legal Field As Nelson Mullins Partner
After spending over a decade serving as president and CEO of an international private equity fund, corporate partner Hendrik Jordaan has jumped back into the legal field, joining Nelson Mullins Riley & Scarborough LLP's mergers and acquisitions practice in the firm's Denver office.
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April 10, 2025
NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project
A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.
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April 10, 2025
Sports Promoter Ends US Soccer Antitrust Suit
The U.S. Soccer Federation and Relevent Sports are nearing the end of a six-year-long antitrust lawsuit in New York federal court, and announced Thursday they reached a settlement agreement resolving a dispute over the sports promotion firm's efforts to host professional international soccer matches in Florida.
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April 09, 2025
Media Matters' Delay Irks Judge In X 'Libel Tourism' Case
The California federal judge overseeing X Corp.'s lawsuit alleging Media Matters for America drove advertisers from its platform blasted the defendant on Wednesday for waiting over a year before seeking to enforce a forum selection clause in X's terms of service requiring disputes be litigated in San Francisco.
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April 09, 2025
Tillis Says China IP Theft Should Be Priority In Trade Talks
U.S. Sen. Thom Tillis, R-N.C., on Wednesday called China's theft of U.S. intellectual property "rampant" and said the issue should be near the top of the agenda if the Trump administration enters trade negotiations with the Chinese government in the coming weeks.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
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April 09, 2025
Insurer Settles Suit Blaming Bank Consultant For Data Breach
National Union Fire Insurance Company of Pittsburgh has settled a suit accusing a Washington-based consultant of security lapses after the personal data of over 10,000 bank customers ended up online, according to new filings in Evergreen State court.
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April 09, 2025
Mich. Judge Sends BorgWarner Parts Dispute To Mexico
A Michigan judge has ordered a Mexican automotive supply company to arbitrate its dispute with BorgWarner, a manufacturer of transmissions and other products for carmakers like Ford, after BorgWarner abruptly nixed parts orders despite calling for the supply company to expand production.
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April 09, 2025
Miami Dolphins Win Arbitration Bid In Crowd Brawl Suit
A Florida appellate panel on Wednesday sent to arbitration a lawsuit attempting to hold the Miami Dolphins liable for injuries a woman suffered after a fight broke out in the stands, ruling that although the plaintiff did not purchase the tickets, the arbitration clause was still valid.
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April 09, 2025
Defunct Concrete Co.'s Profits Were An 'Illusion,' NC Jury Told
The former owner of a concrete business that flopped months after it was bought out cooked the books to make the sale look more appealing, a federal jury in North Carolina heard Wednesday at the start of a civil fraud trial, in which the company's buyer has alleged he was lured into a bad deal.
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April 09, 2025
Judge Lets NIL Fraud Suit Against UF Boosters Move Forward
A Florida federal judge on Tuesday declined to dismiss the lawsuit of college quarterback Jaden Rashada, who accused University of Florida boosters of luring him with fraudulent promises that cost him a deal with another school, saying his claims of fraud and negligence are detailed enough to proceed.
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April 09, 2025
Ill. Real Estate Broker Gets 4 Years For $3M Investment Scam
A Chicago real estate broker has been sentenced to more than four years in prison after pleading guilty last year to allegations he duped clients into investing millions of dollars in properties that did not exist and then used the investors' funds for personal expenses, federal prosecutors announced Wednesday.
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April 09, 2025
Dropbox Can See Case Funding Details In IP Row, Court Says
A patent owner has to hand over a copy of an agreement it has with a litigation funder as part of its infringement lawsuit against Dropbox over cloud-based file system patents, a federal magistrate judge in California has ruled.
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April 09, 2025
Ex-Client Wants $1M Cut From McCarter & English Fee Win
A former McCarter & English LLP client on Wednesday sought to shave more than $1 million from the law firm's $3.8 million win in an attorney fee feud, challenging interest calculations that nearly doubled underlying compensatory damages rulings.
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April 09, 2025
Dinsmore Labor Duo Moves On To Greenspoon Marder
Greenspoon Marder LLP has hired a labor and employment duo from Dinsmore & Shohl LLP, which they had joined in December after leaving a firm that one of them helped launch in 2022, the firm has announced.
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April 08, 2025
MrBeast Accuses Ex-Employee Of Stealing Confidential Docs
YouTuber Mr. Beast's media company has hauled a former IT contractor into North Carolina federal court, accusing him of downloading thousands of confidential company documents ahead of his termination — documents the company said have yet to be returned — and leaving behind hidden cameras throughout the company's offices.
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April 08, 2025
Town's Insurance Suit Unfrozen After $11M Civil Rights Deal
A previously paused lawsuit that East Haven, Connecticut, brought against its insurers has been referred for settlement negotiations after the town and former officials lost an underlying civil rights case over the politically motivated closure of a quarry and then reached an $11 million deal to end the underlying dispute.
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April 08, 2025
Construction Co. Says Iraq In Contempt In $120M Award Suit
A Cypriot construction company has urged a D.C. district court to fine the Iraqi government $15,000 per day on claims that it isn't complying with a discovery order over a $120 million arbitral award against the country in a port project dispute.
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April 08, 2025
4th Circ. Won't Revisit Ambiguous Endorsement Ruling
The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.
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April 08, 2025
Singapore Court Nixes Railway Award Over Copy-Paste Issue
Singapore's highest court on Tuesday affirmed the nixing of an arbitral award issued in an Indian railway contract dispute that incorporated an "extensive" amount of passages copied and pasted from separate, related awards, saying a reasonable observer would likely conclude that the tribunal's decision was biased.
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April 08, 2025
ArentFox Schiff Loses Rolling Stones IP Atty To Barton
Music rights heavyweight Ross Charap is moving from his longtime perch at ArentFox Schiff LLP to Barton LLP, bringing with him clients like The Rolling Stones and the estate of international opera star Jessye Norman.
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April 08, 2025
Warner Bros. Wants Rights Protected In Film Co. Ch. 11 Sale
Warner Bros. has objected to the proposed Chapter 11 bidding procedures and debtor-in-possession financing of bankrupt Village Roadshow, asking the court to protect its rights to more than 90 films the parties co-produced and keep its cut of the proceeds ahead of other creditors.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.