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Commercial Contracts
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October 29, 2025
Chicago Metra Says Union Pacific's $2.3M Fees Claim Is Invalid
Chicago's commuter rail system Metra has asked an Illinois federal judge to toss Union Pacific's lawsuit alleging Metra owes more than $2.3 million for the use of three Union Pacific-owned lines amid an ongoing contract dispute, saying a federal rail regulator still needs to determine any owed compensation.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Insurer Says Co.'s 'Improper Underwriting' Cost It Over $10M
An insurer for auto dealerships accused its insurance program administrator of repeatedly refusing to undergo a full audit of the administrator's records and underwriting practices, telling a New York federal court that, in an independent auditor's limited review of files, "findings of improper underwriting were staggering."
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October 29, 2025
Wells Fargo Agrees To Trim $481M Loan Suit Against JPMorgan
Wells Fargo, JPMorgan Chase & Co., New York City developer Meyer Chetrit and other parties submitted a proposed agreement that will get rid of most of Wells Fargo's nine-count suit accusing JPMorgan and the others in New York federal court of being liable for a $481 million mortgage loan deal that caused "tens of millions of dollars in losses."
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October 29, 2025
Unibrands Says Ex-Pen Co. Heirs Infringing Luxury Brand
Pen manufacturer Unibrands Corp. alleges in New Jersey federal court that the former heirs to Italian fountain pen maker Omas are attempting to "steal the fruits" of the company's labor to revive the luxury fountain pen brand.
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October 29, 2025
McCarter & English Booted From NJ Food Biz Fight
McCarter & English LLP was disqualified from representing the estate of a food industry executive's former business partner after a New Jersey federal judge determined that the firm represented the executive in the past which has created a conflict of interest.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
CFPB Calls Off Nonbank 'Fine Print,' Enforcement Registries
The Consumer Financial Protection Bureau on Tuesday continued its rollback of Biden-era policies, finalizing the closure of its nonbank enforcement registry and formally scrapping a plan to track financial firms' use of liability waivers and other "fine print" contract terms.
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October 28, 2025
Law Firm Countersues Lender In Battle Over Fraudulent Loan
A North Carolina law firm hit back Tuesday against a mortgage lender's professional negligence suit over a $510,000 loan a borrower alleged was fraudulent, arguing in a countersuit that the lender failed to properly verify the identities of the purported borrowers.
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October 28, 2025
Insurers Can't Avoid Tanger's COVID Coverage Suit In NC
Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its insured interests to its operations in North Carolina.
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October 28, 2025
Lender Settles With Insurer In $26M Colo. Loan Dispute
A Nebraska lender and Florida title insurer have reached a settlement in the lender's $26 million lawsuit that claimed the insurer denied coverage for a senior living center near Denver that caused the lender to foreclose on the property.
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October 28, 2025
Production Co. Sues Univision Over Canceled Reality Show
A television production company sued Univision in Florida state court on Monday, claiming the network breached a contract to produce the reality dating show Enamorándonos by failing to pay wind-down costs after canceling the show and then seeking to enforce an exclusivity provision.
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October 28, 2025
Judge Tosses NASCAR's 'Cartel' Counterclaim Against Teams
Two auto racing teams, including one owned by basketball legend Michael Jordan, earned a major victory in their antitrust battle against NASCAR on Tuesday when a North Carolina federal judge threw out NASCAR's counterclaim that the teams were operating as a cartel.
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October 28, 2025
Ebix Wants Ex-CEO's Revenge Porn Blackmail Suit Tossed
Georgia-based software firm Ebix Inc. asked a federal judge to dismiss a lawsuit filed against it by its ousted former CEO, who alleged the company's director tried to blackmail him into dropping a suit over his severance pay by threatening to release "intimate images" of him and his wife.
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October 28, 2025
Curaleaf Asks For Quick Action On NJ Pot Shop Union Rule
Cannabis giant Curaleaf's ability to operate in New Jersey could be in jeopardy by the end of the week, it told a federal judge Tuesday when seeking an expedited hearing on its motion to block the state's cannabis regulator from requiring the company to adopt labor peace agreements with unions.
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October 28, 2025
Raleigh Urges NC Justices To Stop 'Windfall' For Developers
Without reversal of a trial court's class certification order, a lawsuit seeking refunds for fees levied to hook up to Raleigh's water and sewer system will result in duplicative "windfall" payments and spinoff litigation, the North Carolina Supreme Court was told Tuesday.
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October 28, 2025
Philly Pizzeria Co-Owner Says Partner Ditched Business
The co-owner of a South Philadelphia pizzeria sued in a partnership dispute for allegedly taking money from the joint enterprise's bank account and trying to cut his partner out of the business denied any wrongdoing in a recent court filing.
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October 28, 2025
Insurer Says Late Notice Dooms $7.5M Crash Coverage
A food distributor's excess insurer told a Connecticut state court it should owe no coverage for a nearly $7.5 million judgment stemming from an automobile collision involving a company worker whom a jury found at fault, saying it only learned of the case after an unsuccessful appeal.
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October 28, 2025
Hurwitz Fine Adds 8 NY Attys To Litigation Team
New York firm Hurwitz Fine PC said Monday it has added one special counsel and seven associates to its litigation team, bringing experience in complex tort, insurance and general negligence.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
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October 27, 2025
Tom Hayes Slaps UBS With $400M Malicious Prosecution Suit
Former UBS trader Tom Hayes has filed a $400 million suit against his old employer, claiming the company "maliciously" framed him as the "evil mastermind" behind the company's Libor scandal despite the fact that he was explicitly directed to try to influence Libor submissions while at UBS.
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October 27, 2025
Drone Co., Exec Seek Exits From Trade Secret Suit
A Utah drone company urged a federal judge to toss a trade secret suit brought by another company previously launched by one of its founders, arguing that it fails to identify any specific protected information that was misappropriated.
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October 27, 2025
Cannabis Co. Breached $6M Lease, Mich. Panel Affirms
A cannabis retail chain is on the hook for a $52,500-a-month lease for a facility that was never used, a Michigan appeals court ruled Friday, saying that the contract for the space was still valid even if the company's plans to pair with a larger multistate cultivator fell through.
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October 27, 2025
Defunct Biz Asks 3rd Circ. To Revive $100M Caterpillar Win
A defunct equipment importer asked the Third Circuit on Sunday to revive its $100 million contract interference damages award against Caterpillar and give it another shot at antitrust allegations accusing the company of orchestrating a boycott, arguing the district court botched key parts of the jury trial.
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October 27, 2025
X Gets AI Developer's Deplatforming Case Sent To Texas
An antitrust case accusing social media platform X of blocking competition was transferred to Texas, after a California federal court found the developer of software used to create artificial intelligence agents that operate on the platform agreed to a forum selection clause.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.