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Commercial Contracts
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August 12, 2025
Solar Aircraft Co.'s Top Brass Hit With Investor Fraud Suit
A majority shareholder of solar aircraft company Skydweller Aero Inc. has filed suit against the top brass of the U.S.-Spanish aerospace venture, claiming the CEO and others misled the shareholder about the company's "dire" financial condition and denied it access to critical financial information, obstructing its ability to evaluate its investment or exit its equity position.
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August 12, 2025
CenturyLink Can't Duck $1.3M Wash. 911 Outage Fine
CenturyLink isn't going to be able to get out from under a $1.3 million penalty that Washington state slapped the telecom with after an outage in 2018 left people across the entire state unable to call 911 for two days, a state appeals court ruled.
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August 12, 2025
Title Co. Hits Atty With Malpractice Suit Over $2.5M Refi
Fidelity National Title Insurance Co. on Monday filed suit in state court against a Connecticut attorney, alleging his oversight when issuing a loan policy of title insurance for a $2.5 million refinancing cost Fidelity $920,000.
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August 12, 2025
Texas Says Eli Lilly Offered Nursing Services As Kickbacks
Texas sued Eli Lilly & Co. Inc. on Monday in state court, accusing the drugmaker of offering kickbacks in the form of administrative services to healthcare providers via illegal marketing and quid pro quo arrangements to push its most popular drugs.
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August 12, 2025
Delta, Aeromexico Defend Partnership From Antitrust Scrutiny
Delta and Aeromexico are pushing back against the federal government's move to strip their joint venture of its antitrust immunity, saying the move would only punish Delta and American consumers, not the Mexican government for restricting access to Mexico City International Airport.
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August 12, 2025
Pa. Marina Can't Cite 1849 Law To Reopen Railroad Crossing
A Pennsylvania federal judge on Tuesday rejected an attempt by the owner of a bar and marina south of Pittsburgh to claim an 1849 law in seeking to force railroad company CSX Transportation to reopen a rail crossing providing the only public access to the business.
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August 12, 2025
Biogen Says It Owes Nothing After $122M IP Royalties Mistrial
Biogen MA Inc. urged a California federal judge to rule that it owes Genentech Inc. nothing in royalties related to expired patents, saying Genentech's argument for a $122 million award relies on "linguistic gymnastics," in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.
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August 12, 2025
AstraZeneca, Stockholders Far Apart In Merger Damages Tally
Syntimmune Inc. stockholders and Alexion Pharmaceuticals have landed tens of millions of dollars apart in new tallies of interest owed after a Court of Chancery ruling in June that Alexion failed a "best efforts" duty to fulfill an autoimmune drug candidate deal.
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August 12, 2025
11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability
The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.
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August 12, 2025
Insurer Obstructed $116M In Funding Claims, Court Told
A company that invested in a personal injury law firm's docket of cases alleges in a lawsuit removed to North Carolina federal court that its insurer "intentionally obstructed" its recovery of more than $116 million in coverage under policies insuring that investment.
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August 12, 2025
Yale Hospital System Settles Data Breach Class Claims
Connecticut's largest hospital system agreed to settle class claims over a March data breach that may have exposed the personally identifiable information and protected health information of millions of people, federal court records show.
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August 12, 2025
Roche Settles Trade Secrets Suit With Stanford And Profs
Subsidiaries of F. Hoffmann-La Roche AG have settled claims with a competing startup founded by Stanford University professors to resolve claims of trade secret theft related to cancer detection technology.
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August 12, 2025
MLB Star, Agent Undermined Housing Project, Suit Says
Los Angeles Dodgers star Shohei Ohtani and his sports agent have been accused in Hawaii state court of being behind "a calculated and unlawful scheme" to boot two members of a real estate joint venture from a luxury residential project.
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August 12, 2025
11th Circ. Wary Of Individual Arbitration Push In ESOP Fight
The Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents.
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August 12, 2025
Travelers Units Freed From Builder's Asbestos Injury Dispute
A Travelers subsidiary has no obligation to defend a construction company against a suit seeking indemnification for asbestos-related injury claims, a South Carolina federal court ruled, finding that the suit does not seek damages but rather a declaration of contractual right.
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August 12, 2025
NC Judge Rejects NASCAR's Sanctions Bid In Antitrust Fight
A North Carolina federal judge rejected NASCAR's attempt to have two teams that are suing the organization over antitrust violations sanctioned for allegedly misleading the court, ruling that the request does not move the case forward and is an attempt to garner public sympathy.
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August 12, 2025
Disney Accuses InterDigital Of Monopolizing Video Tech
Disney has launched an antitrust lawsuit in Delaware federal court accusing wireless technology company InterDigital Inc. of using its patents to create a monopoly on the market for technology necessary for streaming services.
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August 11, 2025
5th Circ. Backs Mexican Banks' Subpoena For Fraud Case
The Fifth Circuit on Monday refused to revive a Mexican businessman's motion to quash a subpoena stemming from major Mexican financial institutions' efforts to obtain discovery as they pursue claims that the businessman absconded with $32 million in loans, saying it detected "no error" in a lower court's denial.
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August 11, 2025
2nd Circ. Revives Hezbollah Terrorism Suit Against Bank
The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.
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August 11, 2025
Petroleum Marketer Sues Subtenant Over $11M Contract Breach
A petroleum marketer told a Texas federal judge that a gas station operator has used its purchase of several stores as an excuse to try to muscle through a new contract, saying the operator has caused at least $11 million in damages by breaching their existing contract.
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August 11, 2025
Aetna, CVS Want Lab's $21M Payment Suit Tossed For Good
Aetna and its parent company, CVS Health Corp., said a medical laboratory can't stand in the shoes of patients who were allegedly denied coverage by the insurer for lab tests, and they have asked a Connecticut federal judge to toss the lab's lawsuit for good.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
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August 11, 2025
Data Co. Asks DC Circ. To Revive $22M Guinea Award Bid
A data consulting company has again urged the D.C. Circuit to reverse a lower court order denying its bid to enforce a $22 million arbitral award against Guinea, saying the country wrongly wants the appeals court to ignore long-standing precedent and nix enforcement on jurisdictional grounds.
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August 11, 2025
Liberty Mutual Nabs FCPA Declination, Will Disgorge $4.7M
Liberty Mutual Insurance Co. will avoid prosecution under the Foreign Corrupt Practices Act and disgorge nearly $4.7 million over bribes paid by employees of its Indian subsidiary, the U.S. Department of Justice said Monday, in the first FCPA declination since President Donald Trump paused prosecutions under the law.
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August 11, 2025
Judge Upholds 99-Year Lease In Dispute At Miami Beach Hotel
A state court judge largely shot down an attempt by co-owners of a Miami Beach hotel to cancel an operator's 99-year lease, rejecting arguments that the agreement requires the property to be maintained in 1950s condition.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.