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Commercial Contracts
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October 14, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.
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October 14, 2025
Justices Won't Decide If 'Minute Entry' Triggers Appeal Clock
The U.S. Supreme Court said Tuesday it won't review the Second Circuit's finding that a Connecticut federal judge's oral ruling and follow-up minute entry were formal orders that triggered a 30-day countdown to appeal losses in a sales representation contract dispute worth $1.7 million.
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October 10, 2025
Ex-Trump Ally Felix Sater Liable In Money Laundering Trial
A bank and a Kazakh city won $52 million in New York federal court over claims that real estate financier and former Donald Trump ally Felix Sater skimmed money while helping others launder tens of millions of dollars, according to the plaintiffs.
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October 10, 2025
Delta, Aeromexico Say USDOT Erred In Blocking Partnership
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to vacate the U.S. Department of Transportation's order terminating approval of their joint venture and ordering them to dismantle it by January, according to a petition for review posted to the case docket Friday.
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October 10, 2025
Judge Dubious Of Amazon Shoppers' Slow Shipping Zone Suit
A Washington federal judge cast doubt Friday on a group of Amazon Prime subscribers' argument that variability in delivery time by ZIP code amounts to an unfair business practice, highlighting data that suggests packages sometimes take longer than two days to arrive regardless of the purchaser's address.
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October 10, 2025
Law Firm Seeks To Uphold $6.6M Arbitral Award In Fee Dispute
A personal injury law firm embroiled in a long-running dispute over fees owed in litigation over a 1983 terrorist bombing in Lebanon urged a New York federal court to preserve a $6.59 million arbitral award it had secured for its work, arguing that tossing the arbitrator's "carefully balanced" decision would wrongly send the parties back to square one.
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October 10, 2025
Musk Accuses OpenAI Ex-Exec Of Subpoena 'Cat And Mouse'
A California federal magistrate judge is allowing Elon Musk to serve a deposition subpoena by Federal Express to a tech executive who briefly served as OpenAI's interim CEO after hearing that process servers and investigators had attempted personal service 11 times but were "stonewalled" by the woman and her security.
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October 10, 2025
$20M Gas Plant Verdict At Texas High Court Gets Settled
Arrow Field Services LLC settled with Linde Engineering North America Inc. after the latter secured a $20 million verdict, ending an appeal of the decision at the Texas Supreme Court Friday.
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October 10, 2025
Wyden Urges Justices To Revive UBS Retaliation Case Again
Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.
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October 10, 2025
$8B EV Trade Secrets Case Best Left To Israel, 5th Circ. Says
The Fifth Circuit agreed with a district judge Friday that an $8 billion trade secrets case between two electric vehicle companies was better suited to be litigated in Israel, saying the party that wants to keep the dispute stateside had not adequately explained why that would be better.
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October 10, 2025
Infosys' Counterclaims Against Competitor Tossed For Now
A Texas federal court dismissed counterclaims from Infosys Ltd. accusing Cognizant TriZetto Software Group Inc. of monopolizing a market for healthcare software and related services after finding the allegations ignored potential competition from alternatives.
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October 10, 2025
Duke Accused Of Misusing Retirement Funds In Class Claims
Just weeks after settling one benefits-related lawsuit, Duke University has been hit with another putative class action in North Carolina federal court, this time accusing it of being disloyal to retirement plan participants by using forfeited funds only to reduce its own contributions.
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October 10, 2025
StubHub Sued Over Failure To Refund Swift's Eras Tour Show
Online ticket reseller StubHub regularly reneges on its "FanProtect Guarantee" to either provide comparable tickets or refund customers if the tickets they bought aren't available the day of the concert, according to a proposed class action by a woman who says she was swindled out of thousands of dollars during Taylor Swift's Eras Tour.
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October 10, 2025
Curaleaf Says NJ's Pot Shop Union Requirement Bucks NLRA
Curaleaf Holdings Inc. is suing the New Jersey Cannabis Regulatory Commission in federal court, saying the commission's requirement that cannabis companies have "labor peace agreements" with particular unions is preempted by the National Labor Relations Act.
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October 10, 2025
Ex-Casino CEO's ERISA Fight Against ND Tribe Gets Trimmed
A North Dakota federal judge trimmed a suit by the ex-CEO of a tribe-owned casino who alleged his healthcare benefits were cut off following a period of leave, finding the court lacked jurisdiction over common law claims, but claims under federal benefits law were sufficiently backed up to reach discovery.
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October 10, 2025
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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October 10, 2025
Arbitral Panel Sides With BP In LNG Cargoes Fight
An arbitration panel has handed BP PLC a victory in a dispute with U.S. liquefied natural gas developer Venture Global LNG over shipments from its terminal on Louisiana's Gulf Coast, two months after Venture Global prevailed in a similar arbitration fight with Shell PLC.
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October 10, 2025
Medical Supply Co. Drops UnitedHealth Coverage Suit
A medical supply company has agreed to drop its lawsuit alleging UnitedHealthcare entities issued a blanket block on the company's claims without notice, according to a stipulated order filed Friday in Michigan federal court.
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October 10, 2025
Pipe Repair Co. Sues Competitor Over Alleged $10M Sabotage
Several months after an arbitral tribunal awarded $10 million in damages to a trenchless pipe repair technology company, finding its supplier had breached an exclusivity agreement, the company has filed new litigation in New York federal court against a competitor over alleged corporate sabotage that destroyed its business.
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October 10, 2025
Clinical Trial Co. Settles Severance Fight With Ex-VP
A clinical research company has agreed to shutter a lawsuit from an ex-executive who claimed his requests for severance went ignored following his resignation, according to a Friday filing in North Carolina federal court.
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October 10, 2025
More Disciplinary Info On Atty Sent To Judge In Flores Case
An attorney representing the NFL in the racial discrimination dispute with former head coach Brian Flores has informed a New York federal judge of additional disciplinary action against the former attorney for one of Flores' co-plaintiffs, as the judge is investigating whether the lawyer misrepresented his license to practice.
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October 10, 2025
Prospect Medical Gets OK For $45M Yale Health Deal In Ch. 11
A Texas bankruptcy judge Friday approved a $45 million settlement between Yale New Haven Health Services Corp. and Prospect Medical that ends a legal battle over failed hospital sales, as Prospect works toward exiting Chapter 11.
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October 10, 2025
Geico Failed To Arbitrate Auto Accident Claim, Suit Says
A North Carolina resident accused Geico of failing to arbitrate her injury claim stemming from an auto accident, telling a federal court that following two years of document production, the insurer only denied coverage after she said she rejected a "lowball" settlement offer.
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October 10, 2025
Toll Bros. Asks For Win Against Tile Co. In Building Flaw Case
Construction firm Toll Brothers has asked a Connecticut judge to enter a win on a single targeted claim against a tile and stone subcontractor it blames for alleged building defects raised in a lawsuit by a senior living community.
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October 10, 2025
Influencer Slams Atty DQ Bid Over Brief Call As Delay Tactic
A social media optimization company's push to disqualify the law firm representing an influencer it is suing in a copyright dispute in Texas federal court is nothing more than an attempt to use a "procedural weapon to delay proceedings, increase costs, and peddle false narratives," according to a court filing.
Expert Analysis
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Anticipating Calif. Oversight Of PE Participation In Healthcare
A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.