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Commercial Contracts
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
American Airlines Wins Suit Over Teen's In-Flight Death
A Texas federal judge has sided with American Airlines Inc. in a mother's suit over her teenage son's death on a flight, finding the flight crew's "imperfect" response to her son's emergency does not constitute an "accident" under international flight law.
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May 09, 2025
Musk Accused Of Underpaying Petition Bounties
Elon Musk and his political action committee America PAC got hit with another proposed class action by swing-state voters who say they were not fully paid for putting their names to the petition that he and his PAC promised up to $100 for signing before the 2024 election.
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May 09, 2025
IP Partner Rejoins Venable After Morgan Lewis Stint
Venable LLP has welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.
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May 09, 2025
Auto Parts Mogul Challenges Order To Pay Alter Domus $127M
An auto parts manufacturer accused of failing to make good on a credit agreement urged a Michigan federal judge to undo a 2021 ruling ordering him to pay $127 million to Alter Domus, saying the administrative agent admitted it did not have a financial stake in the case.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles
In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Shutts & Bowen Eyes Sanctions Over Country Club Sale Suit
Florida firm Shutts & Bowen LLP is continuing its pushback against a real estate corporation's malpractice lawsuit alleging it sank the sale of a country club, this time serving a motion for sanctions in the state court.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a subsidiary of State Street Corp. sue British sports betting giant Entain, Manolete Partners and HSBC tackle action just weeks after signing a £17 million revolving credit facility agreement, and a commercial fraud claim launched by EFG Bank against Mirabaud & CIE.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
NC Finance Co. Says Ex-Director Kept Client Contact Info
A financial advising company took its former client services director to North Carolina's Business Court after he allegedly told the firm's president that he was not going to delete client information from his personal phone following his termination and intended to use it to solicit his ex-employer's customers.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
Ex-Brookfield Leader Says He Was Fired For Whistleblowing
A former managing partner at Brookfield Asset Management lobbed wrongful termination and defamation claims at his former employer Thursday, claiming that he was fired for refusing to accept a bribe and for filing a whistleblower complaint with the U.S. Securities and Exchange Commission.
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May 08, 2025
Schwan's Moves To Block Conagra's Late Expert Reports
Schwan's has urged a Minnesota federal judge to throw out late-stage expert testimony and documents introduced by Conagra Brands in a trade secrets lawsuit over the company's hiring of a former Schwan's scientist, saying that its food business rival engaged in "trial by ambush" by unveiling new damages theories and evidence after the close of discovery.
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May 08, 2025
Ruling Over Expired Bard Patent Causes Split, Justices Told
Atrium Medical has asked the U.S. Supreme Court to review a Ninth Circuit ruling that revived a $53 million breach of contract lawsuit against it by C.R. Bard, saying the appeals court "takes a dramatically different approach" from other circuits on royalty payments.
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May 08, 2025
Kroger-Owned Chain Fights Counterclaims In Strike Row
If a United Food and Commercial Workers local wants to accuse King Soopers of violating a post-strike agreement, the union must take its argument to the National Labor Relations Board, the Kroger-owned grocery chain told a Colorado federal judge Thursday, asking her to throw the allegation out of federal court.
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May 08, 2025
Ticketmaster Asks Justices To Protect 'Alternative' Arbitration
Live Nation and Ticketmaster have asked the U.S. Supreme Court to clarify whether a federal law requires courts to enforce only traditional arbitration arrangements Congress envisioned when the law was enacted a century ago, or also "alternative" agreements drafted more recently to process mass arbitration.
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May 08, 2025
Couple Slams 'Ping-Pong' Brief In Conn. Waterfront Feud
A married Bridgeport, Connecticut, couple are urging a state court to strike a post-trial reply brief that was filed by companies that the couple are suing over local waterfront access, arguing that counsel for both sides previously agreed to only make one set of post-trial filings simultaneously.
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May 08, 2025
Dentons Europe, Houston Co. To Settle $4.7M Fee Dispute
Dentons Europe CS LLP and Houston-area Guidry & Associates Inc.'s $4.7 million fee dispute was dismissed Thursday after the parties notified the court of settlement talks.
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May 08, 2025
Judge Says No French Connection In L'Oreal Hair Relaxer MDL
An Illinois federal judge has dismissed L'Oréal USA Inc.'s French parent company from multidistrict litigation alleging it and other companies' hair relaxer products can cause health problems, finding the company doesn't have sufficient connections to the U.S. for the court to have jurisdiction.
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May 08, 2025
Miami Atty Joins Arbitration Place After US Expansion
A Miami attorney has joined the roster of decision-makers at Arbitration Place tasked with helping settle international legal disputes out of court following the company's recent expansion to the U.S.
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May 08, 2025
Minn. Co. Settles Suit Over Veggies Left Sitting At Ga. Port
Three ARL Network transportation units have settled a lawsuit alleging they allowed 20 containers of frozen vegetables to sit at the Port of Savannah in Georgia, costing a Minnesota company over $1 million in fees.
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May 08, 2025
Landry's To Pay Iranian Server $95K In EEOC Harassment Suit
Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.