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Commercial Contracts
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November 12, 2025
4th Circ. Sides With Father-Son Duo In Equity Fight
A company that makes elevated stairs on Wednesday lost its appeal at the Fourth Circuit following various rulings against it in a suit it lodged against its co-founder and his son over a soured business venture involving the design of the business's sole product.
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November 12, 2025
Federal Judge Says Lack Of English Can't Undo $5.3M Award
A Florida federal judge on Wednesday recommended that a $5.3 million arbitration award against an Illinois sugar company be granted in a contract breach case, finding that its previous counsel's ineffective representation due to his improper English wasn't sufficient to undo the award.
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November 12, 2025
9th Circ. Says Finance Guru Ramsey Can't Arbitrate Fraud Suit
A Ninth Circuit panel rejected celebrity financial planner Dave Ramsey's bid to force arbitration in a proposed class action accusing him of roping radio show listeners into a timeshare exit scheme, concluding Wednesday the suit isn't tied to the consumers' contract with Reed Hein & Associates.
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November 12, 2025
Marathon Prevails In Texas Business Court Gas Contract Trial
A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.
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November 12, 2025
Conn. Judge Won't Stop Deutsche Bank's Vik Suit In Norway
A Connecticut federal judge declined Wednesday to put an end to litigation that Deutsche Bank AG brought against billionaire Alexander Vik and his daughter in Norway, deferring instead to a state court judge who is considering the same request.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Disney, ESPN Move To Nix Trade Secret Suit Over Sports App
Disney and ESPN asked a New York federal judge Friday to end a tech startup's trade secrets misappropriation suit accusing them of using confidential information to launch a rivaling sports aggregation app that curates game-viewing options, arguing the parties' nondisclosure agreement doesn't prohibit them from independently developing similar products.
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November 10, 2025
NJ Panel Revives Compensation Case In $95M Real Estate Deal
A New Jersey appellate panel revived a dispute Monday over whether a Manhattan real estate executive was fully compensated for his work on a $95 million redevelopment project, ruling that a trial judge wrongly granted summary judgment despite ambiguities in the parties' complex profit-sharing agreement.
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November 10, 2025
Fiber Optics Co. Should Refile Antitrust Claims, Judge Says
A Texas federal judge said Monday a fiber-optics company should be required to refile its copyright infringement and antitrust claims against Parker-Hannifin Corp., but that a trade secret misappropriation claim should be left to stand as is.
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November 10, 2025
Best Buy Says CGL Policy, Not Auto, Covers Crash Settlement
Best Buy accused three AXA XL units of failing to properly cover its "multi-million-dollar" settlement of negligence claims over a fatal automobile collision involving an independent subcontractor, telling a Minnesota federal court its insurers have restricted coverage to an inapplicable auto policy with a $6 million deductible.
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November 10, 2025
Visa, Mastercard Cut New Deal Worth 'Well More Than $200B'
Visa, Mastercard and a class of potentially millions of merchants announced a new settlement Monday resolving two decades of antitrust litigation, which would permit more flexibility on what cards are accepted and would lower fees — with a five-year cap — to address a New York federal judge's concerns that an earlier version wasn't enough.
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November 10, 2025
Ex-Oura CEO Claims He Was Stiffed On Promised Stock
The former CEO of Oura Health has sued the smart ring maker in California federal court, claiming that despite working "tirelessly" and growing the health technology company into a multibillion-dollar success, he was ousted and the company's board reneged on promises to give him millions in stock options.
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November 10, 2025
RICO Defendant With $71M Verdict Warned Of Jail Time
A Texas federal judge told a man who is on the hook for a $71 million judgment after he ran a shakedown scheme against an investment management company that he had better hand over his financial records, saying Monday the alternative would include a trip to the local jail.
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November 10, 2025
Judge OKs $8M Deal For 'Rent-To-Own' Class, $2M Atty Fees
A class of consumers got the green light on an $8 million settlement with a financing company accused of charging excessive fees on rent-to-own agreements for storage sheds in violation of North Carolina laws, with class counsel securing more than $2 million in fees, court records show.
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November 10, 2025
Judge Ends Stay In Modoc Nation's $14.6M Fraud Lawsuit
An Oklahoma federal judge has lifted a pause in the Modoc Nation's $14.6 million lawsuit against a computer management company after the Tenth Circuit determined the tribe's former attorney general isn't entitled to sovereign immunity in the dispute.
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November 10, 2025
Harco Dodging $3.5M Bond Obligation, Construction Co. Says
Harco National Insurance Co. breached an insurance contract by refusing a Skanska Balfour Beatty construction venture's request to cover a nearly $3.5 million bond over a subcontractor's alleged lapses while working on a Washington state project, according to a lawsuit removed to federal court Friday.
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November 10, 2025
Humana Sues ChenMed In Del. Over 'Imposed' License Fees
Humana Inc. sued ChenMed LLC on Monday in Delaware's Court of Chancery, accusing the multistate senior healthcare network and its affiliates of imposing unauthorized technology license fees and other charges to siphon "tens of millions" in revenues from the insurance giant through the companies' JenCare joint venture.
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November 10, 2025
Mich. Contractor Loses New Trial Bid In Migrant Worker Suit
A Michigan federal judge said a farm labor contractor failed to identify any reasons for a new trial after a jury found it violated anti-trafficking and labor laws and breached employment contracts with farmworkers from Guatemala.
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November 10, 2025
Supreme Court Won't Hear 'Gone In 60 Seconds' IP Appeal
The U.S. Supreme Court said Monday it won't consider an appeal of a Ninth Circuit finding that customized Ford Mustangs called "Eleanor," featured in films like the Nicolas Cage film "Gone in 60 Seconds," are not a copyrightable character.
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November 10, 2025
Insurers Must Produce Docs In Hotel Co.'s COVID Dispute
Property insurers for luxury hotel chain Mandarin Oriental can't undo rulings forcing them to turn over documents related to their reserves, but may apply additional redactions to certain privileged legal advice, a New York federal court ruled in a dispute over COVID-19 business interruption losses.
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November 10, 2025
FTC Risks Help Push Metsera Back To Pfizer
Novo Nordisk AS' aspirations to pry Metsera away from Pfizer Inc. collapsed over the weekend under the pressure of a revised Pfizer offer, twin court challenges and "a call from the U.S. Federal Trade Commission."
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November 10, 2025
Sony, CBS Resolve Legal Fight Over 'Jeopardy!' Distribution
Sony Pictures and CBS Studios have announced that they've reached a settlement in a California state lawsuit over distribution of popular game shows "Jeopardy!" and "Wheel of Fortune," with Sony taking over distribution in steps over the next several years.
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November 10, 2025
Former Iconix CEO Sues Company, Ex-Protegé For $45M
Iconix Brand founder and ex-CEO Neil Cole, whose criminal fraud conviction was recently thrown out, filed a $45 million malicious prosecution and breach of contract lawsuit Monday in New York federal court against the brand management company and one of its former executives.
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November 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's top court issued a flurry of rulings last week and heard arguments on recently passed legislation that expanded liability shields for some corporate acts while the Court of Chancery passed on another round of arguments over control of Caribbean broadcaster Caribevision.
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November 10, 2025
Justices Won't Review Iraq's Immunity In $120M Contract Suit
The U.S. Supreme Court on Monday declined to review an overturned $120 million judgment that a Pennsylvania defense contractor secured against Iraq for the country's failure to pay for salvaging military equipment after the fall of Saddam Hussein's government.
Expert Analysis
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.