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Commercial Contracts
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July 15, 2025
Energy Company Says NJ Real Estate Firms Owe $1.2M
A Garden State supplier of renewable electricity has alleged in New Jersey federal court that a group of New Jersey commercial real estate firms is refusing to pay more than $1.28 million in energy bills.
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July 15, 2025
Ex-Yankee Wants $69K Tacked Onto Moldy Mansion Trial Win
A retired New York Yankees player is seeking nearly $70,000 in prejudgment interest after a Connecticut federal jury handed him a $222,000 win in his suit that sought to hold his former landlord liable for mold in a Greenwich mansion.
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July 15, 2025
NC Justices Urged To Halt Project Tract's Foreclosure Sale
A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.
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July 15, 2025
Door Maker Defends Landmark Divestiture Order At 4th Circ.
Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.
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July 15, 2025
5th Circ. Says Media Matters Can Challenge X Suit Venue
The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.
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July 15, 2025
Trash Hauler Accused Of Blocking Competitor Amid Strike
A Massachusetts competitor to trash hauler Allied Waste Systems says the company is interfering with its efforts to offer customers an alternative during a strike that is entering its third week, according to a complaint filed Tuesday in state court.
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July 15, 2025
9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case
The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.
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July 15, 2025
Car Buyer Wants Class Cert. Over VIN Etching Price
A Connecticut state court should grant class certification to more than 3,100 customers of the Milford-based Nissan dealership Napoli Motors Inc. on claims that its $299 charge for a service known as VIN etching violates a state law requiring "reasonable rates," the named plaintiff said in a new motion.
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July 15, 2025
Court Reporters Defend Suit Saying Group Coerces Dues
A pair of court reporters defended their New Jersey federal court proposed class action accusing the National Court Reporters Association of anticompetitively conditioning needed certification on expensive membership with the group, arguing the NCRA can't try to argue that membership and certification are one and the same.
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July 15, 2025
Michigan Cases To Watch In The 2nd Half Of 2025
Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.
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July 15, 2025
Keesal Young Accuses Stradley Ronon Of Unfair Poaching
Stradley Ronon Stevens & Young has been hit with allegations from California firm Keesal Young & Logan that it unfairly poached both shareholders and associates from the firm, allegedly conspiring with the departing attorneys to violate their agreements with the firm and costing Keesal Young $2.5 million in annual profits.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 15, 2025
Brookfield, Google Ink $3B Hydroelectric Power Deal
Brookfield Asset Management, its subsidiary Brookfield Renewable Partners and Google have agreed to a "first-of-its-kind" more than $3 billion deal that aims to build up to 3,000 megawatts' worth of hydroelectric power capacity throughout the country, Brookfield announced July 15.
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July 14, 2025
Casino Entrepreneur Fights Laos' Award Appeal At 9th Circ.
An entrepreneur who was not party to an arbitration is fighting to toss Laos' bid before the Ninth Circuit to overturn an order refusing to enforce about $5 million in arbitral awards stemming from an ill-fated casino venture, saying the appealed ruling isn't a final decision.
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July 14, 2025
Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees
A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.
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July 14, 2025
Ukraine Bank Payment Bid Likely Illegal In $150M Award Fight
A Texas magistrate judge has recommended denying, for now, Carpatsky Petroleum Corp.'s bid to force Ukraine's largest oil company to hand over payments via its international bank account to the U.S.-based corporation as it seeks enforcement of a $150 million arbitral award.
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July 14, 2025
NBA Deal Investor Suit Doesn't Hold Up, Warner Bros. Says
Warner Bros. Discovery has asked a New York federal judge to throw out investors' proposed class action over its failed negotiations for a new media rights agreement with the NBA, arguing that the investors haven't pointed to any evidence showing that Warner Bros. intended to mislead them about the deal.
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July 14, 2025
9th Circ. Partially Revives Doc's COVID-19 Insurance Fight
The Ninth Circuit on Monday revived a lawsuit from an immunocompromised oral surgeon claiming Paul Revere Life Insurance Co. wrongly denied him disability benefits when he stopped working during the COVID-19 pandemic, saying a reasonable jury could find that he was unable to do his work.
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July 14, 2025
TD Bank Defends $3 Monthly Paper Statement Fee
TD Bank has urged a New York federal judge to end a proposed class action alleging it illegally charges customers a $3 fee if they receive checking account paper statements every month, arguing Monday it has the authority under the National Bank Act to levy non-interest charges and fees.
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July 14, 2025
Michael Jordan's NASCAR Team Takes 2nd Stab At Injunction
Two NASCAR teams retooled their fight to finish out the 2025 race season as chartered teams Monday, telling a North Carolina federal court that their businesses are imperiled without an injunction and temporary restraining order that guarantee lucrative racing slots.
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July 14, 2025
Fla. Landlord Accuses Akerman Of Botching Lease Language
Real estate investor Turner Healthcare Facilities Fund LP on Monday accused its former Akerman LLP counsel in a south Florida state court of having committed a $45 million "mistake" by approving unenforceable clauses in leases on properties the investor owned.
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July 14, 2025
LinkedIn Antitrust Deal Offers Open Access And $4M For Attys
LinkedIn will stop conditioning online interface access on would-be rivals agreeing not to field their own professional social network, under an antitrust settlement with premium subscribers disclosed Friday in California federal court that promises $4 million for class attorneys from Bathaee Dunne LLP, Burke LLP and Korein Tillery PC.
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July 14, 2025
Ex-Engineer At Tech Co. IyO Hit With Trade Secrets Suit
Technology company iyO Inc. has alleged in a California state court lawsuit that a former engineer gave confidential company information to the co-founder of competitor io Products Inc., which is currently facing a federal trademark lawsuit alongside its new owner, OpenAI.
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July 14, 2025
Jury Says Commercial Real Estate Owner Hid $4.8M
A jury in Washington federal court has found a commercial real estate company owner guilty on charges of concealing nearly $5 million in income from the Internal Revenue Service using a series of limited liability companies.
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July 14, 2025
Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says
A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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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.