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Commercial Contracts
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August 25, 2025
Radiology Co. Wants Arbitral Award Nixed Over 'Legal Fiction'
A Georgia-based radiology provider has urged a federal court to nix an arbitral award rejecting its $2 million fraud claim against an Indian company, saying the arbitrator "manufactured a legal fiction out of whole cloth."
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August 25, 2025
DOJ Wants $10.5M From Convicted Nursing Exec For Fraud
U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.
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August 25, 2025
UMG Fights Salt-N-Pepa's IP Suit Over Masters
UMG Recordings Inc. urged a New York federal court Friday to toss Salt-N-Pepa's suit demanding the copyrights for several of their hip-hop hits, including "Push It" and "Let's Talk About Sex," arguing the artists can't terminate UMG's grant of rights, and even if they could, UMG can still exploit derivative remixes.
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August 25, 2025
Judge Flags Possible Conflict In Foley & Lardner Client Spat
A Texas appellate court told Foley & Lardner LLP and two of its former clients that one of its judges might have a conflict of interest precluding him from deciding the parties' dispute over the firm's alleged failure to disclose conflicts of interest.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 25, 2025
Judge Refuses To Bar NC BBQ Joint From Selling Sauces
A North Carolina federal judge has declined to block a chain of barbecue restaurants from selling its sauces and rubs through third-party retailers, saying the company that runs its sister restaurants had not shown that it will suffer irreparable harm without an injunction.
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August 22, 2025
Apple Says Ex-Employee Stole Watch Secrets For Oppo
Apple is going after a former employee on its Apple Watch team in a California federal lawsuit, claiming he stole trade secrets related to the wearable device to share with his new employer, Chinese phone maker Oppo.
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August 22, 2025
Ex-Tennis Channel Chief Says Sinclair Fired Him To Duck Pay
The former Tennis Channel president sued the network, the Sinclair Broadcast Group and others in California state court Friday, alleging that after he spent 20 years building the channel into a success, he was fired last year in a pretextual move to avoid paying him his equity options.
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August 22, 2025
DC Circ. Weighing $47M Award Is Told Due Process At Stake
A Mexican businessman at the center of an allegedly fraudulent loan scheme underpinning an international tribunal's $47 million award to a Canadian investor is urging the D.C. Circuit to cancel the award, calling the underlying arbitration a "blatant denial" of due process.
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August 22, 2025
Valve Says Users Can't Arbitrate After It Axed Gamer Clause
Valve is urging a Washington federal judge to block around 600 users of its video game platform from pursuing arbitration of consumer protection claims, saying the company nixed an arbitration clause from its subscriber agreement after a plaintiffs' attorney abused the previous terms.
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August 22, 2025
Bank Must Produce Records On Prepaid Debit Card Program
Former inmates accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards will be allowed to access certain records maintained by the financial service contractors the bank used to administer the cards, a Washington federal magistrate judge determined.
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August 22, 2025
NYC Mall Lenders, Developer Ax Foreign Investor Suit
A New York federal judge dismissed foreign investors' suit over the loss of their investment in a New York City mall project, finding they failed to prove their investments were lost because parties allowed their funds to be subordinated to later financing provided by a Goldman Sachs affiliate.
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August 22, 2025
BNSF Sued In Del. Over 19 Locomotive Purchase Terms
The Georgia-based owner of 19 locomotives leased to the nation's largest freight railroad in 2005 has sued in Delaware for their return, after Texas-headquartered BNSF Railway initiated a purportedly too-late, unilateral plan to hold and buy the equipment after a contested arbitration.
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August 22, 2025
NJ Judge Halts Ex-CEO's Sentencing After Habba Ruling
Citing a federal court ruling that the Garden State's U.S. attorney is serving unlawfully, a New Jersey federal judge issued an order Friday postponing indefinitely the sentencing of the ex-chief executive of SCWorx Corp., who had promoted a $670 million COVID-19 test kit deal that later fell apart.
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August 22, 2025
DLA Piper Boosts VC Practice With Goodwin Atty In NY
DLA Piper has added a longtime Goodwin Procter LLP partner to its emerging growth and venture capital practice in New York, the firm announced.
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August 22, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.
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August 22, 2025
Real Estate AI Co. Can't Dodge $100M Share Deal Breach Suit
A New York federal judge has mostly denied reAlpha Tech Corp.'s bid to toss a Luxembourg-based investment firm's suit seeking to enforce a $100 million share purchase agreement, rejecting reAlpha's arguments seeking to toss the suit's breach of contract and damages claims but dismissing the plaintiff's declaratory judgment claim.
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August 21, 2025
Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys
Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing
A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing.
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August 21, 2025
Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash
The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.
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August 21, 2025
Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe
Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald.
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August 21, 2025
OnlyFans Flags Bogus Citations In RICO Fraud Suit
Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.
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August 21, 2025
NC Judge Warns Sabotage Trial Might Be A 'Slugfest'
A North Carolina Business Court judge hinted Thursday that he might let a jury decide whether an ordinary person could deduce the identities of a couple who claim they were defamed online by their former friends, but he also urged the feuding families to consider what it might ultimately cost to take their case to trial.
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August 21, 2025
Receiver In Nate Paul Dispute Not Entitled To $2.8M In Fees
A state appeals court said Thursday that a receiver in a dispute involving companies owned by real estate investor Nate Paul can't recover $2.8 million in fees because the sum the fees stem from never came into his possession.
Expert Analysis
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.