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Commercial Contracts
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July 22, 2025
Investor Sanctioned For Ignoring Telecom Arbitration Award
A New York federal judge has sanctioned an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring an arbitral award issued in a bitter, yearslong dispute over control of the company, saying he hasn't done enough to vacate offending judgments in the British Virgin Islands.
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July 22, 2025
Wash. Appeals Court Affirms Biz Tax Rule For Drop Shippers
The Washington Court of Appeals upheld the state's rule on Tuesday that out-of-state wholesalers in drop shipment transactions are subject to a business tax when the customer that ultimately receives the product is within the Evergreen State's borders, rejecting a challenge from California IT distributor Synnex.
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July 22, 2025
NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row
A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.
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July 22, 2025
DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal
The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.
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July 22, 2025
Sandals Owes Longtime Ad Partner $50K In Copyright Trial
Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.
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July 22, 2025
Fubo Streamers Get Own Attys In Disney Suit
DiCello Levitt and Lite DePalma have won out over Bathaee Dunne in a battle to represent FuboTV subscribers suing Disney over ESPN streaming rates, with a judge saying he had "grave doubts" that Yavar Bathaee could adequately represent the plaintiffs after Bathaee undercut their case in a status conference.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Jordan's Team Says NASCAR Is Trying To 'Rewrite History'
Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.
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July 22, 2025
Pot Co. Claims Landlord Stole Trade Secrets, Started Rival Co.
A Los Angeles dispensary and cannabis grower has claimed that its landlord, the Art Rubinstein Family Trust, lured it into a business partnership so the landlord could steal trade secrets and later coerce the tenant into extending its lease, according to a lawsuit filed in California state court.
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July 22, 2025
Ex-Bank Worker's 401(k) Suit Must Be Arbitrated, 5th Circ. Told
A Laredo, Texas-based bank told the Fifth Circuit Monday that a former worker should be forced to arbitrate a proposed class action claiming the company failed to prudently invest employee retirement funds, even though the provision was added after his employment ended.
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July 22, 2025
Viks Demand End To Deutsche Bank's 'Egregious' Norway Suit
Billionaire Alexander Vik and his daughter have opened a new front in a 12-year litigation war with Deutsche Bank AG over an outstanding $243 million judgment, arguing in a Connecticut federal court complaint that the financial giant must end its own "vexatious" lawsuit against them in Norway because the issues were already decided in the Viks' favor.
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July 22, 2025
Lathrop GPM Adds Partner To Chicago Office
Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.
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July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid
Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
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July 22, 2025
Whitman Breed Asked To Set Aside $3.8M Amid Lease Fears
Connecticut law firm Whitman Breed Abbott & Morgan LLC should set aside $3.8 million to satisfy its landlord's fears that a wave of departures has rattled the firm's finances and may jeopardize its lease of a 16,000-square-foot Greenwich office, a property manager testified Tuesday.
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 21, 2025
Insurer Can't Get New Trial After $1.75M Loss, 11th Circ. Says
The Eleventh Circuit on Monday upheld a $1.75 million verdict a Georgia church won against its insurance company in a storm damage coverage dispute, ruling that the insurer largely abandoned its defenses against the judgment before the case ever landed in front of the appellate panel.
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July 21, 2025
Intel, VLSI Clash Over Ownership Verdict Effect In Patent Fight
VLSI Technology argued Monday that a federal jury's finding that Fortress Investment Group controls it and Finjan Holdings doesn't save Intel Corp. from a patent infringement case against the technology giant, while Intel asserted the exact opposite.
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July 21, 2025
Software Co.'s Ex-CEO Claims Fraud 'Infects' $9M Award
The founder and former chairman of a software investment company has asked a New York federal judge to set aside an order enforcing a $9 million arbitral award against him, claiming a Pakistani court ruled the company engaged in a fraudulent scheme that infected the entire arbitration.
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July 21, 2025
Not Enough Similarities To Apply DOJ Ad Tech Win: Google
Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.
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July 21, 2025
Guinea Tells DC Circ. $22M Award Can't Be Enforced
The Republic of Guinea has urged the D.C. Circuit not to revive a consulting company's bid to enforce a $22 million arbitration award, saying a lower court correctly found that it was unclear whether the country agreed to arbitrate the dispute in the first place.
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July 21, 2025
Danish Furniture-Maker Looks To Arbitrate $25M Fraud Suit
Luxury furniture-maker BoConcept has urged a federal court to order two businessmen who purchased franchise rights for three of its Southern California stores to arbitrate their $25 million fraud claim in Denmark.
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July 21, 2025
Calif. High Court Says Biotech Investor Suit Belongs In Del.
The California Supreme Court on Monday ruled that a lawsuit pursued by a minority investor alleging San Diego-based EpicentRx and its officers bamboozled investors belongs in Delaware Chancery Court, rejecting arguments that enforcing the biopharmaceutical company's forum selection clause violated Golden State jury trial protections.
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July 21, 2025
NCAA Says Ohio NIL Case Ruling Ends NC Spat
The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.
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July 21, 2025
Oil Equipment Co. Says Agent At Fault For Lack Of Coverage
An oilfield equipment supplier said it is facing potential liability exceeding $1.3 million because of its insurance agent's negligence, telling a Texas state court the agent failed to timely notify the company's cyber insurer after a hacking incident.
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July 21, 2025
Insurance Cos. Say They Already Paid For Warehouse Damage
Two insurance companies asked a Texas federal court to issue judgment as a matter of law in a lawsuit brought by a warehouse owner over roof damages, saying Monday not all the damages to the warehouse's roof were covered under the policy.
Expert Analysis
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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.
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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.