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Commercial Contracts
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June 25, 2025
Adviser's $300M Ponzi Dismissal Bid 'Specious,' Investor Says
An investor who was roped into what the federal government has called a $300 million Ponzi scheme asked a Georgia federal judge Wednesday to keep their suit alive, arguing they shouldn't be subject to heightened pleading standards for a fraud claim they never made against a Peach State financial adviser.
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June 25, 2025
Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict
An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.
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June 25, 2025
Spirit Flags Competition Concerns Over United-JetBlue Pact
Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.
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June 25, 2025
Timberwolves' Contested Sale Gets NBA Owners' Approval
NBA team owners have unanimously approved the $1.5 billion sale of the Minnesota Timberwolves and Lynx to a consortium led by former limited partners Marc Lore and Alex Rodriguez, advised by Wachtell Lipton Rosen & Katz and Sidley Austin LLP, in a deal they first reached in 2021.
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June 25, 2025
Hanford Contractor To Pay $6.5M To Settle Fraud Allegations
A contractor tapped to manage and operate a tank farm holding millions of gallons of hazardous and radioactive waste at the Hanford nuclear site in Washington will pay $6.5 million to settle claims it overcharged the U.S. Department of Energy for labor hours, according to federal prosecutors.
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June 25, 2025
Biden WH Counsel, Civil Rights Atty Joins Cooley's DC Team
A former associate White House counsel to President Joe Biden, who has worked in the Senate and in leadership roles in higher education, has joined the litigation team at Cooley LLP, having served alongside some of his new colleagues while representing victims of the 2017 white supremacist rally in Charlottesville, Virginia.
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June 25, 2025
Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft
Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.
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June 24, 2025
Billy Crystal Sued By Manager's Widow Over Film Fees
The widow of Billy Crystal's longtime manager sued the actor in California state court Tuesday, alleging he owes fees from his acting and voice-over work and arguing that the "When Harry Met Sally" star stopped paying her late husband's management firm two years ago in breach of an oral and implied contract.
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June 24, 2025
Cargo Explosion Prompts $32M Va. Suit Amid London Claim
A freight operator has asked a Virginia federal court to let it seize approximately $32 million in maritime property as it pursues arbitration in London for that same amount of damages after its coal cargo exploded while aboard a vessel headed to China last November.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
MLB Star Tatis Sues Over 'Predatory' Future Earnings Deal
San Diego Padres star Fernando Tatis Jr. filed a lawsuit Monday in California state court alleging that a future earnings deal he signed with Big League Advance when he was a minor league baseball player is an illegal, predatory loan that could cost him $34 million.
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June 24, 2025
Chancery Won't Let Nielsen Spinoff Block Access To Data
Nielsen Holdings Ltd. won a temporary restraining order in Delaware's Court of Chancery Tuesday blocking a spun-off consumer intelligence venture from denying access to data used by Nielsen and another company that it intends to sell to the dissenting spinoff's competitor.
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June 24, 2025
Ex-Inmate's Debit Fee Class Action Cleared For Trial
A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.
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June 24, 2025
Sirius XM Fee Suit Undermined By Site Changes, Judge Hints
A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.
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June 24, 2025
Visa Can't Duck DOJ's Debit Card Monopoly Case
A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.
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June 24, 2025
Another Musk Case, Another Judge Recusal
A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.
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June 24, 2025
No Coverage For Oil Co. Accused Of Pipe Scheme, Court Told
Everest Indemnity Insurance Co. is asking a southern Texas federal court to rule that it is not required to indemnify a Houston energy equipment company accused of defrauding an oil and gas operator through faulty pipes.
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June 24, 2025
D&O Insurer Must Cover Investor In Merger Dispute
A directors and officers liability insurer had a duty to defend and indemnify a venture capital investor in a now-resolved lawsuit over the sale of a company immediately after a merger, a California federal court ruled, finding a dilution-of-shares exception in an exclusion applicable.
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June 24, 2025
Mich. Court Says Nonprofit Can't Co-Own Power Project
A Michigan state appellate court on Monday found that the Michigan Public Power Agency's electric transmission lines lack the physical connection required under a 2021 law to co-own two new electric grid upgrade projects, marking the first time an appellate court has tackled the relatively new infrastructure statute.
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June 24, 2025
Boeing Says COVID-Era Docs Needed In Suit Over 737 Sales
Boeing is urging a Washington federal court to compel a defunct South African airline to turn over documents about its financial state and the effects of the COVID-19 pandemic on its business from 2019 to 2021, as the plane maker fights a suit alleging it hid the flaws of its 737 Max line.
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June 24, 2025
UPenn Prof Can't Avoid Discipline Over Provocative Remarks
A Philadelphia federal judge has denied a University of Pennsylvania law professor's attempt to stop her impending one-year suspension from teaching, saying the professor failed to demonstrate she would suffer irreparable harm from the school's disciplinary actions.
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June 24, 2025
Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit
A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.
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June 23, 2025
CBS Says Trump's $20B Suit Doesn't Belong In Texas
Paramount Global and CBS Broadcasting told a Texas federal judge President Donald Trump's $20 billion lawsuit accusing the network of deceptively doctoring a "60 Minutes" interview with Kamala Harris belongs outside the Lone Star State, saying in a Monday brief the interview took place "nearly two thousand miles from this courthouse."
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
Google Foes Try To Hold Co. To DOJ's Ad Tech Win
Website publishers, advertisers and others asked a New York federal court to all but seal Google's fate in their multidistrict litigation targeting the company's advertising placement technology business by holding it to the liability findings against the search giant previously won by the U.S. Department of Justice.
Expert Analysis
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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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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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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.