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Commercial Contracts
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December 19, 2025
Colo. Judge Rules Lumen's Claims Not Time-Barred
A Colorado federal judge ruled that Lumen Technologies' suit against a consulting firm isn't time-barred, dismissing the firm's bid for summary judgment after it was accused of being liable for a faulty structural analysis of a building Lumen wished to purchase in Miami.
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December 19, 2025
Colo. IVF Co. Says AI Fertility Co. Owes Nearly $900K
The maker of an in vitro fertilization incubator system has filed a breach of contract lawsuit in Colorado federal court, claiming an artificial intelligence-based fertility company owes it nearly $900,000 for embryoscope incubator systems it sold to the lab.
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December 19, 2025
X Can Still Sue Media Matters In Ireland, 9th Circ. Rules
The Ninth Circuit on Friday vacated a California federal judge's injunction that blocked X Corp.'s ongoing lawsuit against left-leaning watchdog Media Matters in Ireland over an allegedly defamatory article, saying Media Matters waited too long before seeking to bring the case to the Golden State and thus prejudiced X.
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December 19, 2025
FTC Says Building Service Contractor Will End No-Hire Pacts
The Federal Trade Commission is continuing to show interest in labor market issues, reaching a deal on Friday alongside New Jersey state enforcers that bars Adamas Amenity Services LLC from enforcing no-hire agreements with building owners.
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December 19, 2025
Coal Exec Calls Out Feds' 'Secrecy' In FCPA Trial Delay Bid
A coal executive facing Foreign Corrupt Practices Act charges has asked a Pennsylvania federal judge to delay his trial, pointing to what he called "secrecy" surrounding the government's review of his case when federal authorities have retreated from bribery prosecutions.
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December 19, 2025
Texas Justices Order Redo For BofA Building Valuation
The Texas Supreme Court on Friday ordered a redo in a valuation that saw Bank of America communicate with a supposedly neutral appraiser ahead of time, saying that a trial court improperly confirmed an $8 million appraisal of a Houston property.
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December 19, 2025
Veolia Hit With $4M Overcharge Claim By NJ Borough
A Garden State municipality is suing Veolia Water New Jersey Inc. and two affiliated entities in state court, alleging the private water provider orchestrated a yearslong scheme to falsify consumption data, manipulate meter readings and induce the town into paying millions more for water than it actually used.
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December 19, 2025
Chemical Co. Workers Stole Trade Secrets, Seattle Jury Says
Three former employees of Silver Fern Chemical Inc. misused the Washington-based distributor's trade secrets when they took proprietary customer information to work for a rival business, a Seattle federal jury said in awarding the company $1.9 million for lost profits.
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December 19, 2025
Eni Asks Justices To Weigh In On Natural Gas Project Spat
Italian energy giant Eni is urging the U.S. Supreme Court to review a New York appellate court decision that it says "stretched the claim preclusion doctrine beyond all constitutional bounds," in a long-running and multifaceted dispute stemming from a deal over a billion-dollar Mississippi liquefied natural gas processing facility.
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December 19, 2025
Gambling Tech Co. Loses Sanction Bid In NJ Defamation Case
A New Jersey state judge rejected a gambling technology company's bid for sanctions in its defamation suit against investigative firm Black Cube and law firm Calcagni & Kanefsky LLP, ruling that Black Cube did not willfully disobey a court discovery order.
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December 19, 2025
Keesal Young Drops Part Of Stradley Ronon Poaching Suit
Keesal Young & Logan wants to drop part of its California state court lawsuit alleging Stradley Ronon Stevens & Young LLP unlawfully recruited 10 of its attorneys.
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December 19, 2025
Atty Says Anti-SLAPP Law Scuttles Ex-Law Partner's Case
Attorney Andrew Garza and his new firm, Claggett Sykes & Garza LLC, have invoked Connecticut's anti-SLAPP law in an attempt to dismiss litigation by his former law partner Ryan McKeen, one of several lawsuits between the partners after the dissolution of their firm, Connecticut Trial Firm LLC.
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December 19, 2025
Live Nation 401(k) Suit Arbitration In Calif. Gets Redo
A California federal judge agreed to reconsider his order from 2023 requiring arbitration of some claims in a federal benefits suit from Live Nation workers alleging excessive fees in their employee 401(k) plan after the Ninth Circuit had remanded the case in August.
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December 19, 2025
J&J, ChemImage Reach Deal After $77M AI Patent Judgment
Johnson & Johnson has entered an agreement to resolve a lawsuit that ChemImage Corp. had brought alleging the pharmaceutical giant unilaterally ended a deal to develop in-surgery artificial intelligence imaging techniques, after a New York federal judge determined J&J owed $76.6 million in the dispute.
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December 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the designer of an 88-facet diamond bring a copyright claim against a luxury watch retailer, collapsed firm Axiom Ince bring legal action against the solicitors' watchdog, and the Post Office hit with compensation claims from two former branch managers over their wrongful convictions during the Horizon information technology scandal.
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December 18, 2025
$10B Verdict Hinges On Witness Order, Katyal Tells Panel
Milbank's Neal Katyal urged a California state appellate panel to grant a new trial to a man who lost an estimated $10 billion verdict when a jury found he violated an oral agreement with his brothers over a real estate empire, saying the witness order violated a civil procedure rule.
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December 18, 2025
NY Appeals Court Lets $62M PDVSA Bond Feud Proceed
A New York appeals court on Thursday rejected a bid by Venezuela's state-owned oil company to find that service of a lawsuit over a roughly $62 million defaulted bond was insufficient under the Foreign Sovereign Immunities Act, ruling that the company had waived its right to be served in compliance with the act.
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December 18, 2025
Top Trade Secrets Decisions Of 2025
The Ninth Circuit clarified the rules of engagement in trade secrets disputes with guidance on when confidential information must be precisely detailed during litigation, and jurors delivered a $200 million verdict against Walmart over product freshness technology. Here are Law360's picks for the biggest trade secrets decisions of 2025.
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December 18, 2025
Monarch Overhyped 'Driver-Optional' Tractors, Ex-Dealer Says
A Washington farm supply store sued California-based Monarch Tractor — which bills itself as the maker of "the world's first autonomous tractor" — in Seattle federal court Thursday, claiming the company's MK-V vehicles "did not perform as represented and were unable to operate in the autonomous manner represented."
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December 18, 2025
Wash. Justices Say Open Gov't Law Covers Seattle Contractor
The Washington State Supreme Court has reinstated a citizen suit seeking information related to downtown Seattle's Metropolitan Improvement District, recognizing in a Thursday opinion that the district's private nonprofit management entity DBIA Services is analogous to a government agency and thus subject to the state's public records law.
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December 18, 2025
Coffee Contractual Dispute Will Be Arbitrated, NY Judge Says
A New York federal judge ordered the parent company of a Colombian coffee supplier to arbitrate a dispute over its soured relationship with the U.S. arm of a Swiss coffee merchant despite not signing an underlying arbitration agreement, ruling that the pact could be enforced based on an agency theory.
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December 18, 2025
Settlement Admin, Bank Conspiracy Suits Consolidated In DC
A group of putative class actions alleging a wide-ranging kickback scheme between three of the largest settlement administration companies in the country and banks that was designed to juice administration fees while diminishing class action payouts has been consolidated in D.C. federal court.
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December 18, 2025
Ex-NFL Player Can't Keep $1.9M Atty Fees, 5th Circ. Rules
Former NFL player Michael Cloud was not owed attorney fees by the NFL's retirement plan from his attempt to attain disability benefits, the Fifth Circuit said Thursday, dealing Cloud another defeat after a previous court victory was reversed.
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December 18, 2025
Vegas Sun Wants Justices To Revive Protective Pact
The Las Vegas Sun wants the U.S. Supreme Court to take up a Ninth Circuit decision that nixed an agreement protecting it from the Las Vegas Review-Journal's alleged plan to drive it out of business, arguing that the old pact with the more conservative paper was valid even without express government approval.
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December 18, 2025
Agita Over Piglets At Party Got Pharma Exec Axed, Suit Says
The U.S. arm of a Danish pharmaceutical company pushed out a director after he expressed concerns about using baby pigs for a photo op at the company's anniversary party knowing the animals would be euthanized after, a new federal lawsuit alleges.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.