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Commercial Contracts
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December 03, 2025
ITG Urges Del. Justices To Snuff $250M Reynolds Award
An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.
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December 03, 2025
UMB Bank Gets Partial Win In $80M Hard Rock Hotel Dispute
UMB Bank NA has been granted wins on some of its claims in a suit regarding a failed $80 million Hard Rock Hotel development project, with a Kansas federal court ruling that claims it did not properly reimburse the project developer's costs have already been decided in Minnesota court.
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December 03, 2025
Landlord Can't Nix $4M Jury Award Over Mugging, Shooting
A Florida appeals panel on Wednesday affirmed a $4 million judgment in favor of a renter who alleged that his landlord failed to protect him from a mugging in which he was shot four times, finding that the issue of whether the incident was foreseeable was properly put in front of a jury.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
Google Wants Justices To Pause Petition Pending Epic Deal
Google asked the U.S. Supreme Court to put its petition seeking review of the antitrust case from Epic Games over the distribution of apps on Android devices on hold while the district court considers a potential settlement.
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December 03, 2025
Ecuadorian Cocoa Co. Says Quebec Seller Must Arbitrate
An Ecuadorian cocoa supplier is asking a New York federal court to compel arbitration against a Quebecois chocolatier in a $2 million contract dispute, saying the Quebec company violated their contract by initiating litigation in its home province.
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December 02, 2025
NASCAR Tests Credibility Of Michael Jordan's Biz Partner
NASCAR on Tuesday sought to weaken the credibility of Michael Jordan's business partner, driver Denny Hamlin, with its attorney questioning whether Hamlin's public statements can be trusted following his court testimony that NASCAR forced him to paint a "rosy picture" of the league for fans.
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December 02, 2025
Canadian Court Blocks Binance's Hong Kong Arbitration Bid
A Canadian court has ordered Binance to stop pursuing arbitration in Hong Kong against two class representatives in litigation accusing the cryptocurrency exchange of illegally trading securities, pointing to an appeals court decision finding the arbitration agreement is unenforceable.
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December 02, 2025
Foxconn Ordered To Pay $8.45M Award Over Defective Phones
A Texas federal judge has enforced an arbitral award ordering major technology manufacturer Foxconn International Holdings to pay cellphone supplier Emblem Solutions $8.45 million in a dispute over allegedly defective phones.
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December 02, 2025
Crown Castle, Dish Spar Over Colo. Lease On Appeal
A Colorado appellate panel on Tuesday spent time drilling down on the wording of a lease agreement between Dish and several telecommunications infrastructure companies, with Crown Castle and others asking the panel to vacate a jury verdict in favor of Dish regarding its use of land and whether additional rent is owed.
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December 02, 2025
Cher Wins $187K In Royalties In Sonny Bono Estate Dispute
Actress and singer Cher was granted about $187,000 in royalties by a California federal judge who ruled that the money had been retained by her late ex-husband and one-time musical collaborator Sonny Bono's estate improperly.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
PennyMac Can't Shed 'Pay-To-Pay' Borrower Class Action
Residential mortgage servicer PennyMac Loan Services LLC can't shed a proposed class action alleging it unfairly charged borrowers "pay-to-pay" fees, a North Carolina federal judge has said, saying the servicer's assertion that it doesn't collect or receive the relevant fees is an issue for a later stage in the proceedings.
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December 02, 2025
Elliott Says Millions Lost To Oil And Gas Venture Overcharges
Elliott Investment Management LP has accused SRP Capital Advisors LLC and a principal of misappropriating "tens of millions" from Elliott and other investors in an alleged scheme that began to emerge after a books and records suit in Delaware's Court of Chancery earlier this year.
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December 02, 2025
Oberon Says UK REIT Owes $40M Fee For Assura Takeover
A New York investment bank accused a healthcare-focused U.K. real estate investment trust and an affiliate of owing more than $40 million after the bank found a real estate portfolio acquisition target for the REIT, in a suit filed Monday in New York federal court.
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December 02, 2025
Startup's Accent Translation Trade Secrets Suit Can Proceed
A California federal judge has denied a technology company's attempt to escape a suit alleging it stole trade secrets related to an accent translation technology from an artificial intelligence startup, saying the tech company's insistence that its rival did not make enough of an effort to defend the secrets does not make for grounds to dismiss the case at this time.
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December 02, 2025
Judge Combines Antitrust Suits Against Zillow, Redfin
A Virginia federal judge has consolidated two separate antitrust suits filed by the Federal Trade Commission and multiple states against property listing companies Zillow Group Inc., Zillow Inc. and Redfin Corp.
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December 01, 2025
Bristol-Myers Must Face Trimmed $6.7B Celgene Investor Suit
A Manhattan federal judge Monday trimmed UMB Bank's lawsuit accusing Bristol-Myers Squibb of slow-walking the U.S. Food and Drug Administration approval process for three drugs to avoid paying shareholders $6.7 billion owed from its 2019 acquisition of Celgene Corp.
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December 01, 2025
Teams Have Had To Fold Under NASCAR Monopoly, Jury Hears
NASCAR teams are so unprofitable under the current contract system that most have shuttered in the decade since its inception, driver and team owner Denny Hamlin told a North Carolina federal jury Monday on the first day of a highly anticipated antitrust trial against the private stock car racing organization.
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December 01, 2025
Silver Fern Chemical Tells Jury 3 Workers Stole Trade Secrets
Counsel for chemical distributor Silver Fern Chemical told a Seattle federal jury Monday that three of its salespeople cheated the company out of more than $7 million in revenue by taking confidential customer information to a rival business, kicking off what's expected to be a 12-day trial.
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December 01, 2025
Alaska Airlines Defeats Flight Pass Cutbacks Suit For Good
A California federal judge on Monday threw out a proposed class action accusing Alaska Airlines of unlawfully reducing the number of flights available to members of its Flight Pass program, ruling that the airline was well within its rights to make changes.
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December 01, 2025
State AGs Demand Info From 'Buy Now, Pay Later' Lenders
A multistate coalition of seven attorneys general has launched a probe into the terms and fees set by "buy now, pay later" lenders that are popular with shoppers, saying they're concerned that the companies' products could be breaking consumer protection laws.
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December 01, 2025
Dish Accused Again Of Breaking 5G Rollout Contract
A communications infrastructure provider claimed in Colorado state court last week that Dish Wireless LLC was wrong to break off a master service agreement between the two over Dish's now-abandoned plan to build a 5G network, rejecting Dish's claims that it was forced to sell its spectrum licenses by the Federal Communications Commission.
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December 01, 2025
Chancery Tosses Suit Challenging Auto Repair Biz Sale Nix
Investors in affiliates of auto repair venture Repairify Inc. failed to show an enforceable fiduciary duty breach when they launched a derivative suit accusing the company's controller and others of snubbing a push to sell the business, a Delaware vice chancellor declared on Monday.
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December 01, 2025
Legal Publisher Says AI Firm Made Improper Use Of Database
Legal publishing and research firm Fastcase hit legal AI tech firm Alexi with a lawsuit in D.C. federal court, claiming it breached a former business relationship and began making improper use of its legal data to become a direct competitor.
Expert Analysis
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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.
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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.