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Commercial Contracts
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November 17, 2025
Chase Gets 2nd Shot At Pushing Bias Suit To Arbitration
JPMorgan Chase Bank NA will have another chance to force a family's racial discrimination lawsuit into arbitration, a Seattle federal judge has ruled, modifying her earlier order that rejected the bank's arbitration effort.
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November 17, 2025
UConn Health Poised To Buy Hospital In $35M Ch. 11 Deal
Bankrupt for-profit hospital operator Prospect Medical Holdings Inc. on Monday sought approval for the $35 million sale of Waterbury Hospital in Connecticut to two UConn Health units under a stalking horse bid package filed in early November.
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November 17, 2025
SAP Proposes Fixes Amid EU Antitrust Probe
German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.
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November 17, 2025
Kansas City Bank Can't Nix Cert. Over Inmate Debit Card Fees
A Washington federal judge has denied the Central Bank of Kansas City's bid to decertify a nationwide class in a suit accusing it of charging former jail inmates unfair fees on prepaid debit cards, billing the motion as "premature" on Friday while leaving room for the bank to raise the issue again later.
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November 17, 2025
American Airlines Beats Investor Suit Over Sales Strategy
American Airlines has won dismissal of an investor suit that alleged it implemented a botched sales and distribution strategy, with the court finding the suit's reliance on vague statements of optimism and faulty confidential witness claims aren't enough to show the company acted fraudulently.
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November 17, 2025
'Astounding' Holland & Knight Conduct Drives Liability Ruling
Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."
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November 17, 2025
Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case
With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.
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November 17, 2025
NC Hospital Data Sharing Class Gets $2.45M Deal, $750K Fee
A North Carolina Business Court judge gave final approval Monday to a $2.45 million class action settlement for almost half a million patients who accused a health system of sharing sensitive information with Meta Platforms Inc., with class counsel securing $750,000 in attorney fees.
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November 17, 2025
9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case
The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.
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November 17, 2025
Senior Home Referral Site Must Face False Ad Claims
A senior living placement site must face a false advertising suit filed by a Georgia assisted living home alleging the platform runs on a pay-to-play model, as a federal judge said he wasn't buying Caring.com's defense that its advertising was innocuous "puffery."
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November 17, 2025
Fla. Panel Says Co. Isn't 'De Facto Defendant,' Denies Fee Bid
A Florida state appellate court has ruled that a construction company isn't a "de facto defendant" in an ancillary proceeding for a charging lien, denying the company's bid to recover attorney fees that it spent fighting the lien in a case that initially started as an insurance lawsuit.
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November 17, 2025
Mobix Sues SPAC Backers Over Alleged $30M Funding Failure
A California-based semiconductor-technology company has sued its former special purpose acquisition company sponsor, affiliated investment groups and their chief executive in the Delaware Chancery Court, accusing them of creating a scheme of false funding assurances that left the company undercapitalized when it entered the public markets in 2023.
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November 14, 2025
9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'
A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."
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November 14, 2025
Tendit, Ex-CEO Settle Rent Dispute Lawsuit
A facility services company and its former CEO reached a settlement that "reflects no admission of liability by any party" last month to resolve a lawsuit between the two in which the company said the former executive increased the company's rent with her real estate business before resigning.
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November 14, 2025
Stanford Credit Union Says Pig Butchering Scam Suit Misfires
Stanford Federal Credit Union has asked a federal judge to toss claims alleging it failed to reasonably investigate fraud allegations by a couple who claim they lost $600,000 in a so-called pig butchering investing scam, arguing the wire transfers are outside the Fair Credit Billing Act's scope.
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November 14, 2025
DC Circ. Mulls Reviving Guinea $21M Award Suit
A D.C. Circuit panel on Friday appeared open to reviving a Seychelles company's bid to enforce an arbitral award of more than $21 million against the Republic of Guinea, focusing oral arguments on whether the country "made" the underlying arbitration agreement even if it wasn't a party to it.
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November 14, 2025
Colo. Energy Co. Says It's Out $750K Due To Faulty Meters
A Colorado energy and gas company sued a Canadian company, saying the defendant sold it nearly $750,000 worth of faulty multiphase flow meters and ignored requests for a refund.
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November 14, 2025
Texas Justices Wall Off Shareholder Claims Against 3rd Party
The Texas Supreme Court found that individual shareholders have no right to bring direct claims against an outside party that has an agreement with the shareholders' company, saying Friday that they instead must file suit on behalf of the company they hold ownership in.
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November 14, 2025
Ethiopian Importer Asks Court To Enforce $5M Arbitration Win
An Ethiopian import company has asked a California federal court to enforce a $5.3 million arbitral award against a medical supply company following a dispute over a botched contract.
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November 14, 2025
Junior Hockey Players Fight Wage Case Dismissal In Appeal
Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.
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November 14, 2025
Calif. Properties Off-Limits For Now In $300M Award Fight
A New York federal judge won't allow a group of companies to take over two multimillion-dollar Napa Valley, California, properties in their bid to enforce a more than $300 million arbitral award in their dispute with fellow shareholders of a Latin American telecommunications company.
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November 14, 2025
Employers Urge Justices To Reverse DC Circ. Pension Ruling
Employers that withdrew from a union pension fund urged the U.S. Supreme Court to reverse the D.C. Circuit's holding on actuarial assumptions requirements for calculating withdrawal liability, arguing the appellate court misread federal benefits law by deciding that a union pension plan could retroactively change assumptions.
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November 14, 2025
Fla. Court Nixes $120K Fee Award In Soured Real Estate Deal
A Florida appeals court on Friday reversed an award of $120,000 in attorney fees for the business partner of a real estate lawyer after an agreement to buy and operate an Orlando office building fell apart.
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November 14, 2025
Keesal Young Fights Stradley Ronon Bid To Ax Poaching Suit
Claiming that scheming and collusion is an "everyday" occurrence should not absolve a law firm from civil liability for poaching attorneys, California firm Keesal Young & Logan has told the Los Angeles County Superior Court, saying Stradley Ronon Stevens & Young LLP should not escape its suit on claims that its lawyer recruitment is normal.
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November 14, 2025
Taxation With Representation: Wachtell, Paul Hastings, Sidley
In this week's Taxation With Representation, Pfizer Inc. completes its acquisition of obesity drug developer Metsera Inc., motion and controls technologies company Parker-Hannifin Corp. acquires Filtration Group Corp., and fund administrator JTC PLC backs a cash offer in the billions from British private equity shop Permira.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.