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Commercial Contracts
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August 20, 2025
5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill
A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.
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August 20, 2025
Consumers Seek Clarification On Stay In NFL, Fanatics Suit
A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
Judge Bans Texas Atty He Says Is 'Incapable Of Honesty'
A federal judge has indefinitely suspended attorney J. Shelby Sharpe from practicing law in the Northern District of Texas after he helped supposedly erstwhile clients dodge judgments, saying the attorney is seemingly "incapable of honesty."
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August 19, 2025
Las Vegas Sun Asks 9th Circ. To Revisit Order Voiding Deal
The Las Vegas Sun has urged the Ninth Circuit to reconsider its decision finding that its joint operating arrangement with the Las Vegas Review-Journal was illegal for lacking U.S. attorney general approval, arguing the Sun could collapse while its competitor maintains a monopoly in the daily newspaper market for a Nevada county.
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August 19, 2025
Puerto Rico Investor Says Colo. Hemp Grower Owes Over $2M
A Puerto Rican investment firm sued a Colorado hemp producer in state court Tuesday, alleging it owes more than $2 million for unfulfilled contracts.
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
BofA Knocks Out State Law Claims In Zelle Fraud Class Action
A North Carolina federal judge partially sustained Bank of America's objections to a magistrate judge's recommendation allowing a proposed class action over alleged fraud on the peer-to-peer payment service Zelle to proceed, finding that the suit fails to plausibly plead claims under any of the asserted state consumer protection statutes.
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August 19, 2025
$8M Lake Michigan Dock Damages Suit Sent To Florida
A Michigan federal judge has said a Lake Michigan marine transportation company accusing Lockheed Martin Corp. and the U.S. Navy of causing more than $8 million of damage to its facility while testing a naval vessel must pursue the litigation in the Middle District of Florida.
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August 19, 2025
Insurers Pull Back From Discord Liability Coverage Fight
Four insurers jointly have agreed to dismiss a complaint, counterclaims and crossclaims focused on insurer risks and liability related to social media site Discord Inc., now the target of multiple suits accusing the site of facilitating child exposure to graphic content, abuse and exploitation.
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August 19, 2025
11th Circ. Bars Salvage Claim Over Historic French Shipwreck
The Eleventh Circuit ruled Tuesday that an underwater salvage outfit cannot recover payment for locating la Trinité, a French ship sunk off the coast of Florida in 1565, because the Sunken Military Craft Act blocks salvage rights without France's consent.
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August 19, 2025
Family Alleging Firm's Girardi Conflict Denied Partial Win
A Los Angeles judge Tuesday denied a family's motion seeking judgment on declaratory relief claims in a $1.8 million malpractice lawsuit against a firm that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, saying disputed facts remain in the "unusual" case.
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August 19, 2025
Prospect Medical Says Yale Deal Is Top Offer For Hospitals
Hospital operator Prospect Medical Holdings Inc. has asked to assume a $435 million pre-bankruptcy agreement to sell its three Connecticut hospitals to Yale New Haven Health Services Corp., arguing it contains the "highest possible recovery" for its creditors.
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August 19, 2025
Suno Says Indie Artists' AI Copyright Claim A Stretch
Artifical intelligence music generator Suno on Monday asked a Massachusetts federal judge to trim a proposed class action on behalf of independent musicians, saying the plaintiffs fail to offer any support for their novel claim that the songs generated by the tool are copyright-infringing copies.
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August 19, 2025
NASCAR Fights Jordan Team's 3rd Bid For Injunction
Facing a third preliminary injunction bid from Michael Jordan's 23XI Racing team, private stock car company NASCAR told a North Carolina federal court that the team still fails to show irreparable harm and is unlikely to prevail at trial.
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August 19, 2025
Wisconsin Mall, Tenant Drop All Claims In Rent Dispute
A mall and its tenant told a Georgia federal judge that they have jointly dismissed their claims over an unpaid rent dispute, ending their motions including the mall's bid to have Bradley Arant Boult Cummings LLP disqualified from representing the tenant due to an alleged conflict of interest.
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August 19, 2025
NASA Gets Sensor Co.'s Patent Deal Breach Claims Tossed
A U.S. Court of Federal Claims judge axed an Ohio company's claims that NASA breached contracts to license and commercialize the agency's patented sensor technology, ruling that NASA fulfilled its side of the bargain before ending the agreements.
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August 18, 2025
Tesla Drivers Nab Class Cert. In 'Full Self-Driving' Suit
A California federal judge Monday granted class certification in a consolidated lawsuit that accused Tesla Inc. of duping drivers into falsely believing that its cars can fully pilot themselves, but made some modifications to proposed class definitions.
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August 18, 2025
Mexican Co. Slams 'Grotesque' $46M Award In LNG Plant Fight
A Mexican construction company asked a New York federal court Monday to vacate a $46 million arbitral award favoring industrial conglomerate Honeywell's subsidiary in a dispute over a contract to fabricate equipment for a liquefied natural gas plant, calling the award invalid, unjust and "grotesque."
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August 18, 2025
Crypto Game Co. Accuses Jump Trading Of Pump-And-Dump
A crypto video game developer has accused high-frequency trading firm Jump Trading of engaging in a pump-and-dump of its token after striking a deal to provide market making services.
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August 18, 2025
Subcontractor Accused Of $10M In Damages In Condo Dispute
The general contractor in charge of building a 461-unit condominium complex in downtown Denver told a state court Friday that a concrete subcontractor caused more than $10 million in damages due to an alleged breach of contract on the project.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Life Sciences Data Rivals Settle Trade Secrets Battle
Life sciences data company IQVIA Inc. has settled a suit that alleged data rival Veeva Systems Inc. used "crowdsourcing" to misappropriate trade secrets, the two companies said Monday.
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August 18, 2025
Del. Justices Reject CVS Bid For Opioid Claim Insurance
CVS Corp. lost its bid on Monday for Delaware Supreme Court reversal of a lower court ruling rejecting the healthcare giant's argument that insurers should cover government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices.
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August 18, 2025
Judge Rejects Energy Co.'s Bid To Toss $200M Hemp Suit
AES Clean Energy Development LLC's argument that it was not the party responsible for breaking irrigation lines leading to an alleged $200 million in damages to two hemp growers is a problem to still resolve in a lawsuit against the company, a Colorado federal judge found in denying a motion to dismiss on Monday.
Expert Analysis
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Tracking The Evolving Legal Landscape Of Music Festivals
The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Reddit v. Anthropic Is A Defining Moment In The AI Data Race
The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.