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Commercial Contracts
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December 08, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions.
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December 05, 2025
Michael Jordan Tells Jury He'd 'Never Jeopardize' NASCAR
From North Carolina, at 6'6", Michael Jordan took the stand Friday in his race team's antitrust trial against NASCAR, telling a jury that he would never jeopardize the sport but that the teams and their drivers deserve more credit from their sanctioning body.
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December 05, 2025
Calif. Court Reverses Arbitration Denial In Injury Firm Dispute
A California state appeals court has reversed a lower court's decision denying an injury firm co-founding partner's petition to compel arbitration in a dispute with his former law partner over referral and attorney fees, finding that an arbitration clause may be enforceable.
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December 05, 2025
Factory Mutual Sued For $14M In Lost Power Plant Revenue
A power plant owner hit Factory Mutual Insurance Co. with a suit in New York federal court alleging the insurer wrongly withheld at least $14 million in coverage for lost revenue following an outage.
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December 05, 2025
LA Pot Regulators Escape License Revocation Lawsuit
A cannabis entrepreneur can't proceed with a lawsuit accusing the city of Los Angeles of wrongfully taking away her business license, preventing her from operating three long-standing medical marijuana dispensaries, a California state judge has ruled, finding that she never owned most of the licenses.
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December 05, 2025
Skybound Hit With $4M IP Theft Suit Over 'Stray' Videogame
Skybound Game Studios stole video game designer iam8bit's trade secrets and confidential information to negotiate a deal behind its back to launch "Stray" for the Nintendo Switch with a publisher while cutting iam8bit out of the profits, according to a $4 million fraud suit filed in California state court.
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December 05, 2025
Man Says Insurer Served Shooting Coverage Suit Too Late
The father of a mass shooter said his home insurer failed to serve him timely with a suit seeking to avoid coverage for an underlying action brought by the shooting victims and family members of decedents, telling a North Carolina federal court that the claims against him must be tossed.
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December 05, 2025
COVID Loss Insurance Suit Trimmed, But Eateries Can Refile
A North Carolina federal judge trimmed two of four claims in a COVID-related insurance coverage lawsuit filed by four restaurants against Cincinnati Insurance Co. after the insurer denied coverage for financial losses during the pandemic, but told the restaurants they could refile their complaint.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Pharma Co. Says Ex-Staff Used Secrets To Compete
Pharmaceutical supplier New Life Medicals (USA) Inc. told a North Carolina state court that a former warehouse manager, a freelance contractor and a business partner conspired to steal confidential information to form a competing venture only 10 miles away.
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December 05, 2025
Biz Didn't Own Patent, Judge Rules, Sinking Suit Against Bank
A Texas federal judge has ruled that a patent-holding company did not actually own a patent it was asserting against a Canadian bank since the agreement transferring the patent rights to it was void as a matter of law, dismissing the company's allegations of infringement.
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December 05, 2025
Insurance Broker Accuses Ex-Producers Of Client, Info Theft
Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.
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December 05, 2025
American Bridge Loses Seattle Convention Center Dispute
A Washington federal judge has found American Bridge Co. "solely responsible" for months of delays in a Seattle convention center project, concluding that the firm botched a steel work subcontract from the start and broke its promises to the general contractor, a joint venture between Clark Construction Group and Lease Crutcher Lewis.
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December 04, 2025
Fed. Circ. Mulls If Switching $104M Verdict For $3 Was Fair
The Federal Circuit didn't seem to be buying Versata Software's argument Thursday morning that a Michigan federal judge made a big mistake by clearing a nearly $105 million trade secrets and breach of contract verdict it won against Ford and replacing it with just $3 in damages.
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December 04, 2025
'Gun At My Head': Jury Hears From NASCAR Contract Holdout
Team owners felt strong-armed into signing their 2025 race agreements with NASCAR despite the "egregious" terms, owner Bob Jenkins told a federal jury in North Carolina Thursday on his second day testifying in the high-profile antitrust case against the league.
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December 04, 2025
Judge Weighs Venue For $146M Chilean Hospital Award Feud
A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.
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December 04, 2025
Credit Bureaus Can't Duck Suit Over Excluded Medical Debt
A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.
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December 04, 2025
Geico Claims Cos. Ran $2.7M Medical Device Billing Scheme
Two New York companies exploited the state's no-fault insurance laws by fraudulently billing Geico more than $2.7 million for unnecessary durable medical equipment for drivers involved in auto accidents who could receive no-fault coverage, the insurer told a New York federal court Thursday.
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December 04, 2025
NC Court Blocks AI Tech Rollout Amid Trade Secret Dispute
A North Carolina federal judge agreed with Canada-based Atlas Power Technologies Inc. that its multimillion-dollar technology for data centers using artificial intelligence will be endangered by the launch of a parallel product from a board member in coming weeks, granting the company's request for a temporary restraining order.
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December 04, 2025
Sunday Ticket Subscribers Claim NFL Added Late Arguments
The National Football League improperly introduced new arguments into their defense of the decision to dismiss the $4.7 billion verdict in their favor in the Sunday Ticket antitrust trial last year, a group of subscribers told the Ninth Circuit.
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December 04, 2025
LA Fitness Says FTC Can't Expand Online Shopping Law
LA Fitness urged a California federal judge to dismiss the Federal Trade Commission's lawsuit alleging the gym has burdensome cancellation methods, arguing Wednesday that it fails to state a claim under the Restore Online Shoppers' Confidence Act, which doesn't apply to brick-and-mortar businesses and only regulates online commerce.
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December 04, 2025
Texas Justices Weigh Fraud Claims Against Defense Attys
Texas justices had qualms with a law firm's argument that a former client and his mother can't bring fraud claims for a fee dispute, asking during oral arguments Thursday if the firm was contending that it is impossible for a defense lawyer to defraud their client.
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December 04, 2025
Goldberg Segalla Adds New Special Counsel To NYC Office
Goldberg Segalla LLP has hired an experienced commercial litigation attorney as special counsel for its real estate litigation and title disputes team in New York City, the firm recently announced.
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December 04, 2025
Traffic Safety Exec Joined Rival After $77K Bonus, Court Told
A traffic safety company has alleged in North Carolina federal court that the person who was in charge of expanding its business in the Southeast resigned just hours after receiving a $77,000 bonus check and took a trove of trade secrets, a slew of employees and customer lists to his new job for a rival.
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December 04, 2025
11th Circ. Won't Rehear NCR Corp. Compensation Fight
The Eleventh Circuit denied on Wednesday software company NCR Corp.'s request to rehear a case in which the court ruled that the company cannot issue lump-sum payments to deferred compensation plan participants as alternatives to promised life annuities.
Expert Analysis
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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.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.