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Commercial Contracts
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June 30, 2025
Trump And Paramount In 'Advanced' Talks To Settle $20B Suit
President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.
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June 30, 2025
Genentech Says Biogen Owes $122M Royalties As Trial Opens
Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.
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June 30, 2025
Aspen Hotel Investor Can't Get 2nd Go In $1M Fraud Suit
A Colorado federal judge on Monday dismissed the bulk of claims against a luxury hotel owner accused of stealing more than $1.3 million from a former investment partner, ruling that the claims have already been litigated in New York state court.
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June 30, 2025
RTX Expands Contract Fight With New Breach Claim
RTX Corp. said the consulting firm Delaware North America LLC missed deadlines and failed to deliver on an information technology services contract, in a breach of contract counterclaim filed in litigation that Delaware initiated.
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June 30, 2025
NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court
The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
6th Circ. Says Venue Unclear In $28M Ford Supplier Dispute
The Sixth Circuit on Monday ordered a Michigan federal court to reconsider whether a $28 million auto parts supplier dispute over the halting of orders for electric vehicle parts belongs in the U.S. or Mexico, finding the companies' evolving documents and conflicting venue clauses create too much ambiguity.
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June 30, 2025
Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling
The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.
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June 30, 2025
Fla. Court Declines To Ax $70M 'Usurious' High-Rise Loan Suit
A Florida federal bankruptcy judge Monday declined to toss a Chapter 11 adversary lawsuit claim that a lender attempted to take ownership of a prized high-rise lot in downtown Miami through a "usurious" $70 million loan default, allowing parties to reargue their positions after an amended complaint was filed.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
DraftKings Hammers Away At Suit Disputing Voided NBA Bets
DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."
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June 30, 2025
Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue
Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.
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June 30, 2025
Judge Hits Pause On Civil RICO Suit Against NJ Power Broker
A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.
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June 30, 2025
Calif. Panel Chides Attys Who Hid Opponent's Inactive Status
In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.
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June 30, 2025
Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale
Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.
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June 30, 2025
High Court Won't Weigh Class Standard In Junk Fax Row
The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.
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June 30, 2025
Justices Rebuff American Airlines' Bid To Revive JetBlue Pact
The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.
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June 30, 2025
High Court To Hear Fight Over Investment Fund Suits
The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.
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June 27, 2025
Texas Justices OK Methodist Church's Suit Against SMU
The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.
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June 27, 2025
Biogen, Genentech May Stay Mum On Damages At Trial
A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."
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June 27, 2025
Borrower Loses Bid To Void $19M Loan Repayment Award
A California federal judge has declined to grant a borrower's request to escape an arbitral award ordering him to repay a $19 million loan from a Chinese businesswoman, ruling he should have instead raised his argument before the arbitrators.
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June 27, 2025
Wells Fargo Beats Some Claims In Cash Sweep Litigation
A federal judge on Friday nixed some claims in a proposed class action accusing Wells Fargo of harming customers through its cash sweep deposit program by giving them only minimal interest on their holdings, including a claim that the bank breached its fiduciary duties to its indirect clients.
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June 27, 2025
Puerto Rico Soccer League Slims Down FIFA Antitrust Lawsuit
A now-defunct Puerto Rican soccer league on Thursday filed a fourth amended complaint in its suit against FIFA, eliminating previously dismissed claims under the Racketeer Influenced Corrupt Organizations Act, as well as claims that had been put forward by an attorney disqualified from the antitrust case.
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June 27, 2025
Insurer Seeks End Of Golf Co.'s $3.1M Hurricane Claim
A property insurer for a golf course owner told a North Carolina federal court it should toss the owner's claims that the insurer failed to pay an additional $3.1 million in coverage for Hurricane Helene-related damage in bad faith, saying it failed to back up such claims with specific factual allegations.
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June 27, 2025
Jury Adds $30M More To Fleet Tech Co.'s Trade Theft Trial Win
An Illinois federal jury on Friday more than doubled the $28.9 million in damages it awarded a day earlier to a fleet management technology firm after finding a garbage truck manufacturer poached its former executive and capitalized on stolen trade secrets, slapping a $30 million punitive award atop the initial verdict.
Expert Analysis
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.