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Commercial Contracts
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December 11, 2025
NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project
A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.
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December 11, 2025
Texas Business Group CEO Resigns After Sexual Assault Suit
The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances.
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December 11, 2025
Disney Cuts $1B OpenAI Licensing Deal Amid Google IP Clash
The Walt Disney Co. has cut a $1 billion investment deal with OpenAI to become OpenAI's first major content licensing partner on its generative AI video-platform Sora, the companies announced Thursday, a day after Disney sent Google a cease-and-desist letter accusing Google's AI tools of "massive infringement."
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December 11, 2025
Suit Over DraftKings' Voided Bets Advances With Class Cert.
An Indiana federal judge has certified a class of 99 bettors who were denied payouts when DraftKings canceled their successful wagers on an NBA game, pushing forward a suit over the online betting giant's administration of its house rules.
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December 11, 2025
Josh Cellars President Denied Early Win In $4M Royalty Feud
The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.
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December 11, 2025
NJ Cannabis Co. Challenges Law Requiring Deal With Unions
A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.
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December 11, 2025
Offshore Lease Sales Net $279M With Chevron, BP, Shell Bids
The Trump administration wrapped up the first in a series of offshore oil and gas lease sales in the Gulf of Mexico under a July tax cut and spending bill, with Chevron, BP and Shell joining in the bidding process.
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December 11, 2025
Willkie Hires 2nd Jones Day Partner In 2 Weeks In DC
Another member of the Jones Day litigation team who represented Boeing in its contract suit over production issues for fighter jet parts has joined Willkie Farr & Gallagher LLP's Washington, D.C., office as a partner, making him the second in as many weeks to make the move.
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December 11, 2025
FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks
As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.
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December 11, 2025
NASCAR Inks Midtrial Antitrust Deal With Teams
NASCAR has agreed to give its race teams permanent contracts as part of an otherwise confidential settlement that cut short a high-profile antitrust trial in which two teams — including one owned by retired NBA star Michael Jordan — accused it of illegally maintaining a monopoly on premier stock car racing.
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December 10, 2025
Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.
Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."
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December 10, 2025
Feds Drop 2 FIFA Bribery Cases Despite Appellate Win
Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.
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December 10, 2025
Boardwalk Pipeline Case Sees Partial Reversal
The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.
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December 10, 2025
Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles
Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.
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December 10, 2025
Ex-Software CEO Asks Delaware Justices To Revive $20M Claim
The former CEO of a software company asked a Delaware Supreme Court panel on Wednesday to revive his $20 million claim against London investment firm 3i Group PLC, arguing that a lower court misread Texas venue rulings and Delaware's tolling law.
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December 10, 2025
4th Circ. Hints $166M Fight Could Create Circuit Split
In questioning counsel for an insolvent Dutch insurance company trying to confirm a $166 million arbitral award against convicted insurance mogul Greg Lindberg, two Fourth Circuit judges quipped the insurer likely wants to avoid a circuit split over interpreting the Federal Arbitration Act and keep the case out of the U.S. Supreme Court.
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December 10, 2025
Trans Woman Sues Hilton Over Security Guard Sex Assault
A transgender woman is suing Hilton Worldwide Holdings Inc. and its affiliates in Texas state court, alleging she was sexually assaulted by a security guard who later used hotel records to find her phone number and send unwanted, sexually explicit videos.
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December 10, 2025
Capital One, Influencers Seek OK For Commissions Deal
Financial services giant Capital One has pledged to pay influencers commissions, plus up to nearly $4 million in attorney fees and costs, and make changes to its online shopping browser extension to settle claims that it siphoned commissions away from influencer participants in its affiliate marketing program.
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December 10, 2025
Nursing Home Owners Defrauded Medicaid For Years, NJ Says
The owners of two New Jersey nursing homes diverted nearly $100 million in Medicaid funds to themselves while intentionally understaffing the facilities and neglecting the residents, according to a state comptroller report released Wednesday that called for more scrutiny of for-profit residential care facility operators.
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December 10, 2025
Court Asks If Morgan Stanley Liable In Alleged $250M Scheme
A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.
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December 10, 2025
Judge Denies Bid To Halt Discovery In Refugee Ban Suit
A Washington federal judge has denied the Trump administration's request to halt discovery in a lawsuit challenging its suspension of refugee admissions and resettlement funding ahead of a forthcoming Ninth Circuit ruling on court orders that temporarily blocked its actions.
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December 10, 2025
Calif. Bar Exam Proctor Fights To Dismiss Class Claims
The company that proctored the fraught California Bar Exam in February wants to end a proposed class action brought by test-takers claiming they are owed monetary relief for funds they spent on the exam, which was rife with technical errors, though both sides have indicated they are open to a settlement agreement.
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December 10, 2025
Del. Justices Probe Charter Defense Rights In VoiP Fight
A Delaware Supreme Court panel on Wednesday pressed an attorney for Charter Communications Holding on the company's obligation to provide notice that a supplier's patents — and its duty to defend — were entangled in a Sprint Communication infringement suit against Charter and affiliates.
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December 10, 2025
Justices Chew Over 'Close' Case On Fund Contract Disputes
The U.S. Supreme Court on Wednesday waffled over whether there was a private right to sue to void contracts that allegedly violate the Investment Company Act, with Justice Brett Kavanaugh saying that a decision on the case involving an activist investor's voting rights would be "extremely close."
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December 10, 2025
Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals
A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.
Expert Analysis
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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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.