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Commercial Contracts
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November 14, 2025
Photographer Sues Gilead For Continued Use Of Ad Images
A photographer sued Gilead Sciences Inc., claiming the pharmaceutical giant had used a set of images he'd taken for an advertisement series long after it knew its license for the photos expired.
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
Texas Court Says Landowner Doesn't Have To Sell $22M Plot
A Texas Business Court judge ruled that a landowner doesn't have to go forward with a previously planned $22.5 million sale of 20.8 acres of land because the buyer terminated the deal.
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November 13, 2025
Wash. Court Upholds Pot Shop's $1.4M Win In Fraud Case
A Washington state cannabis entrepreneur and his associates must pay every bit of a $2.6 million judgment over claims he siphoned profits from a marijuana dispensary he was contracted to manage, a state appellate court ruled Wednesday, finding no fault with the bench trial and rejecting challenges to the plaintiff's forensic accounting expert.
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November 13, 2025
Contract 'Mystifies' Judge Weighing Ammo Tech Secrets Suit
A North Carolina Business Court judge appeared mildly vexed at the terms of an employment contract underpinning an ammunition technology trade secrets suit, acknowledging in a Thursday hearing that "it's not the best worded contract in the history of the world."
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November 13, 2025
Deutsche Bank Denies Forum Shopping In Norway Vik Suit
Deutsche Bank AG pushed back Thursday against an allegation that its lawsuit targeting billionaire Alexander Vik and his daughter in Norway is an "egregious exercise of international forum shopping," urging a Connecticut state court not to order an end to the foreign litigation arising from an asset sale.
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November 13, 2025
Wachtell-Led Pfizer Closes Metsera Deal Worth Up To $10B
Pfizer Inc. said Thursday that it has successfully completed its acquisition of Metsera Inc., securing the obesity drug developer after a tumultuous bidding war with Novo Nordisk and court fights that redirected the deal in Pfizer's favor.
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November 13, 2025
Insurers Say No Coverage For Conn. Quarry Closure Dispute
A pair of Allied World insurers said they don't owe coverage to East Haven, Connecticut, for a dispute over the politically motivated shutdown of a local quarry, telling a federal court that their duty to defend under the policies was never triggered.
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November 13, 2025
Virtua, Trinity Health Reach Deal Over $12M Legal Bill
Virtua Health Inc. has reached a deal to settle its claims that Trinity Health Corp. backed out of an agreement to cover $12 million in counsel fees and costs incurred in a legal fight with a rival healthcare system, according to a New Jersey federal court order dismissing the suit with prejudice.
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November 12, 2025
11th Circ. Grounds DOT's Delta, Aeromexico JV Split Order
The Eleventh Circuit Wednesday halted the U.S. Department of Transportation's order directing Delta Air Lines and Aeroméxico to scuttle their joint venture by Jan. 1, while the airlines pursue their petition asking the appellate court to void the government's order.
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November 12, 2025
Construction Co. Seeks Exit From $22M Barn Fire Suit
A construction company facing an insurer's $22.4 million subrogation action over a poultry barn fire said the insurer can't support its causation theory, telling a Nebraska federal court Wednesday "a choice of possibilities is insufficient to raise a triable issue to a jury" under state law.
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November 12, 2025
Adult Webcam Owner Says Illegal Thailand Studio Cost $1.5M
A Florida adult webcam operator moved his family to Thailand and spent hundreds of thousands of dollars setting up a studio only to learn that production in the country is illegal, his business claims in a lawsuit against the streaming platform that it says encouraged the plan.
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November 12, 2025
Colo. Hemp Farmers' Subpoena 'Premature' In $200M Suit
A Colorado federal judge quashed two hemp growers' subpoena against a state solar company Wednesday and similarly shot down their attempt to force another solar company to produce certain documents in their lawsuit alleging that the company caused $200 million in crop damage while constructing a solar panel project.
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November 12, 2025
Sandoz Tells 3rd Circ. To Restore Full $137M Win Over UTC
Sandoz Inc. and its marketing firm RareGen LLC urged a Third Circuit panel on Wednesday to reinstate the full $137.2 million awarded in breach of contract damages against United Therapeutics Corp., claiming a lower court's decision to halve the damages provided a windfall to their adversary.
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November 12, 2025
NASCAR Can't Oust Teams' Damages Expert In Antitrust Trial
NASCAR can't block a damages expert from testifying at trial about potentially hundreds of millions of dollars in losses supposedly suffered by two teams suing the stock car racing company for alleged antitrust violations, a North Carolina federal judge ruled Wednesday.
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November 12, 2025
Judge Confirms $620K Award In Radiology Contract Dispute
A Georgia federal judge on Wednesday upheld a $620,000 arbitration award in favor of an Indian teleradiology company against a radiology provider, rejecting the latter's bid to vacate the decision by claiming an arbitrator misinterpreted their long-standing services agreement.
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November 12, 2025
King & Spalding Helps Atlanta Land Pro Women's Soccer Club
Atlanta will become the latest city to claim its own National Women's Soccer League team with the award of a new franchise Tuesday to the sports empire helmed by Home Depot co-founder Arthur Blank, in a deal guided on the team's side by King & Spalding LLP.
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November 12, 2025
4th Circ. Sides With Father-Son Duo In Equity Fight
A company that makes elevated stairs on Wednesday lost its appeal at the Fourth Circuit following various rulings against it in a suit it lodged against its co-founder and his son over a soured business venture involving the design of the business's sole product.
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November 12, 2025
Federal Judge Says Lack Of English Can't Undo $5.3M Award
A Florida federal judge on Wednesday recommended that a $5.3 million arbitration award against an Illinois sugar company be granted in a contract breach case, finding that its previous counsel's ineffective representation due to his improper English wasn't sufficient to undo the award.
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November 12, 2025
9th Circ. Says Finance Guru Ramsey Can't Arbitrate Fraud Suit
A Ninth Circuit panel rejected celebrity financial planner Dave Ramsey's bid to force arbitration in a proposed class action accusing him of roping radio show listeners into a timeshare exit scheme, concluding Wednesday the suit isn't tied to the consumers' contract with Reed Hein & Associates.
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November 12, 2025
Marathon Prevails In Texas Business Court Gas Contract Trial
A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.
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November 12, 2025
Conn. Judge Won't Stop Deutsche Bank's Vik Suit In Norway
A Connecticut federal judge declined Wednesday to put an end to litigation that Deutsche Bank AG brought against billionaire Alexander Vik and his daughter in Norway, deferring instead to a state court judge who is considering the same request.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Disney, ESPN Move To Nix Trade Secret Suit Over Sports App
Disney and ESPN asked a New York federal judge Friday to end a tech startup's trade secrets misappropriation suit accusing them of using confidential information to launch a rivaling sports aggregation app that curates game-viewing options, arguing the parties' nondisclosure agreement doesn't prohibit them from independently developing similar products.
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November 10, 2025
NJ Panel Revives Compensation Case In $95M Real Estate Deal
A New Jersey appellate panel revived a dispute Monday over whether a Manhattan real estate executive was fully compensated for his work on a $95 million redevelopment project, ruling that a trial judge wrongly granted summary judgment despite ambiguities in the parties' complex profit-sharing agreement.
Expert Analysis
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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.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.