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Commercial Contracts
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September 25, 2025
Mich. Judge Backs $778M Judgment Against Auto Parts Mogul
A Michigan federal judge on Thursday said Alter Domus LLC can pursue a judgment against a Detroit-area businessman's trust in a decades-old dispute over a guaranty agreement, renewing the more than $770 million award to the administrative agent after determining it properly took over the case from JPMorgan Chase.
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September 25, 2025
Ukraine Oil Co. Fails To End Disclosure In $150M Award Fight
A Texas federal magistrate judge will not lift disclosure obligations on Ukraine's largest oil company as U.S.-based Carpatsky Petroleum Corp. looks to enforce a $150 million arbitral award against it, ruling that the documents being turned over continue to prove relevant to enforcement efforts.
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September 25, 2025
Biogas Co., Lender End Biz Battle Ahead Of Trial
On the eve of a trial, a biogas project developer and its lenders have ended their legal battle over the financing and control of renewable energy projects and also finalized a roughly $734,000 judgment against the developer and its principal.
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
CSX Says Biz Owner Rehashing Claims In Rail Crossing Suit
Railroad company CSX Transportation Inc. has asked a Pennsylvania federal court to permanently ax a local business owner's request for punitive damages amid a dispute over access to a railroad crossing, arguing the owner is repeating claims the court already rejected.
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September 25, 2025
Xerox Says Vendor Faked Equipment Leases, Paid Kickbacks
Xerox's financing arm says a Colorado company cost it nearly $2 million by paying kickbacks to induce its customers into fraudulent equipment leases, overbilling and lying about the deals.
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September 25, 2025
SmartLabs Accused Of Dodging Rent On Cambridge Lab
Boston-headquartered SmartLabs is facing a lawsuit over millions in unpaid rent owed to the landlord of one of its Cambridge facilities, according to a complaint filed in Massachusetts state court.
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September 25, 2025
Tribal Co. Sues Feds Over $2M Military Bridge Project Loss
A California tribal company is seeking more than $2 million in damages after it says the U.S. Air Force breached a contract for construction of a bridge by providing it with an incomplete engineering report and failing to gain timely environmental approvals for the project.
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September 25, 2025
European Commission Probing SAP Over Software Support
European enforcers have opened an investigation into concerns that German software giant SAP restricts the market for maintenance and support services for the company's business management software.
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September 25, 2025
Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial
Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
Ticketmaster, LA Sued For Sabotaging Kingston Trio Concerts
A concert promoter for the current iteration of the Kingston Trio has filed suit in California federal court, accusing the city of Los Angeles, the Greek Theater and Ticketmaster of sabotaging the folk and pop group's concerts in late 2024, including by making it hard for its older fan base to buy tickets.
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September 24, 2025
Investor Can't Escape $29M Arbitration Award, 11th Circ. Says
The Eleventh Circuit on Wednesday refused to overturn enforcement of a $28.7 million arbitral award issued in a dispute over a stock option agreement, saying the award debtor had agreed that the arbitrators would decide the dispute's proper venue despite not signing the underlying arbitration agreement.
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September 24, 2025
Atty & Ex-CEO Dodges Default Over Missed Court Hearing
The fired CEO of a Wyoming flavoring and aroma firm on Wednesday was ordered to reimburse the company $8,945 for missing a court hearing but escaped a default liability entry after telling a Connecticut state judge he was "not a very good lawyer" and "not a very good businessman."
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Arcturus Sues AbbVie, Capstan Alleging Trade Secret Theft
Arcturus Therapeutics Inc. has sued AbbVie and Capstan Therapeutics in California federal court, alleging Capstan used Arcturus' proprietary lipid nanoparticle technology to develop and patent competing drug delivery systems, which AbbVie later acquired in a $2.1 billion deal.
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September 24, 2025
Execs Breached Danish Deal In $2B Tax Case, Court Says
Three men claiming to be pension plan executives who struck a civil settlement with the Danish taxing authority over their role in a $2 billion tax fraud scheme breached their settlement agreement, a New York federal court found, saying the men had not paid back the amount they promised.
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September 24, 2025
Minn. Court Says Landlords Waive Evictions By Taking Rent
The Minnesota Supreme Court said Wednesday that landlords in the state can't evict public or private housing tenants for breaching their leases if the landlords knew about the specific lease violations when they accepted the tenants' rent payments, ruling against a Minneapolis property owner that had filed an eviction suit against a tenant.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 23, 2025
Attys Must Pay $24K For AI Citations In FIFA Antitrust Case
Counsel representing the now-shuttered Puerto Rico Soccer League in its antitrust suit against FIFA must pay more than $24,000 in attorney fees and litigation costs to the soccer federation and other defendants for filing briefs that appeared to contain errors hallucinated by artificial intelligence, a federal judge ruled Tuesday.
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September 23, 2025
Amazon Prime Trapped Consumers, FTC Tells Seattle Jury
Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.
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September 23, 2025
5th Circ. Clears Tugboat Firm In Barge Sinking Dispute
The Fifth Circuit on Monday said a lower court did not err in finding that a marine transportation services company wasn't liable for all claims arising from a June 2022 capsizing and sinking of a barge, saying that the barge's structure made it unseaworthy.
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September 23, 2025
DC Circ. Scraps OK Of $8.7M Equatorial Guinea Hospital Award
The D.C. Circuit Tuesday overturned enforcement of an $8.7 million arbitral award issued against Equatorial Guinea in a dispute over an ill-fated hospital operating contract, ruling that a lower court wrongly deferred to the arbitrators' interpretation of an ambiguous arbitration clause.
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September 23, 2025
Software Co. Says Seller Is Trying To Back Out Of Merger Deal
Software company Livefront LLC has sued in the Delaware Chancery Court to force through a stalled acquisition, accusing seller Zeal IT Consultants of trying to get out of an already agreed-upon deal.
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
Expert Analysis
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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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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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.