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Commercial Contracts
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November 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's top court issued a flurry of rulings last week and heard arguments on recently passed legislation that expanded liability shields for some corporate acts while the Court of Chancery passed on another round of arguments over control of Caribbean broadcaster Caribevision.
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November 10, 2025
Justices Won't Review Iraq's Immunity In $120M Contract Suit
The U.S. Supreme Court on Monday declined to review an overturned $120 million judgment that a Pennsylvania defense contractor secured against Iraq for the country's failure to pay for salvaging military equipment after the fall of Saddam Hussein's government.
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November 10, 2025
Justices Won't Hear Serta Simmons Ch. 11 Plan Challenge
The U.S. Supreme Court declined Monday to take up a challenge by Serta Simmons lenders to a Fifth Circuit ruling last year that rejected the mattress maker's controversial "uptier" debt exchange, choosing not to consider whether the appellate court erred in altering Serta's Chapter 11 plan without allowing a new vote on it.
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November 10, 2025
Justices Won't Wade Into Jurisdiction Question In Fee Dispute
The U.S. Supreme Court on Monday opted against taking up a dispute over an $829,000 award in favor of a satellite technology company that tested how far federal court jurisdiction extends to state law causes of action.
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November 07, 2025
Ex-Exec Of Cannabis Co. Wins $104M Over Canceled Stock
A New Mexico jury has awarded over $104 million to a businessman it found was wrongly stripped of his 5 million shares of bankrupt cannabis processor Bright Green after a handshake deal to bring him on as CEO fell apart.
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November 07, 2025
Bojangles Not Covered In NC Sex Abuse Suit, Insurer Says
Fried chicken fast-food chain Bojangles and one of its largest franchisees are not entitled to defense coverage in an underlying civil suit alleging a restaurant manager sexually groomed and abused two minor employees in North Carolina, their insurance company said Friday.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
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November 07, 2025
Telecom Co. Held In Contempt Over Docs In Tower Dispute
A New York federal judge found telecommunications tower company DT Holdings Inc. in contempt this week for failing to produce documents related to a Guatemalan court fight that resulted in the seizure of 163 towers worth more than $20 million.
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November 07, 2025
Ex-CFO Convicted Of Bilking Startup To Fund Fintech Co.
A Seattle federal jury convicted a software startup's former executive of wire fraud on Friday, after prosecutors accused him of siphoning $35 million in company funds into his personal fintech project and then losing the money in a cryptocurrency collapse weeks later.
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November 07, 2025
Curaleaf Asks 6th Circ. To Set Aside $32M Pot Farm Verdict
Cannabis giant Curaleaf on Thursday urged the Sixth Circuit to overturn an almost $32 million verdict over claims that two of its subsidiaries breached their contract with a cannabis farm, claiming the contract was unenforceable because of marijuana's federal illegality.
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November 07, 2025
Merck Wins PTAB Fight Over Blockbuster Drug, Again
Another cancer treatment patent owned by Johns Hopkins University and challenged by a Merck & Co. Inc. subsidiary didn't pass muster with the Patent Trial and Appeal Board, which on Thursday invalidated seven claims in the patent that's at issue in a disagreement between the parties.
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November 07, 2025
Fla. Atty Missed $36K Fee Deadline Over AI Use, Execs Say
A Canadian lawyer and a former executive for a Canadian electronics company have asked a Florida federal court to compel a sanctioned attorney to pony up $36,663 in fees imposed over artifical intelligence-hallucinated case citations he included in filings in now-dismissed federal suits, after he missed a 90-day deadline to pay.
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November 07, 2025
Construction Co. Escapes $1.7M Conn. Housing Project Suit
A Connecticut federal judge has sided with a construction services company that was accused in a more than $1.7 million dispute of violating wood frame materials and laborer agreements for a New Haven housing development project.
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November 07, 2025
Beauty Co. Says Ex-Exec's $40M Claim 'Implausible'
The former president of a Connecticut beauty brand that L'Oréal bought for around $1 billion has made an "implausible" claim that she is owed $40 million from the sale based on an alleged verbal contract, the company said in opposing her application for a prejudgment remedy.
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November 07, 2025
PulteGroup Says Developer Breached $40M NC Land Deal
A PulteGroup Inc. subsidiary said a landowner breached an over $40 million contract for fully developed land in a North Carolina residential housing subdivision after missing development milestones, according to a lawsuit designated to North Carolina Business Court.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 07, 2025
Gov't Contractor Says Nuclear Lid Co.'s Drawings Not Secrets
A defense contractor has asked a North Carolina federal judge to toss a suit accusing it of using one company's design drawings for replacement container lids to award an Army purchase order to a rival, arguing that no trade secrets were involved or misused.
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November 07, 2025
Pot Biz Owner Can't Nix Atty Brother's $18.3M Contract Suit
A Michigan state judge won't let a man throw out a suit from his brother, an attorney, alleging that the man didn't pay up on an $18.3 million agreement to buy out his portion of a cannabis business.
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November 07, 2025
Panel Denies Vik's $11.5M Fee Bid In Deutsche Bank Dispute
Billionaire Alexander Vik and his company are not entitled to collect more than $11.5 million in attorney fees after beating Deutsche Bank in a long-running lawsuit over unpaid margin calls, a Connecticut appellate panel ruled Friday.
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November 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Big Technologies file fresh claims against its ousted chief executive, West Ham United FC sue Arthur J. Gallagher Insurance for breach of duty, and RSM UK face a new claim over a company's administration. Here, Law360 looks at these and other new claims in the U.K.
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November 06, 2025
Software Co. Can Bar Ex-Founder's Money Transfers For Now
A software investment company has for now won its bid asking a New York federal judge to bar its former chairman, Invisalign inventor Zia Chishti, from trying to transfer his only remaining money out of the United States to avoid a $9 million arbitral award against him.
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November 06, 2025
Guns N' Roses Has Appetite For Blocking Memoir, Suit Says
The former manager of rock band Guns N' Roses filed a lawsuit in Arizona federal court Wednesday accusing it of trying to stop the release of his autobiography and intimidating his publisher into withholding its release, resulting in lost sales and cancellation of advanced orders of his book.
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November 06, 2025
T-Mobile Fairly Canceled $27M In Phone Orders, 9th Circ. Says
The Ninth Circuit isn't going to disturb a ruling tossing out a cellphone manufacturer's $27 million lawsuit against T-Mobile accusing it of reneging on purchase orders, after finding that the mobile behemoth had the right to unilaterally end their agreement.
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November 06, 2025
Insurer Says No Defense For Dog Care Co. In Suits, AG Probe
A dog training and grooming business's insurer told a Washington federal court it should owe no coverage for two cases and a civil investigative demand from the state attorney general's office relating to customers' purchase of service dogs and the business's employment practices, pointing to a raft of exclusions.
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November 06, 2025
Colo. Judge Declines To Throw Out Pot Info Sharing Suit
A federal judge rejected Thursday a Colorado cannabis retailer's and competitor Curaleaf Inc.'s former operations director's bids to throw out the breach of contract claims against them, where Curaleaf and a subsidiary say the director shared confidential information with a onetime business partner.
Expert Analysis
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.