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Commercial Contracts
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July 31, 2025
Latham & Watkins Signs New Manhattan Office Lease
Latham & Watkins LLP expanded its presence in midtown Manhattan by signing a 12-year lease for 12,000 square feet on two whole floors in RXR's building at 1285 Avenue of the Americas, RXR announced Thursday.
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July 31, 2025
NC Homebuyer Says Mortgage Co. Sent Kickbacks To Broker
A homebuyer has accused a Raleigh, North Carolina, brokerage of taking kickbacks to refer borrowers exclusively to mortgage origination company CrossCountry Mortgage under a secret arrangement by executives of the two businesses, according to a complaint filed in federal court.
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July 31, 2025
4th Circ. Says Brokers Owe Atty Fees Over Case Removal Row
A unanimous Fourth Circuit panel has affirmed a South Carolina federal judge's order requiring several financial firms to pay more than $63,000 in legal fees for improperly trying to remove a securities class action to federal court for a second time, but said they don't have to pay additional fees to cover the cost of the appeal.
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July 31, 2025
PE Firm Risking Contempt, Receiver In Del. Over Legal Bills
Noting that unpaid legal bills might already support a contempt or limited receivership order against private equity 777 Partners, a Delaware magistrate in Chancery gave the company and its counsel a Monday deadline to report still-accumulating fee advancement debts.
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July 31, 2025
Witness' Use Of 'Fraud' Doesn't Cancel TV Sports Exec's Verdict
The First Circuit rejected arguments by a former executive at the cable channel for the Boston Red Sox and Boston Bruins that a witness' use of the word "fraud" and testimony about his lavish spending tainted the jury that convicted him of a fake invoice scheme.
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July 31, 2025
NC Judge Questions Barings' Bid For Ex-Employees' Emails
A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.
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July 31, 2025
Metal Singer Misused Band's Money, Fired Co-Founder Says
The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.
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July 31, 2025
Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing
The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.
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July 30, 2025
No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says
A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.
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July 30, 2025
State Farm Ordered To Pay $54.6M Over Vehicle Valuations
State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.
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July 30, 2025
Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk
Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.
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July 30, 2025
6th Circ. Unsure It Can Toss Papa John's Leaked Audio Suit
The Sixth Circuit grappled Wednesday with the fate of a lawsuit that the founder of Papa John's brought against a marketing agency alleging it leaked comments that led to his resignation, with one judge questioning the appellate court's jurisdiction to decide if a valid confidentiality agreement existed.
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July 30, 2025
Anesthesia Giant Keeps Poaching Claims In Antitrust Row
A New York federal judge refused Tuesday to nix counterclaims from North America's largest anesthesia provider, facing a Syracuse hospital's antitrust allegations, accusing the hospital of illegally recruiting away dozens of its clinicians and thus interfering with its employment agreements.
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July 30, 2025
Peru Docs Bid In Toll Road Project Feud Improper, Court Told
Asset manager Brookfield, law firm Cahill Gordon & Reindel LLP and Scotiabank are fighting efforts by Peru to force them to turn over documents in a feud stemming from an allegedly corrupt toll road project, arguing that the country is attempting an end-run around a previously unsuccessful petition.
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July 30, 2025
Software Co. Says Founder Can't Escape $9M Award
Software investment company The Resource Group International Ltd. on Monday asked a New York federal judge not to let its former chairman, Invisalign inventor Zia Chishti escape a $9 million arbitration award against him, arguing it's too late to challenge the judgment now that it's been confirmed by the court.
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July 30, 2025
Traders Say Sanctioned Firm Can't Swap Plaintiff In $2.5M Suit
A company facing trade sanctions cannot swap out another entity as a plaintiff in its suit targeting a crude oil sales firm's owners as it looks to collect $2.5 million based on an arbitral award, the owners have argued in Connecticut state and federal court.
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July 30, 2025
$1.6M UHC Reimbursement Suit Kicked Back To State Court
A lawsuit alleging that United Healthcare of North Carolina Inc. underpaid a hospital system by at least $1.6 million in reimbursements does not belong in federal court, a North Carolina federal judge ruled Monday.
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July 30, 2025
Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class
A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.
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July 30, 2025
Truist Triggered Employee Exodus, Not Ex-Execs, Court Told
Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.
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July 30, 2025
Judge Unsure Of Broad Liability Shield Theory In Fraud Suits
A Michigan federal judge on Wednesday pressed an attorney representing automation equipment manufacturers in fraudulent transfer suits on if their argument that their system of layered automated credit payments frees them from liability would allow every business to get around an act designed to prevent fraud in the construction industry.
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July 30, 2025
Atty Sues Leech Tishman Over Referral Amid Girardi Scandal
An attorney at Hunt Ortmann Palffy Nieves Darling & Mah Inc. has sued Leech Tishman Nelson Hardiman in California state court for allegedly refusing to pay her a $300,000 referral fee after she convinced her CEO father to hire the firm to represent him.
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July 29, 2025
Posner Wage Theft Claims Should Be Revived, 7th Circ. Told
A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.
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July 29, 2025
$32M Verdict Holds Up In Curaleaf Pot Farm Dispute
A Michigan federal judge on Tuesday said he was "waving goodbye" to a years-old case as he denied Curaleaf units' bid to unravel a $32 million verdict in favor of a marijuana farm that alleged the companies breached a sales contract, finding the jury had enough evidence to support its decisions.
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July 29, 2025
UnitedHealth Urges 6th Circ. To Affirm ERISA Preemption
UnitedHealth Group Inc. urged the Sixth Circuit to affirm the dismissal of a man's claims that UnitedHealth defrauded him into reimbursing the health insurance giant for $25,000, arguing that the Employee Retirement Income Security Act of 1974 completely preempts such claims brought under state law.
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
Expert Analysis
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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State Law Challenges In Enforcing Arbitration Clauses
In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.