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Commercial Contracts
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December 03, 2025
Chemours Monopolizing Refrigerant Market, Court Told
DuPont spinoff The Chemours Co. FC LLC is clutching on to monopolistic control of the refrigerant gas market in order to fend off a competitor's emerging gas reclamation business, the competitor's counsel told a North Carolina federal court in a Wednesday hearing.
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December 03, 2025
NY Judge Won't Nix Madagascar Plant Award
A New York federal judge has enforced an approximately $4 million arbitral award relating to a soured Madagascan power plant project, rejecting power developer Symbion and R.W. Chelsea Energie Ltd.'s assertions that the award should be nixed because the arbitrator allegedly disregarded key evidence.
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December 03, 2025
Seatrium Fights Maersk's Wind Farm Contract Termination
A Singapore-headquartered energy engineering company has initiated arbitration proceedings against a Maersk Offshore Wind affiliate over a terminated $475 million deal, saying it breached their contract for a turbine installation vessel at a wind farm project off the coast of New York.
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December 03, 2025
Hagens Berman Must Give Apple, Amazon Ethics Pros Docs
Hagens Berman Sobol Shapiro LLP must give Apple and Amazon all the communications it shared with outside ethics experts as the firm fought allegations that it hid a consumer plaintiff's desire to exit an antitrust case, a Washington federal judge has ruled.
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December 03, 2025
NuVasive Urges Del. Justices To Revive Officer Conflict Suit
A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.
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December 03, 2025
ITG Urges Del. Justices To Snuff $250M Reynolds Award
An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.
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December 03, 2025
UMB Bank Gets Partial Win In $80M Hard Rock Hotel Dispute
UMB Bank NA has been granted wins on some of its claims in a suit regarding a failed $80 million Hard Rock Hotel development project, with a Kansas federal court ruling that claims it did not properly reimburse the project developer's costs have already been decided in Minnesota court.
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December 03, 2025
Landlord Can't Nix $4M Jury Award Over Mugging, Shooting
A Florida appeals panel on Wednesday affirmed a $4 million judgment in favor of a renter who alleged that his landlord failed to protect him from a mugging in which he was shot four times, finding that the issue of whether the incident was foreseeable was properly put in front of a jury.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
Google Wants Justices To Pause Petition Pending Epic Deal
Google asked the U.S. Supreme Court to put its petition seeking review of the antitrust case from Epic Games over the distribution of apps on Android devices on hold while the district court considers a potential settlement.
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December 03, 2025
Ecuadorian Cocoa Co. Says Quebec Seller Must Arbitrate
An Ecuadorian cocoa supplier is asking a New York federal court to compel arbitration against a Quebecois chocolatier in a $2 million contract dispute, saying the Quebec company violated their contract by initiating litigation in its home province.
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December 02, 2025
NASCAR Tests Credibility Of Michael Jordan's Biz Partner
NASCAR on Tuesday sought to weaken the credibility of Michael Jordan's business partner, driver Denny Hamlin, with its attorney questioning whether Hamlin's public statements can be trusted following his court testimony that NASCAR forced him to paint a "rosy picture" of the league for fans.
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December 02, 2025
Canadian Court Blocks Binance's Hong Kong Arbitration Bid
A Canadian court has ordered Binance to stop pursuing arbitration in Hong Kong against two class representatives in litigation accusing the cryptocurrency exchange of illegally trading securities, pointing to an appeals court decision finding the arbitration agreement is unenforceable.
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December 02, 2025
Foxconn Ordered To Pay $8.45M Award Over Defective Phones
A Texas federal judge has enforced an arbitral award ordering major technology manufacturer Foxconn International Holdings to pay cellphone supplier Emblem Solutions $8.45 million in a dispute over allegedly defective phones.
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December 02, 2025
Crown Castle, Dish Spar Over Colo. Lease On Appeal
A Colorado appellate panel on Tuesday spent time drilling down on the wording of a lease agreement between Dish and several telecommunications infrastructure companies, with Crown Castle and others asking the panel to vacate a jury verdict in favor of Dish regarding its use of land and whether additional rent is owed.
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December 02, 2025
Cher Wins $187K In Royalties In Sonny Bono Estate Dispute
Actress and singer Cher was granted about $187,000 in royalties by a California federal judge who ruled that the money had been retained by her late ex-husband and one-time musical collaborator Sonny Bono's estate improperly.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
PennyMac Can't Shed 'Pay-To-Pay' Borrower Class Action
Residential mortgage servicer PennyMac Loan Services LLC can't shed a proposed class action alleging it unfairly charged borrowers "pay-to-pay" fees, a North Carolina federal judge has said, saying the servicer's assertion that it doesn't collect or receive the relevant fees is an issue for a later stage in the proceedings.
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December 02, 2025
Elliott Says Millions Lost To Oil And Gas Venture Overcharges
Elliott Investment Management LP has accused SRP Capital Advisors LLC and a principal of misappropriating "tens of millions" from Elliott and other investors in an alleged scheme that began to emerge after a books and records suit in Delaware's Court of Chancery earlier this year.
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December 02, 2025
Oberon Says UK REIT Owes $40M Fee For Assura Takeover
A New York investment bank accused a healthcare-focused U.K. real estate investment trust and an affiliate of owing more than $40 million after the bank found a real estate portfolio acquisition target for the REIT, in a suit filed Monday in New York federal court.
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December 02, 2025
Startup's Accent Translation Trade Secrets Suit Can Proceed
A California federal judge has denied a technology company's attempt to escape a suit alleging it stole trade secrets related to an accent translation technology from an artificial intelligence startup, saying the tech company's insistence that its rival did not make enough of an effort to defend the secrets does not make for grounds to dismiss the case at this time.
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December 02, 2025
Judge Combines Antitrust Suits Against Zillow, Redfin
A Virginia federal judge has consolidated two separate antitrust suits filed by the Federal Trade Commission and multiple states against property listing companies Zillow Group Inc., Zillow Inc. and Redfin Corp.
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December 01, 2025
Bristol-Myers Must Face Trimmed $6.7B Celgene Investor Suit
A Manhattan federal judge Monday trimmed UMB Bank's lawsuit accusing Bristol-Myers Squibb of slow-walking the U.S. Food and Drug Administration approval process for three drugs to avoid paying shareholders $6.7 billion owed from its 2019 acquisition of Celgene Corp.
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December 01, 2025
Teams Have Had To Fold Under NASCAR Monopoly, Jury Hears
NASCAR teams are so unprofitable under the current contract system that most have shuttered in the decade since its inception, driver and team owner Denny Hamlin told a North Carolina federal jury Monday on the first day of a highly anticipated antitrust trial against the private stock car racing organization.
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December 01, 2025
Silver Fern Chemical Tells Jury 3 Workers Stole Trade Secrets
Counsel for chemical distributor Silver Fern Chemical told a Seattle federal jury Monday that three of its salespeople cheated the company out of more than $7 million in revenue by taking confidential customer information to a rival business, kicking off what's expected to be a 12-day trial.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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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.