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Commercial Contracts
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August 12, 2025
Disney Accuses InterDigital Of Monopolizing Video Tech
Disney has launched an antitrust lawsuit in Delaware federal court accusing wireless technology company InterDigital Inc. of using its patents to create a monopoly on the market for technology necessary for streaming services.
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August 11, 2025
5th Circ. Backs Mexican Banks' Subpoena For Fraud Case
The Fifth Circuit on Monday refused to revive a Mexican businessman's motion to quash a subpoena stemming from major Mexican financial institutions' efforts to obtain discovery as they pursue claims that the businessman absconded with $32 million in loans, saying it detected "no error" in a lower court's denial.
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August 11, 2025
2nd Circ. Revives Hezbollah Terrorism Suit Against Bank
The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.
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August 11, 2025
Petroleum Marketer Sues Subtenant Over $11M Contract Breach
A petroleum marketer told a Texas federal judge that a gas station operator has used its purchase of several stores as an excuse to try to muscle through a new contract, saying the operator has caused at least $11 million in damages by breaching their existing contract.
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August 11, 2025
Aetna, CVS Want Lab's $21M Payment Suit Tossed For Good
Aetna and its parent company, CVS Health Corp., said a medical laboratory can't stand in the shoes of patients who were allegedly denied coverage by the insurer for lab tests, and they have asked a Connecticut federal judge to toss the lab's lawsuit for good.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
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August 11, 2025
Data Co. Asks DC Circ. To Revive $22M Guinea Award Bid
A data consulting company has again urged the D.C. Circuit to reverse a lower court order denying its bid to enforce a $22 million arbitral award against Guinea, saying the country wrongly wants the appeals court to ignore long-standing precedent and nix enforcement on jurisdictional grounds.
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August 11, 2025
Liberty Mutual Nabs FCPA Declination, Will Disgorge $4.7M
Liberty Mutual Insurance Co. will avoid prosecution under the Foreign Corrupt Practices Act and disgorge nearly $4.7 million over bribes paid by employees of its Indian subsidiary, the U.S. Department of Justice said Monday, in the first FCPA declination since President Donald Trump paused prosecutions under the law.
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August 11, 2025
Judge Upholds 99-Year Lease In Dispute At Miami Beach Hotel
A state court judge largely shot down an attempt by co-owners of a Miami Beach hotel to cancel an operator's 99-year lease, rejecting arguments that the agreement requires the property to be maintained in 1950s condition.
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August 11, 2025
4th Circ. Affirms $2M Insurer Car Crash Payout, Plus Interest
An excess insurer for a construction company must pay a woman and her two children its full $2 million limit after they suffered severe injuries in a head-on collision, the Fourth Circuit ruled, further finding the insurer must also pay both pre- and post-judgment interest.
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August 11, 2025
Colo. Basketball Coach Sues For $1M In Restaurant Stake Row
A Denver restaurant owner and operator owes a former investor and fellow high school basketball coach more than $1 million on an unpaid promissory note for relinquishing his ownership stake in the company, the investor has claimed in a lawsuit filed in state court.
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August 11, 2025
Posner Accuser Wants Roberts To Pick Judges For Wage Case
The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.
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August 11, 2025
Catching Up With Delaware's Chancery Court
Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.
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August 11, 2025
Legal Tech Co. Hits Back At Norton Rose With $15M Fraud Suit
Norton Rose Fulbright is facing a $15 million fraud suit in Illinois state court from a legal tech company claiming the firm made false promises to lure its founders to join its new Chicago office and offer its legal workflow product to clients, weeks after Norton Rose sued the company saying it deceived the firm and kept client files without authorization.
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August 11, 2025
White & Case Adds Ex-Chicago Prosecutor From Perkins Coie
White & Case LLP has grown its global litigation practice in Chicago with the addition of a longtime Perkins Coie LLP partner who previously was an assistant U.S. attorney in the city, the firm said Monday.
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August 11, 2025
Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit
A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.
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August 11, 2025
Fox Rothschild Attys Face Sanctions Bid Over Case Removal
An Illinois man who sued his alleged business partner and their New Jersey-based marketing company seeking to compel arbitration has moved for sanctions against the defendants and their Fox Rothschild counsel, accusing them of frivolously removing the suit to federal court to delay proceedings.
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August 11, 2025
Insurer Says $50M Zoning Suit Loss Is Outside Policy Period
An insurer asked a Michigan federal judge to declare it has no obligation to cover a $50 million judgment against a township, arguing the damages that stem from the township's unconstitutional zoning restrictions that a group of wineries had challenged fall outside the policy.
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August 11, 2025
Feds, Wind Farm Backers Cross Swords Over Permitting Halt
The U.S. government and opponents of the Trump administration's halt of wind farm project reviews have made their cases to a Massachusetts federal judge as to why they should prevail in litigation challenging the legality of the moratorium.
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August 11, 2025
Investors Sue CTO Realty Over Alleged Dividend Deception
A proposed class of shareholders in retail-focused real estate investment trust CTO Realty Growth Inc. filed a lawsuit in Florida federal court claiming the REIT misled them about its financial metrics, the sustainability of dividends and the profitability of an Atlanta mixed-use community.
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August 08, 2025
Plane Kit Buyer Accuses Aircraft Co. Owner Of 'Ponzi-like' Plot
A prospective aircraft owner who paid Veloce Planes LLC more than $300,000 for an experimental kit plane has accused the company's president of failing to deliver on their contract and instead rerouting his money to another project in a "Ponzi-like" scheme.
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August 08, 2025
Ark. Farmers Say Okla. Pollution Plan Violates State Sovereignty
The Arkansas Farm Bureau Federation and two cattle ranchers are urging a federal court in Oklahoma to reject the state's $103 million solution to end a long-running legal fight against poultry producers, including Tysons Foods Inc., for polluting the Illinois River Watershed, saying Oklahoma's proposed limits on fertilizer derived from chicken waste would violate Arkansas' sovereignty.
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August 08, 2025
Wash. Justices Won't Touch Builder Seattle Condo Tower Win
The Washington State Supreme Court will not take up a case involving a $19.2 million jury trial verdict for a construction company in a dispute with the owner and developer of a 41-story Seattle condo tower project, according to recent filings.
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August 08, 2025
Denver Broncos Say Coffee Co. Used IP Despite Owing $1.5M
The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team's intellectual property to sell products even though it owed the team over $1.5 million.
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August 08, 2025
Boeing Supplier, Investors Reach $29M Deal In 737 Max Suit
Spirit AeroSystems Holdings Inc. reached a $29 million settlement with investors, seeking to resolve a lawsuit accusing the company of failing to disclose pervasive quality problems and a history of supplying its chief customer, The Boeing Co., with defective plane parts.
Expert Analysis
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.