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Commercial Contracts
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December 11, 2025
Josh Cellars President Denied Early Win In $4M Royalty Feud
The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.
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December 11, 2025
NJ Cannabis Co. Challenges Law Requiring Deal With Unions
A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.
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December 11, 2025
Offshore Lease Sales Net $279M With Chevron, BP, Shell Bids
The Trump administration wrapped up the first in a series of offshore oil and gas lease sales in the Gulf of Mexico under a July tax cut and spending bill, with Chevron, BP and Shell joining in the bidding process.
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December 11, 2025
Willkie Hires 2nd Jones Day Partner In 2 Weeks In DC
Another member of the Jones Day litigation team who represented Boeing in its contract suit over production issues for fighter jet parts has joined Willkie Farr & Gallagher LLP's Washington, D.C., office as a partner, making him the second in as many weeks to make the move.
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December 11, 2025
FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks
As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.
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December 11, 2025
NASCAR Inks Midtrial Antitrust Deal With Teams
NASCAR has agreed to give its race teams permanent contracts as part of an otherwise confidential settlement that cut short a high-profile antitrust trial in which two teams — including one owned by retired NBA star Michael Jordan — accused it of illegally maintaining a monopoly on premier stock car racing.
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December 10, 2025
Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.
Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."
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December 10, 2025
Feds Drop 2 FIFA Bribery Cases Despite Appellate Win
Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.
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December 10, 2025
Boardwalk Pipeline Case Sees Partial Reversal
The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.
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December 10, 2025
Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles
Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.
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December 10, 2025
Ex-Software CEO Asks Delaware Justices To Revive $20M Claim
The former CEO of a software company asked a Delaware Supreme Court panel on Wednesday to revive his $20 million claim against London investment firm 3i Group PLC, arguing that a lower court misread Texas venue rulings and Delaware's tolling law.
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December 10, 2025
4th Circ. Hints $166M Fight Could Create Circuit Split
In questioning counsel for an insolvent Dutch insurance company trying to confirm a $166 million arbitral award against convicted insurance mogul Greg Lindberg, two Fourth Circuit judges quipped the insurer likely wants to avoid a circuit split over interpreting the Federal Arbitration Act and keep the case out of the U.S. Supreme Court.
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December 10, 2025
Trans Woman Sues Hilton Over Security Guard Sex Assault
A transgender woman is suing Hilton Worldwide Holdings Inc. and its affiliates in Texas state court, alleging she was sexually assaulted by a security guard who later used hotel records to find her phone number and send unwanted, sexually explicit videos.
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December 10, 2025
Capital One, Influencers Seek OK For Commissions Deal
Financial services giant Capital One has pledged to pay influencers commissions, plus up to nearly $4 million in attorney fees and costs, and make changes to its online shopping browser extension to settle claims that it siphoned commissions away from influencer participants in its affiliate marketing program.
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December 10, 2025
Nursing Home Owners Defrauded Medicaid For Years, NJ Says
The owners of two New Jersey nursing homes diverted nearly $100 million in Medicaid funds to themselves while intentionally understaffing the facilities and neglecting the residents, according to a state comptroller report released Wednesday that called for more scrutiny of for-profit residential care facility operators.
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December 10, 2025
Court Asks If Morgan Stanley Liable In Alleged $250M Scheme
A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.
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December 10, 2025
Judge Denies Bid To Halt Discovery In Refugee Ban Suit
A Washington federal judge has denied the Trump administration's request to halt discovery in a lawsuit challenging its suspension of refugee admissions and resettlement funding ahead of a forthcoming Ninth Circuit ruling on court orders that temporarily blocked its actions.
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December 10, 2025
Calif. Bar Exam Proctor Fights To Dismiss Class Claims
The company that proctored the fraught California Bar Exam in February wants to end a proposed class action brought by test-takers claiming they are owed monetary relief for funds they spent on the exam, which was rife with technical errors, though both sides have indicated they are open to a settlement agreement.
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December 10, 2025
Del. Justices Probe Charter Defense Rights In VoiP Fight
A Delaware Supreme Court panel on Wednesday pressed an attorney for Charter Communications Holding on the company's obligation to provide notice that a supplier's patents — and its duty to defend — were entangled in a Sprint Communication infringement suit against Charter and affiliates.
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December 10, 2025
Justices Chew Over 'Close' Case On Fund Contract Disputes
The U.S. Supreme Court on Wednesday waffled over whether there was a private right to sue to void contracts that allegedly violate the Investment Company Act, with Justice Brett Kavanaugh saying that a decision on the case involving an activist investor's voting rights would be "extremely close."
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December 10, 2025
Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals
A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.
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December 09, 2025
'Stop Asking Questions': NASCAR Leaks Team's Finances
NASCAR blindsided a former race car driver Tuesday in its antitrust trial by exposing his team's financial data to the jury despite an alleged nondisclosure agreement, provoking a cascade of objections from the opposition and a reproach from the bench.
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December 09, 2025
States Ask Justices To Curtail Federal Trucking Law Shield
Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.
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December 09, 2025
Uber May Win Sanctions On Atty Who Disclosed MDL Docs
A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.
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December 09, 2025
Path Cleared For Turkish Contractor To Seize Libyan Assets
A D.C. federal court has ruled that a Turkish construction company may proceed with attaching Libyan government assets in the United States to satisfy an approximately $30 million judgment, finding that enough time has passed without a response from the country since the decision was entered.
Expert Analysis
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.