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Commercial Contracts
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December 15, 2025
Telecom Says It Was Upcharged 864 Times For Fiber Install
An Iowa-based telecom has accused a Lumen unit of trying to balloon a nearly $300,000 job to $257 million by forcing it to pay per foot for each of the 864 "hair-width glass fiber strands" in a single cable that will be pulled through 50-plus miles of tunnel under Phoenix.
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December 15, 2025
Microsoft Seeks To Exit ChatGPT Users' OpenAI Antitrust Suit
Microsoft has slammed a proposed class action accusing the company of bullying OpenAI into a cloud computing deal as devoid of fact and economic sense in two motions filed in California federal court, saying the plaintiffs, ChatGPT subscribers, are trying to dodge an arbitration clause in the chatbot developer's user terms.
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December 15, 2025
Walmart Adds To Visa, Mastercard Swipe-Fee Deal Objections
Walmart has become the latest retailer to object to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the class plaintiffs and counsel have "sold out their fellow class members."
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December 15, 2025
Del. Justices Put ITG On Hook For $250M Reynolds Settlement
Delaware's Supreme Court stubbed out an eight-year ITG Brands LLC legal battle to avoid paying R.J. Reynolds more than $250 million to cover health-related settlement payments to Florida after ITG's acquisition of four of the cigarette company's brands, according to a ruling issued Monday.
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December 15, 2025
Pa. Nursing Home Can't Arbitrate Sex Assault Suit, Panel Says
The Pennsylvania Superior Court on Monday rejected a bid to arbitrate a suit accusing a nursing home of causing a patient's sexual assault, rejecting the home's "unsubstantiated assertion" that she signed an arbitration agreement upon admittance.
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December 15, 2025
Property Investor Says Florida Real Estate Broker Stole $121M
A Florida rental properly investor accused a real estate broker in state court of misappropriating more than $121 million intended as investment distributions, saying she used her position as manager of several companies to divert the funds to her own accounts.
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December 15, 2025
DOJ Raises Accreditation Concerns In Vet School Case
The U.S. Department of Justice waded into a Tennessee veterinary school's antitrust case challenging the American Veterinary Medical Association's accreditation requirements, raising concerns about the risk posed by professional groups that play gatekeeping functions.
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December 15, 2025
Colo. Agriculture Co. Says Firms' Malpractice Cost It $12M
A Colorado agricultural manufacturer has filed a malpractice lawsuit in state court against a pair of Denver law firms and an attorney, alleging they mishandled their representation of the manufacturer in a derivative action that cost the company more than $12 million.
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December 15, 2025
FTC Joined By 21 States In Accusing Uber Of Deception
Twenty-one states joined the Federal Trade Commission on Monday in a California federal lawsuit accusing Uber of enrolling consumers into its paid subscription service without consent and keeping them in a "loop" of obstacles that deter or prevent cancellations.
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December 15, 2025
Insurer Denies Coverage For Car Shop's Customer Suit
An insurer told a California federal court it had no duty to defend a car conversion business from a suit alleging it wrongfully used a customer's car in advertisements, explaining that the claims did not fall under the specified ad injury coverage.
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December 15, 2025
11th Circ. Rejects ESOP Managers' Individual Arbitration Push
The Eleventh Circuit on Monday backed a court's decision to keep a lawsuit in Georgia federal court alleging a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, holding that an arbitration provision was unenforceable because it blocked rights under federal benefits law.
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December 15, 2025
Midwest Businesses Drop Trash-Fee Collection Scheme Suit
Michigan, Ohio and Indiana-based businesses agreed Monday to drop their claims that waste disposal companies breached contracts by charging tens of millions of dollars in excess trash collection fees.
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December 15, 2025
Inventor's Bid To Dodge $214K Sanction Fails At High Court
The U.S. Supreme Court on Monday declined to take on an inventor's request to escape an order from an Ohio federal court that sanctioned him $214,000 for bad faith litigation, which was approved by the Federal Circuit.
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December 12, 2025
Google To Face Publishers' Class Claims Over AdX Exchange
A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.
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December 12, 2025
Guatemala Must Pay $32M Awards, Court Rules
A D.C. federal judge on Friday enforced some $32 million in arbitral awards owed by Guatemala to a highway contractor, rejecting the country's arguments that the dispute belongs in its domestic courts or that it should be put on hold while related proceedings in the country play out.
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December 12, 2025
NC Justices Won't Revive Developer's Fraud Suit
North Carolina's highest court sided with two real estate companies against a suit filed by their former partner on a multifamily redevelopment project, ruling on Friday that the businesses were contractually allowed to boot the plaintiff from the project's company.
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December 12, 2025
Hollywood Director Convicted Of $11M Fraud Against Netflix
Film and television director Carl Erik Rinsch was convicted on charges he defrauded Netflix out of $11 million secured to make a sci-fi television show he never delivered, according to the U.S. Attorney's Office for the Southern District of New York.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
Wrong Metric Created $2 Valuation, Chancery Suit Says
A former equity holder in a nutrition services business has sued in Delaware Chancery Court seeking to unwind what it calls a sham $2 repurchase of its ownership interest and to force payment of a separate $2 million deferred purchase price, arguing that the business disregarded contractually mandated valuation mechanics to engineer a zero-value outcome.
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December 12, 2025
NC Justices Won't Let Tech Parent Co. Exit Fraud Case
North Carolina's highest court refused Friday to free the parent company of a security technology business and one of its executives from a lawsuit alleging they conspired to devalue the majority member's stake and funnel assets out of reach.
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December 12, 2025
Chancery Issues Rare Redemption Order In Congo Dispute
A rare Court of Chancery battle over control of a sprawling palm oil plantation enterprise along Africa's Congo River has produced an equally rare court order for "redemptions in kind," or an unwinding and separation from an investor who led what the court described as a multi-faceted enterprise "coup."
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December 12, 2025
Judge Orders Fastener Co. To Pay $17K For Misleading Ads
A Philadelphia federal judge permanently barred industrial fastener company Peninsula Components Inc. from using a competitor's trademark "PEM" product name in its online ads, and ordered it to pay $17,866 in damages.
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December 12, 2025
U.S. Steel Can Arbitrate $22M Canadian Contract Spat
Canadian steelmaker Algoma Steel Inc. must arbitrate its bid to break off its contract for buying iron ore from U.S. Steel Corp., since the contract contains a clause bringing all disputes to an arbitrator in Pittsburgh, a federal judge ruled Friday.
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December 12, 2025
Caterpillar Dealer Ex-Worker Files 401(k) Fee Suit In Fla.
An ex-worker for a dealer of Caterpillar construction equipment in Florida hit his former employer with a proposed class action in federal court alleging his employee 401(k) plan paid excessive fees, breaching fiduciary duties under federal benefits law.
Expert Analysis
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Tracking The Evolving Legal Landscape Of Music Festivals
The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Reddit v. Anthropic Is A Defining Moment In The AI Data Race
The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.