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Commercial Contracts
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August 20, 2025
Masimo's 'Empty Voting' Suit Against Founder Gets Green Light
A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.
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August 20, 2025
Judge Keeps Yale-Prospect Medical Sale Feud In Ch. 11 Court
A Texas bankruptcy judge on Wednesday paused Yale New Haven Health Services Corp.'s request to reopen a $435 million Connecticut feud over a deal to purchase three hospitals from debtor Prospect Medical Holdings Inc., saying she first wants to hear Prospect's plan to repair the troubled contract.
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August 20, 2025
Texas Judge Keeps Intact Suit Alleging Anadarko Busted Well
A Texas federal judge kept intact a suit brought by W&T Energy VI LLC claiming Anadarko Petroleum Corp. improperly operated equipment on an offshore oil and gas well and then lied about the damages, saying Wednesday that W&T adequately alleged its claims.
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August 20, 2025
Texas AG Says Chase Can't Recoup Failed $10M Project
The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.
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August 20, 2025
Envestnet Didn't Preserve Data In IP Suit, Special Master Says
A special master in Delaware federal court has recommended sanctioning Envestnet for failing to properly preserve data from a piece of log management software as part of a suit, accusing it of scheming to steal rival fintech software company FinApps' trade secrets.
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August 20, 2025
Supertramp Co-Founder Must 'Give A Little Bit' In Royalty Row
The Ninth Circuit said Wednesday that a California federal judge was wrong to rule that a 1977 royalties agreement between the members of rock group Supertramp could be terminated, overruling a jury verdict and ordering that the band's co-founder Roger Hodgson be held liable for discontinuing his royalty payments to three other band members.
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August 20, 2025
FTC Sues LA Fitness Over Difficult Gym Cancellation Policies
The Federal Trade Commission sued gym chain LA Fitness in California federal court Wednesday, alleging it employs burdensome cancellation practices, such as requiring customers to come to the gym in-person to cancel memberships or send cancellation forms through registered or certified mail.
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August 20, 2025
4th Circ. Upholds Class Cert. In EQT Gas Royalty Fight
The Fourth Circuit on Wednesday affirmed a lower court's certification of a class of West Virginia landowners in their suit accusing energy company EQT Corp. of having shorted them on payments for natural gas royalties.
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August 20, 2025
Ga. Court Drops Greenberg Traurig Suit After Atty's Death
The Georgia Court of Appeals said Wednesday that it will toss an appeal in a legal malpractice suit filed by a record executive against Greenberg Traurig LLP and its former music law guru Joel Katz after the parties were unable to identify a successor for Katz following his death earlier this year.
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August 20, 2025
Microsoft Fired Manager Despite Army Praise, Suit Says
Microsoft removed a federal contract manager in Germany and later fired her after she pursued disability and retaliation claims, even as the U.S. Army expanded its contract with the company and praised her work, according to a complaint filed in Washington federal court.
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August 20, 2025
Error-Filled Pro Se Recusal Bid Draws Conn. Judge's Ire
A Connecticut federal judge will not docket a pro se recusal request in a U.S. Securities and Exchange Commission fraud action accusing a man of skimming nearly $1 million in investments designated for hotel repair work, saying in a minute order that the defendant otherwise has counsel and submitted a meritless, error-riddled bid.
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August 20, 2025
Production Co. Says Vegas Atty Botched Basketball Deal
A Las Vegas-based production company has hit a Las Vegas attorney with a malpractice suit for allegedly giving poor legal advice in its deal to build a basketball facility in Atlanta, which led to it being sued for over $5 million in cost overruns.
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August 20, 2025
5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill
A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.
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August 20, 2025
Consumers Seek Clarification On Stay In NFL, Fanatics Suit
A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
Judge Bans Texas Atty He Says Is 'Incapable Of Honesty'
A federal judge has indefinitely suspended attorney J. Shelby Sharpe from practicing law in the Northern District of Texas after he helped supposedly erstwhile clients dodge judgments, saying the attorney is seemingly "incapable of honesty."
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August 19, 2025
Las Vegas Sun Asks 9th Circ. To Revisit Order Voiding Deal
The Las Vegas Sun has urged the Ninth Circuit to reconsider its decision finding that its joint operating arrangement with the Las Vegas Review-Journal was illegal for lacking U.S. attorney general approval, arguing the Sun could collapse while its competitor maintains a monopoly in the daily newspaper market for a Nevada county.
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August 19, 2025
Puerto Rico Investor Says Colo. Hemp Grower Owes Over $2M
A Puerto Rican investment firm sued a Colorado hemp producer in state court Tuesday, alleging it owes more than $2 million for unfulfilled contracts.
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
BofA Knocks Out State Law Claims In Zelle Fraud Class Action
A North Carolina federal judge partially sustained Bank of America's objections to a magistrate judge's recommendation allowing a proposed class action over alleged fraud on the peer-to-peer payment service Zelle to proceed, finding that the suit fails to plausibly plead claims under any of the asserted state consumer protection statutes.
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August 19, 2025
$8M Lake Michigan Dock Damages Suit Sent To Florida
A Michigan federal judge has said a Lake Michigan marine transportation company accusing Lockheed Martin Corp. and the U.S. Navy of causing more than $8 million of damage to its facility while testing a naval vessel must pursue the litigation in the Middle District of Florida.
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August 19, 2025
Insurers Pull Back From Discord Liability Coverage Fight
Four insurers jointly have agreed to dismiss a complaint, counterclaims and crossclaims focused on insurer risks and liability related to social media site Discord Inc., now the target of multiple suits accusing the site of facilitating child exposure to graphic content, abuse and exploitation.
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August 19, 2025
11th Circ. Bars Salvage Claim Over Historic French Shipwreck
The Eleventh Circuit ruled Tuesday that an underwater salvage outfit cannot recover payment for locating la Trinité, a French ship sunk off the coast of Florida in 1565, because the Sunken Military Craft Act blocks salvage rights without France's consent.
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August 19, 2025
Family Alleging Firm's Girardi Conflict Denied Partial Win
A Los Angeles judge Tuesday denied a family's motion seeking judgment on declaratory relief claims in a $1.8 million malpractice lawsuit against a firm that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, saying disputed facts remain in the "unusual" case.
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August 19, 2025
Prospect Medical Says Yale Deal Is Top Offer For Hospitals
Hospital operator Prospect Medical Holdings Inc. has asked to assume a $435 million pre-bankruptcy agreement to sell its three Connecticut hospitals to Yale New Haven Health Services Corp., arguing it contains the "highest possible recovery" for its creditors.
Expert Analysis
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Anticipating Calif. Oversight Of PE Participation In Healthcare
A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.