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Commercial Contracts
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April 17, 2025
NC Hospital Operator Can't Escape AG's Merger Suit Yet
A North Carolina Business Court judge rejected HCA Healthcare's bid for a partial win in state Attorney General Jeff Jackson's compliance suit reviewing the company's 2019 purchase of another hospital system, ruling that the purchase agreement's language is too ambiguous to decide the matter without further discovery.
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April 17, 2025
Wyoming Biz Accuses Pa. Entities Of $3.9M Explosives Fraud
A Wyoming-based defense contractor on Thursday accused a Pennsylvania company and its owner of pocketing $3.9 million and never delivering explosives bought to aid Ukrainian and Israeli forces, and using the money to pay for helicopters, luxury watches and a posh overseas wedding.
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April 17, 2025
Chevron Owes $24M For Years Of Work, Venezuelan Co. Says
A Venezuelan oil company accused Chevron of taking advantage of its family-owned business by pressuring it into performing years of work without paying $24 million in invoices.
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April 17, 2025
'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told
California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."
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April 17, 2025
Yale Health System Faces Class Claims Over Data Breach
Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.
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April 17, 2025
Moderna Says New Drug Plant Riddled With Defects, Mold
Life sciences company Moderna is suing a Massachusetts construction firm over multiple alleged defects in a recently built production facility for one of its experimental cancer drugs, including leaks that led to mold growth so "extensive and pervasive" the entire roof has to be replaced.
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April 17, 2025
Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan
A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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April 16, 2025
Fla. Court Urged To Deny Panama's Bid To Enforce $5M Award
A Miami businessman and his company urged a Florida federal court to deny Panama's bid to enforce a $4.8 million arbitral award over construction agreements, saying the court hasn't heard the whole story on the money he says he's owed and how a post-award settlement was breached by government officials.
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April 16, 2025
Leprino Foods Granted Win In Whey Protein Dispute
A Connecticut federal district court granted cheese giant Leprino Foods a summary judgment win Wednesday over a nutritional supplement company in a suit over a whey protein deal, holding that an alleged "implied in fact" supply agreement is unenforceable.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
AT&T Gets $450M 'Twinning' Patent Suit Tossed Again
A New York federal judge has held that it is only fitting that she rule twice on a motion to dismiss a $450 million patent lawsuit against AT&T over so-called twinning phone technology, deciding yet again that the patent is not inventive enough to be worth anything.
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April 16, 2025
Mont. Tribes Want DOI To Come Through With Police Funding
Two Montana tribes have told a federal judge in the state that the U.S. Department of the Interior has frozen their law enforcement budget at what it was 28 years ago and that now the government owes the tribes millions of dollars.
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April 16, 2025
Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage
Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.
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April 16, 2025
Ex-Twitter Worker Can't Add Claims To Age Bias Suit
A former Twitter employee leading a conditionally certified collective action on behalf of his fellow workers aged 50 and older who were fired after Elon Musk took over the company cannot amend the complaint to add new claims, a California federal judge ruled Tuesday.
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April 16, 2025
Auto Supply Chain Tariffs Chart Tricky Compliance Landscape
The compliance landmines created by the Trump administration's sweeping new tariffs have sparked a scramble among the automotive supply chain to renegotiate contracts and stockpile inventory to blunt the financial impacts in the short term, but long-term strategies are still being ironed out, experts say.
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April 16, 2025
Cannabis Co. Drops Back Taxes Case Against 2 Payroll Firms
A Washington cannabis company has dropped claims against a pair of payroll services providers accused of leaving the cannabis company with a $172,500 tax bill after failing to pay the Internal Revenue Service on its behalf.
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April 16, 2025
9th Circ. Won't Revive Ex-Beach Boy Guitarist's Royalty Fight
The Ninth Circuit refused to reinstate a former Beach Boys guitarist's suit that sought to revoke his royalty agreements with Universal Music Group since they were based on physical record sales and didn't contemplate the evolution of digital streaming, ruling Wednesday the contracts only paid for physical record sale royalties.
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April 16, 2025
Colo. Lawyer Says Disbarred Atty Won't Give Settlement Info
A Colorado firm that agreed to take over a case from a disbarred attorney has sued her and the client, accusing them of refusing to state how much he is owed from a confidential settlement that ended the underlying employment case.
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April 16, 2025
Justices Urged To Deny Insurers' Tribal Jurisdiction Challenge
The Suquamish Tribe told the U.S. Supreme Court it shouldn't hear a group of insurers' bid to litigate COVID-19-related property insurance claims outside tribal court, arguing the Ninth Circuit correctly held that the insurers' coverage of tribal property sufficiently established tribal jurisdiction.
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April 16, 2025
Mass. High Court Revives BU Contract Suit Against Architect
Massachusetts' highest court ruled Wednesday that a six-year limit on tort claims due to design defects in a construction project under a Boston University athletic field doesn't apply to a contract dispute between the school and an architectural firm that explicitly agreed to cover such costs.
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April 16, 2025
Greek IT Co.'s Suit Over Leaked Patent Info Gets Tossed
A New York federal judge has tossed a Greece-based technology company's suit alleging Ladas & Parry LLP sent proprietary information to a third party while the company had an attorney-client agreement with the firm.
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April 16, 2025
Locke Lord Escapes Refinery's Suit Over $2.5M Loss
A New Jersey state appeals court said Wednesday Locke Lord LLP's office in the state isn't a strong enough tie to establish jurisdiction in an oil company's legal malpractice suit over the company's $2.5 million loss connected to a North Dakota refinery project.
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April 16, 2025
Google's $100M AdWords Deal Gets Initial Approval
A California federal judge said Wednesday he'll preliminarily approve Google's $100 million settlement that would resolve advertisers' long-running certified class action alleging the tech giant overcharged for advertisements through its AdWords service, saying the 14-year-old litigation was hard fought, but the settlement appears to be fair.
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April 16, 2025
Jack Nicklaus Granted $1M In Damages After NIL Win
Jack Nicklaus was granted $1 million Wednesday by a New York state court judge for damages incurred as a result of a preliminary injunction that prevented the golf legend from signing new commercial deals during now-dismissed litigation over the use of his name, image and likeness.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.