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Commercial Contracts
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July 15, 2025
Former IP Partners' Names Worth $52K, Expert Testifies
The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.
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July 15, 2025
NC Docs Say Practice Duped Them Into Providing Free Labor
A trio of reproductive and women's health care physicians were enticed to sell their practice by promises of a brighter financial future, only to be forced into providing more than a year of free labor, the doctors say in a complaint designated to the North Carolina Business Court.
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July 15, 2025
FDIC Says Farella Braun Can't Get Fees In First Republic Suit
The Federal Deposit Insurance Corp. has asked a California federal court to toss a more than $50,000 legal fee claim tied to First Republic Bank's collapse, arguing that Farella Braun, the law firm behind the claim, failed to submit a valid written agreement or itemized invoices and its claim is legally insufficient.
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July 15, 2025
4th Circ. Won't Rethink Affirmance Of $8M KBR Award
The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.
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July 15, 2025
Modoc Nation Suit Against Computer Co. On Hold For Appeal
An Oklahoma federal judge has paused the Modoc Nation's $14.6 million lawsuit against a computer management company while a former attorney general for the tribe appeals his entitlement to sovereign immunity, ruling that the case will be stayed until the interlocutory appeal is resolved.
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July 15, 2025
Deep Sea Mining Co. Gets Suit Over 'Green' Investments Axed
A New York federal judge has dismissed in its entirety a suit accusing The Metals Co. Inc. of misleading investors about the magnitude of its "green" investments and its private equity backing before going public, finding that the suit's challenged statements were not false when made.
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July 15, 2025
Internet Provider Can't Duck Conn. Atty's ID Theft Probe
Connecticut Trial Firm LLC co-founder Andrew Garza may pursue a bill of discovery against internet service provider NetSpeed LLC as he tries to unmask the person he says stole his identity to open a bank account, a Connecticut state judge has ruled.
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July 15, 2025
NC Brewery Accused Of 'Secret' Talks Amid Partnership Rift
A live music operator accused a brewery during a hearing Tuesday of conducting secret negotiations with competitors and frustrating discovery efforts in a lawsuit over their failed partnership to form an entertainment venue in downtown Asheville, North Carolina.
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July 15, 2025
Energy Company Says NJ Real Estate Firms Owe $1.2M
A Garden State supplier of renewable electricity has alleged in New Jersey federal court that a group of New Jersey commercial real estate firms is refusing to pay more than $1.28 million in energy bills.
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July 15, 2025
Ex-Yankee Wants $69K Tacked Onto Moldy Mansion Trial Win
A retired New York Yankees player is seeking nearly $70,000 in prejudgment interest after a Connecticut federal jury handed him a $222,000 win in his suit that sought to hold his former landlord liable for mold in a Greenwich mansion.
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July 15, 2025
NC Justices Urged To Halt Project Tract's Foreclosure Sale
A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.
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July 15, 2025
Door Maker Defends Landmark Divestiture Order At 4th Circ.
Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.
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July 15, 2025
5th Circ. Says Media Matters Can Challenge X Suit Venue
The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.
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July 15, 2025
Trash Hauler Accused Of Blocking Competitor Amid Strike
A Massachusetts competitor to trash hauler Allied Waste Systems says the company is interfering with its efforts to offer customers an alternative during a strike that is entering its third week, according to a complaint filed Tuesday in state court.
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July 15, 2025
9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case
The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.
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July 15, 2025
Car Buyer Wants Class Cert. Over VIN Etching Price
A Connecticut state court should grant class certification to more than 3,100 customers of the Milford-based Nissan dealership Napoli Motors Inc. on claims that its $299 charge for a service known as VIN etching violates a state law requiring "reasonable rates," the named plaintiff said in a new motion.
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July 15, 2025
Court Reporters Defend Suit Saying Group Coerces Dues
A pair of court reporters defended their New Jersey federal court proposed class action accusing the National Court Reporters Association of anticompetitively conditioning needed certification on expensive membership with the group, arguing the NCRA can't try to argue that membership and certification are one and the same.
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July 15, 2025
Michigan Cases To Watch In The 2nd Half Of 2025
Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.
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July 15, 2025
Keesal Young Accuses Stradley Ronon Of Unfair Poaching
Stradley Ronon Stevens & Young has been hit with allegations from California firm Keesal Young & Logan that it unfairly poached both shareholders and associates from the firm, allegedly conspiring with the departing attorneys to violate their agreements with the firm and costing Keesal Young $2.5 million in annual profits.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 15, 2025
Brookfield, Google Ink $3B Hydroelectric Power Deal
Brookfield Asset Management, its subsidiary Brookfield Renewable Partners and Google have agreed to a "first-of-its-kind" more than $3 billion deal that aims to build up to 3,000 megawatts' worth of hydroelectric power capacity throughout the country, Brookfield announced Tuesday.
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July 14, 2025
Casino Entrepreneur Fights Laos' Award Appeal At 9th Circ.
An entrepreneur who was not party to an arbitration is fighting to toss Laos' bid before the Ninth Circuit to overturn an order refusing to enforce about $5 million in arbitral awards stemming from an ill-fated casino venture, saying the appealed ruling isn't a final decision.
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July 14, 2025
Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees
A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.
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July 14, 2025
Ukraine Bank Payment Bid Likely Illegal In $150M Award Fight
A Texas magistrate judge has recommended denying, for now, Carpatsky Petroleum Corp.'s bid to force Ukraine's largest oil company to hand over payments via its international bank account to the U.S.-based corporation as it seeks enforcement of a $150 million arbitral award.
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July 14, 2025
NBA Deal Investor Suit Doesn't Hold Up, Warner Bros. Says
Warner Bros. Discovery has asked a New York federal judge to throw out investors' proposed class action over its failed negotiations for a new media rights agreement with the NBA, arguing that the investors haven't pointed to any evidence showing that Warner Bros. intended to mislead them about the deal.
Expert Analysis
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.