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Commercial Contracts
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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.
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December 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Shell hit with a climate change claim from 100 survivors of a typhoon in the Philippines, London Stock Exchange-listed Oxford Nanopore bring legal action against its co-founder, and the editors of Pink News sue the BBC for defamation following its investigation into alleged sexual misconduct at the news site.
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December 11, 2025
Fla. Judge OKs Ch. 11 Plan For $1.7B Miami High-Rise Plot
A Florida bankruptcy judge has confirmed the Chapter 11 plan for the owners of a prized piece of land proposed for a high-rise construction along the skyline of downtown Miami that could be worth more than $1 billion once redeveloped.
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December 11, 2025
NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project
A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.
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December 11, 2025
Texas Business Group CEO Resigns After Sexual Assault Suit
The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances.
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December 11, 2025
Disney Cuts $1B OpenAI Licensing Deal Amid Google IP Clash
The Walt Disney Co. has cut a $1 billion investment deal with OpenAI to become OpenAI's first major content licensing partner on its generative AI video-platform Sora, the companies announced Thursday, a day after Disney sent Google a cease-and-desist letter accusing Google's AI tools of "massive infringement."
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December 11, 2025
Suit Over DraftKings' Voided Bets Advances With Class Cert.
An Indiana federal judge has certified a class of 99 bettors who were denied payouts when DraftKings canceled their successful wagers on an NBA game, pushing forward a suit over the online betting giant's administration of its house rules.
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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.
Expert Analysis
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling
The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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State Law Challenges In Enforcing Arbitration Clauses
In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.