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Commercial Contracts
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November 18, 2025
Cognizant Accused Of Retaliation Over Ex-Worker's Claims
A former employee of Cognizant Technology Solutions US Corp. claimed in Colorado state court Monday that the company retaliated against him for reporting a "make good" arrangement the company had with a client that he described as potentially illegal.
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November 18, 2025
Mass. Judge Axes Co.'s 'Second Bite' Dairy Trade Secrets Suit
A Massachusetts federal judge has dismissed trade secret theft allegations brought by a dairy farm products company against two former business partners, saying an ongoing case between some of the same parties in Minnesota was too similar.
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November 18, 2025
4th Circ. Restores Trade Secrets Suit Against Insurance Execs
The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.
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November 18, 2025
Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse
A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.
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November 18, 2025
Warner Bros. Appeals Village Roadshow's Ch. 11 Rights Sale
Hollywood studio Warner Brothers asked a Delaware bankruptcy judge on Tuesday to pause the $18.5 million sale of its bankrupt former business partner Village Roadshow's derivative film rights while it challenges the deal.
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November 18, 2025
Chancery Rejects Mary Kay Founder's Fee Bid
The Delaware Chancery Court has rejected the demand of Mary Kay Holding Corp.'s co-founder for corporate advancement of legal fees tied to a Texas trust battle with his son, concluding that the billion-dollar dispute stems from personal trust-administration issues, not the executive's service as a company director.
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November 18, 2025
NJ Panel Backs Arbitrator's Ruling In Parking Spaces Spat
A New Jersey appellate court affirmed an arbitrator's decision that determined that two developers had to permanently maintain parking spaces for an Edgewater, New Jersey, mixed-use complex, ruling that the arbitrator for the related dispute didn't overstep their authority.
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November 18, 2025
Insurer Needn't Cover LA Zoo Org. In City Contract Dispute
An insurer doesn't owe coverage to the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, a California federal court has ruled, finding that all claims are excluded under the association's nonprofit asset protection policy.
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November 17, 2025
Sunoco Gets $75M Knocked Off $180M Oil Royalty Ruling
The Tenth Circuit on Monday partially upheld a nearly $180 million judgment against Sunoco Inc. for withholding late interest payments on oil royalties to Oklahoma landowners, leaving in place a $103.9 million compensatory damages award for the landowners but striking $75 million in punitive damages.
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November 17, 2025
X Asks 9th Circ. To Let It Litigate Media Matters Suit In Ireland
X Corp. urged the Ninth Circuit on Monday to scrap an injunction blocking it from continuing to litigate its Irish-law defamation case against Media Matters in Ireland, arguing that the left-leaning watchdog waited too long to invoke a California forum-selection clause in X Corp.'s terms of service.
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November 17, 2025
Shell Asks NY Court To Approve Challenge Of LNG Arbitration
Oil and gas giant Shell is urging a New York state court to vacate an international arbitration award issued to a liquefied natural gas firm, saying the arbitral hearing revealed that the American producer and exporter withheld key documents in the parties' fight over LNG cargo shipments.
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November 17, 2025
Chase Gets 2nd Shot At Pushing Bias Suit To Arbitration
JPMorgan Chase Bank NA will have another chance to force a family's racial discrimination lawsuit into arbitration, a Seattle federal judge has ruled, modifying her earlier order that rejected the bank's arbitration effort.
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November 17, 2025
UConn Health Poised To Buy Hospital In $35M Ch. 11 Deal
Bankrupt for-profit hospital operator Prospect Medical Holdings Inc. on Monday sought approval for the $35 million sale of Waterbury Hospital in Connecticut to two UConn Health units under a stalking horse bid package filed in early November.
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November 17, 2025
SAP Proposes Fixes Amid EU Antitrust Probe
German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.
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November 17, 2025
Kansas City Bank Can't Nix Cert. Over Inmate Debit Card Fees
A Washington federal judge has denied the Central Bank of Kansas City's bid to decertify a nationwide class in a suit accusing it of charging former jail inmates unfair fees on prepaid debit cards, billing the motion as "premature" on Friday while leaving room for the bank to raise the issue again later.
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November 17, 2025
American Airlines Beats Investor Suit Over Sales Strategy
American Airlines has won dismissal of an investor suit that alleged it implemented a botched sales and distribution strategy, with the court finding the suit's reliance on vague statements of optimism and faulty confidential witness claims aren't enough to show the company acted fraudulently.
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November 17, 2025
'Astounding' Holland & Knight Conduct Drives Liability Ruling
Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."
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November 17, 2025
Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case
With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.
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November 17, 2025
NC Hospital Data Sharing Class Gets $2.45M Deal, $750K Fee
A North Carolina Business Court judge gave final approval Monday to a $2.45 million class action settlement for almost half a million patients who accused a health system of sharing sensitive information with Meta Platforms Inc., with class counsel securing $750,000 in attorney fees.
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November 17, 2025
9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case
The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.
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November 17, 2025
Senior Home Referral Site Must Face False Ad Claims
A senior living placement site must face a false advertising suit filed by a Georgia assisted living home alleging the platform runs on a pay-to-play model, as a federal judge said he wasn't buying Caring.com's defense that its advertising was innocuous "puffery."
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November 17, 2025
Fla. Panel Says Co. Isn't 'De Facto Defendant,' Denies Fee Bid
A Florida state appellate court has ruled that a construction company isn't a "de facto defendant" in an ancillary proceeding for a charging lien, denying the company's bid to recover attorney fees that it spent fighting the lien in a case that initially started as an insurance lawsuit.
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November 17, 2025
Mobix Sues SPAC Backers Over Alleged $30M Funding Failure
A California-based semiconductor-technology company has sued its former special purpose acquisition company sponsor, affiliated investment groups and their chief executive in the Delaware Chancery Court, accusing them of creating a scheme of false funding assurances that left the company undercapitalized when it entered the public markets in 2023.
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November 14, 2025
9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'
A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."
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November 14, 2025
Tendit, Ex-CEO Settle Rent Dispute Lawsuit
A facility services company and its former CEO reached a settlement that "reflects no admission of liability by any party" last month to resolve a lawsuit between the two in which the company said the former executive increased the company's rent with her real estate business before resigning.
Expert Analysis
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.