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Commercial Contracts
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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.
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December 10, 2025
Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.
Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."
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December 10, 2025
Feds Drop 2 FIFA Bribery Cases Despite Appellate Win
Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.
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December 10, 2025
Boardwalk Pipeline Case Sees Partial Reversal
The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.
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December 10, 2025
Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles
Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.
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December 10, 2025
Ex-Software CEO Asks Delaware Justices To Revive $20M Claim
The former CEO of a software company asked a Delaware Supreme Court panel on Wednesday to revive his $20 million claim against London investment firm 3i Group PLC, arguing that a lower court misread Texas venue rulings and Delaware's tolling law.
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December 10, 2025
4th Circ. Hints $166M Fight Could Create Circuit Split
In questioning counsel for an insolvent Dutch insurance company trying to confirm a $166 million arbitral award against convicted insurance mogul Greg Lindberg, two Fourth Circuit judges quipped the insurer likely wants to avoid a circuit split over interpreting the Federal Arbitration Act and keep the case out of the U.S. Supreme Court.
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December 10, 2025
Trans Woman Sues Hilton Over Security Guard Sex Assault
A transgender woman is suing Hilton Worldwide Holdings Inc. and its affiliates in Texas state court, alleging she was sexually assaulted by a security guard who later used hotel records to find her phone number and send unwanted, sexually explicit videos.
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December 10, 2025
Capital One, Influencers Seek OK For Commissions Deal
Financial services giant Capital One has pledged to pay influencers commissions, plus up to nearly $4 million in attorney fees and costs, and make changes to its online shopping browser extension to settle claims that it siphoned commissions away from influencer participants in its affiliate marketing program.
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December 10, 2025
Nursing Home Owners Defrauded Medicaid For Years, NJ Says
The owners of two New Jersey nursing homes diverted nearly $100 million in Medicaid funds to themselves while intentionally understaffing the facilities and neglecting the residents, according to a state comptroller report released Wednesday that called for more scrutiny of for-profit residential care facility operators.
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December 10, 2025
Court Asks If Morgan Stanley Liable In Alleged $250M Scheme
A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.
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December 10, 2025
Judge Denies Bid To Halt Discovery In Refugee Ban Suit
A Washington federal judge has denied the Trump administration's request to halt discovery in a lawsuit challenging its suspension of refugee admissions and resettlement funding ahead of a forthcoming Ninth Circuit ruling on court orders that temporarily blocked its actions.
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December 10, 2025
Calif. Bar Exam Proctor Fights To Dismiss Class Claims
The company that proctored the fraught California Bar Exam in February wants to end a proposed class action brought by test-takers claiming they are owed monetary relief for funds they spent on the exam, which was rife with technical errors, though both sides have indicated they are open to a settlement agreement.
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December 10, 2025
Del. Justices Probe Charter Defense Rights In VoiP Fight
A Delaware Supreme Court panel on Wednesday pressed an attorney for Charter Communications Holding on the company's obligation to provide notice that a supplier's patents — and its duty to defend — were entangled in a Sprint Communication infringement suit against Charter and affiliates.
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December 10, 2025
Justices Chew Over 'Close' Case On Fund Contract Disputes
The U.S. Supreme Court on Wednesday waffled over whether there was a private right to sue to void contracts that allegedly violate the Investment Company Act, with Justice Brett Kavanaugh saying that a decision on the case involving an activist investor's voting rights would be "extremely close."
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December 10, 2025
Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals
A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.
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December 09, 2025
'Stop Asking Questions': NASCAR Leaks Team's Finances
NASCAR blindsided a former race car driver Tuesday in its antitrust trial by exposing his team's financial data to the jury despite an alleged nondisclosure agreement, provoking a cascade of objections from the opposition and a reproach from the bench.
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December 09, 2025
States Ask Justices To Curtail Federal Trucking Law Shield
Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.