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Commercial Contracts
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December 19, 2025
Texas Justices Order Redo For BofA Building Valuation
The Texas Supreme Court on Friday ordered a redo in a valuation that saw Bank of America communicate with a supposedly neutral appraiser ahead of time, saying that a trial court improperly confirmed an $8 million appraisal of a Houston property.
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December 19, 2025
Veolia Hit With $4M Overcharge Claim By NJ Borough
A Garden State municipality is suing Veolia Water New Jersey Inc. and two affiliated entities in state court, alleging the private water provider orchestrated a yearslong scheme to falsify consumption data, manipulate meter readings and induce the town into paying millions more for water than it actually used.
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December 19, 2025
Chemical Co. Workers Stole Trade Secrets, Seattle Jury Says
Three former employees of Silver Fern Chemical Inc. misused the Washington-based distributor's trade secrets when they took proprietary customer information to work for a rival business, a Seattle federal jury said in awarding the company $1.9 million for lost profits.
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December 19, 2025
Eni Asks Justices To Weigh In On Natural Gas Project Spat
Italian energy giant Eni is urging the U.S. Supreme Court to review a New York appellate court decision that it says "stretched the claim preclusion doctrine beyond all constitutional bounds," in a long-running and multifaceted dispute stemming from a deal over a billion-dollar Mississippi liquefied natural gas processing facility.
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December 19, 2025
Gambling Tech Co. Loses Sanction Bid In NJ Defamation Case
A New Jersey state judge rejected a gambling technology company's bid for sanctions in its defamation suit against investigative firm Black Cube and law firm Calcagni & Kanefsky LLP, ruling that Black Cube did not willfully disobey a court discovery order.
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December 19, 2025
Keesal Young Drops Part Of Stradley Ronon Poaching Suit
Keesal Young & Logan wants to drop part of its California state court lawsuit alleging Stradley Ronon Stevens & Young LLP unlawfully recruited 10 of its attorneys.
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December 19, 2025
Atty Says Anti-SLAPP Law Scuttles Ex-Law Partner's Case
Attorney Andrew Garza and his new firm, Claggett Sykes & Garza LLC, have invoked Connecticut's anti-SLAPP law in an attempt to dismiss litigation by his former law partner Ryan McKeen, one of several lawsuits between the partners after the dissolution of their firm, Connecticut Trial Firm LLC.
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December 19, 2025
Live Nation 401(k) Suit Arbitration In Calif. Gets Redo
A California federal judge agreed to reconsider his order from 2023 requiring arbitration of some claims in a federal benefits suit from Live Nation workers alleging excessive fees in their employee 401(k) plan after the Ninth Circuit had remanded the case in August.
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December 19, 2025
J&J, ChemImage Reach Deal After $77M AI Patent Judgment
Johnson & Johnson has entered an agreement to resolve a lawsuit that ChemImage Corp. had brought alleging the pharmaceutical giant unilaterally ended a deal to develop in-surgery artificial intelligence imaging techniques, after a New York federal judge determined J&J owed $76.6 million in the dispute.
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December 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the designer of an 88-facet diamond bring a copyright claim against a luxury watch retailer, collapsed firm Axiom Ince bring legal action against the solicitors' watchdog, and the Post Office hit with compensation claims from two former branch managers over their wrongful convictions during the Horizon information technology scandal.
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December 18, 2025
$10B Verdict Hinges On Witness Order, Katyal Tells Panel
Milbank's Neal Katyal urged a California state appellate panel to grant a new trial to a man who lost an estimated $10 billion verdict when a jury found he violated an oral agreement with his brothers over a real estate empire, saying the witness order violated a civil procedure rule.
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December 18, 2025
NY Appeals Court Lets $62M PDVSA Bond Feud Proceed
A New York appeals court on Thursday rejected a bid by Venezuela's state-owned oil company to find that service of a lawsuit over a roughly $62 million defaulted bond was insufficient under the Foreign Sovereign Immunities Act, ruling that the company had waived its right to be served in compliance with the act.
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December 18, 2025
Top Trade Secrets Decisions Of 2025
The Ninth Circuit clarified the rules of engagement in trade secrets disputes with guidance on when confidential information must be precisely detailed during litigation, and jurors delivered a $200 million verdict against Walmart over product freshness technology. Here are Law360's picks for the biggest trade secrets decisions of 2025.
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December 18, 2025
Monarch Overhyped 'Driver-Optional' Tractors, Ex-Dealer Says
A Washington farm supply store sued California-based Monarch Tractor — which bills itself as the maker of "the world's first autonomous tractor" — in Seattle federal court Thursday, claiming the company's MK-V vehicles "did not perform as represented and were unable to operate in the autonomous manner represented."
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December 18, 2025
Wash. Justices Say Open Gov't Law Covers Seattle Contractor
The Washington State Supreme Court has reinstated a citizen suit seeking information related to downtown Seattle's Metropolitan Improvement District, recognizing in a Thursday opinion that the district's private nonprofit management entity DBIA Services is analogous to a government agency and thus subject to the state's public records law.
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December 18, 2025
Coffee Contractual Dispute Will Be Arbitrated, NY Judge Says
A New York federal judge ordered the parent company of a Colombian coffee supplier to arbitrate a dispute over its soured relationship with the U.S. arm of a Swiss coffee merchant despite not signing an underlying arbitration agreement, ruling that the pact could be enforced based on an agency theory.
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December 18, 2025
Settlement Admin, Bank Conspiracy Suits Consolidated In DC
A group of putative class actions alleging a wide-ranging kickback scheme between three of the largest settlement administration companies in the country and banks that was designed to juice administration fees while diminishing class action payouts has been consolidated in D.C. federal court.
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December 18, 2025
Ex-NFL Player Can't Keep $1.9M Atty Fees, 5th Circ. Rules
Former NFL player Michael Cloud was not owed attorney fees by the NFL's retirement plan from his attempt to attain disability benefits, the Fifth Circuit said Thursday, dealing Cloud another defeat after a previous court victory was reversed.
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December 18, 2025
Vegas Sun Wants Justices To Revive Protective Pact
The Las Vegas Sun wants the U.S. Supreme Court to take up a Ninth Circuit decision that nixed an agreement protecting it from the Las Vegas Review-Journal's alleged plan to drive it out of business, arguing that the old pact with the more conservative paper was valid even without express government approval.
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December 18, 2025
Agita Over Piglets At Party Got Pharma Exec Axed, Suit Says
The U.S. arm of a Danish pharmaceutical company pushed out a director after he expressed concerns about using baby pigs for a photo op at the company's anniversary party knowing the animals would be euthanized after, a new federal lawsuit alleges.
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December 18, 2025
LinkedIn Data Access Settlement Rejected In Antitrust Case
A California federal court refused to approve a settlement requiring LinkedIn to stop conditioning access to its data interface on rivals agreeing not to use the data for a competing professional social network, a deal that included no damages but up to $4 million in attorney fees.
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December 18, 2025
Boies Schiller Must Face Fla. Fee Suit, Court Told
In pushing back on a bid to toss a Florida state court lawsuit against Boies Schiller Flexner LLP and related defendants, a pharmaceutical mass tort law firm and other parties said the lawsuit outlines a clear breach of a nondisclosure agreement and interference with existing business relationships, making the complaint legally sufficient under Sunshine State law.
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December 17, 2025
Avis Did Not Waive Arbitration In Traffic Fines Suit: 3rd Circ.
The Third Circuit has concluded that Avis did not waive its right to arbitrate a long-running class action over traffic fines incurred during a rental with certain members of the class by continuing to litigate the dispute years after incorporating an arbitration clause in its rental agreement.
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December 17, 2025
Nvidia Settles Valeo's Suit Over Stolen Driving Assist Code
Nvidia Corp. has settled automotive tech supplier Valeo's lawsuit that accused the artificial intelligence chipmaker of using trade secrets a former Valeo engineer stole before joining Nvidia and later accidentally left on his screen during a videoconference call with Valeo.
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December 17, 2025
$2.75M Award Partly Revived In OxyLife Employment Dispute
A Florida state appeals court ruled Wednesday that a lower court wrongly erased a $2.75 million jury award for two former executives at home medical equipment company OxyLife in their employment dispute with the company, but ordered the award reduced to reflect the valuation evidence presented at trial.
Expert Analysis
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.