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Commercial Contracts
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June 03, 2025
Consumers Defend Amending Apple, Amazon Antitrust Case
Consumers accusing Apple and Amazon of reaching a deal to restrict the sale of Apple devices on the e-commerce site told a Washington federal court there's no need to reconsider letting them amend the complaint despite the original lead plaintiff dropping out of the case.
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June 03, 2025
Wash. Judge Clears The Way For Redfin Merger Vote
A Washington federal judge on Tuesday refused to stop Redfin shareholders from voting Wednesday on a $1.75 billion merger with Rocket Cos., finding that with new disclosures made by the company, investors have enough information to make an informed decision.
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June 03, 2025
3rd Circ. Flags 'Double-Counting' Damages In Trade Secrets Trial
A Third Circuit panel on Tuesday seemed ready to double-check a jury's apparent double-counting of damages in a trade secrets case between two regulatory compliance businesses, noting that the jurors' math indicated they had multiplied an expert's estimate of allegedly ill-gotten profits, while the victor in the case cautioned against trying to divine the jury's thoughts.
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June 03, 2025
Tenn. IT Biz Lands $4B Contract For Space Force Work
Tennessee-based Jacobs Technology Inc. has been awarded a ceiling contract valued at up to $4 billion to support the Space Force, the U.S. Department of Defense said.
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June 03, 2025
MSP Recovery Sued By Tort Firms Over Unpaid Legal Fees
Two pharmaceutical mass tort firms have sued MSP Recovery LLC and its affiliated entities in Florida state court for allegedly refusing to pay compensation owed for legal services in litigating pharmaceutical and Medicare Secondary Payer Act claims and for violating a tolling agreement between the parties.
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June 03, 2025
Buyer Says Roofing Co. Hid Sex Harassment, Other Liabilities
A Colorado-headquartered roofing and exterior services company has sued an acquired business, D.K. Haney Inc., following a discovery that the $11.9 million deal overstated Haney's value by 77% due to a failure to reveal liabilities including sexual harassment by senior officers.
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June 03, 2025
Tech Co. Accuses Ex-Manager Of Pilfering Trade Secrets
A former senior account manager for a public and investor relations technology business emailed himself company secrets and tried to poach customers before he decamped for a competitor, according to a newly designated North Carolina Business Court complaint.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 03, 2025
Willkie Hires Asset Management Partner In DC
Willkie Farr & Gallagher LLP has hired an asset management partner in Washington, D.C., who was once the law clerk of the former Commodity Futures Trading Commission chairman who now co-leads the firm's digital works practice.
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June 03, 2025
BakerHostetler Adds Two Real Estate Partners In Seattle
BakerHostetler said it has added a former K&L Gates LLP real estate partner and a real estate practice group leader from a regional firm in its Seattle office.
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June 03, 2025
Pot Co. Says Investor Threatened Suit After Share Buyout Deal
A Canadian cannabis company seeks an injunction against an investor who allegedly violated an agreement to not disparage or bring claims against entities and individuals who signed an option to buy out the remainder of his shares in the company.
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June 02, 2025
J&J Unit May Owe Around $125M Over AI Tissue Imaging Deal
A New York federal judge ruled Friday that J&J unit Ethicon Inc. owes a termination fee of $40 million plus intellectual property impairment damages in the neighborhood of $85 million to ChemImage Corp. after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques.
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June 02, 2025
A Jury Says Fortress Controls VLSI. What Now?
A Texas federal jury has concluded that Fortress Investment Group controls VLSI Technology, which could be a game-changing step in the patent company's multibillion-dollar patent fight with Intel. Here's how the jury's narrow finding could play into the widespread litigation.
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June 02, 2025
Bed Skirt Biz Trial On Snooze After Partial Deal, Atty Exit
The joint owners of a commercial bed skirt company have all but settled their dueling claims of corporate mismanagement on the eve of trial, according to a notice filed Monday, though a lone holdout has forced the parties to recalibrate what remains of the case for a later trial.
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June 02, 2025
Fla. Sanitizer Co. Faces Penalties Over Fake AI Legal Citations
Two Florida federal judges have ordered a disinfectant sprayer business to explain why artificial intelligence-generated fake citations and quotes appeared in filings in lawsuits over corporate wrongdoing from a Canadian breach of contract case, saying it could face serious penalties for alleged intentional misrepresentations.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
4 Mass. Rulings You May Have Missed In May
Massachusetts judges grappled with accusations of fraud in the sale of a struggling life sciences company and gave the benefit of the doubt to a vendor who allegedly sold the state gallons of ineffective hand sanitizer, among other notable rulings last month.
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June 02, 2025
Horse Breeders, NJ Track Owner Settle Suit Over Shutdown
A group representing horse trainers and breeders in New Jersey has settled a lawsuit against the owner and operator of Freehold Raceway over the closure of the 170-year-old harness racing track, according to a letter sent to a New Jersey federal judge.
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June 02, 2025
PG&E, Lenders Hit With Suit Over Solar Panel 'Scheme'
Pacific Gas & Electric Corp. and several other companies were accused in California federal court of running a "bait-and-switch" scheme in which they saddle homeowners with hidden fees after tricking them into financing solar panel installations through zero-interest loans.
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June 02, 2025
Google Wants Ex-Sales Rep's $2M Commission Suit Tossed
Google urged a Connecticut federal court to ax a former Google Cloud salesman's suit alleging that the company owes him $2 million in commissions and fired him while he underwent cancer treatments to dodge insurance benefits, saying his claims can't stand.
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June 02, 2025
Allergan Entities Get Booted From Botox Patent Suit In Del.
A Delaware federal judge has dismissed a pair of Allergan units from a suit alleging two biotechnology companies infringed patents related to Botox products, finding one unit had not shown it was actually the exclusive licensee to the disputed patents, while another agreed to be dismissed.
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June 02, 2025
Judge Finds Exec Sought To Dodge Chicago Hotel Fraud Order
A construction company and executive found by a jury in 2022 of misusing millions intended for Chicago's Nobu Hotel are facing contempt orders from an Illinois federal judge for concealing cash withdrawals and construction work as an investor attempts to collect a $22 million judgment.
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June 02, 2025
Justices Want Gov't View On Duke Energy Monopoly Suit
The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
High Court Rejects Bard Patent Misuse Dispute
The U.S. Supreme Court on Monday said it won't consider the Ninth Circuit's decision to revive a $53 million breach of contract suit C.R. Bard Inc. filed against Atrium Medical Corp. over patent royalties and patent misuse.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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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.