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Commercial Contracts
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November 19, 2025
Colo. Justices Question Public Works Act Interpretation
The Colorado Supreme Court appeared skeptical Wednesday of an appellate court's Public Works Act interpretation, which vacated a subcontractor's $12.7 million claim against the general contractor that employed it to help build a new Denver rail line.
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November 19, 2025
Judge Allows Peru To Probe Brookfield In Toll Road Dispute
A New York federal judge has agreed to allow Peru to seek documents from Brookfield and others as it pursues domestic criminal proceedings in a feud stemming from an allegedly corrupt toll highway project involving an entity now majority-owned by the asset manager.
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November 19, 2025
Med Co. Sellers Urge Del. Justices To Revive Suit
An attorney for former investors in urgent care provider CityMD urged Delaware's Supreme Court on Wednesday to reverse a lower court's dismissal of claims they were coerced into giving up purported rights to the same consideration a private equity controller received in a 2021 merger.
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November 19, 2025
First Financial Says Medical Device Maker Owes $13.6M
Ohio-based First Financial Bank asked a Connecticut federal court for a judgment saying it is owed at least $13.6 million after a medical and aerospace device manufacturer breached multiple loan agreements before telling the bank it was insolvent.
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November 19, 2025
NJ Panel Revives Fraud Claim Against Towing Company
A New Jersey appeals panel partly revived a consumer fraud claim Wednesday against a towing company, ruling that the trial court failed to make required factual findings before rejecting allegations that the business misled a Newark man about the price of his junk car.
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November 19, 2025
Contractor Not Covered In Pa. Hotel Construction Dispute
A pair of Zurich insurers have no duty to defend or indemnify a contractor accused of mismanaging the construction of a dual-brand hotel in Pennsylvania, a California federal court ruled, saying coverage for the alleged property damage is barred by a "course of construction" exclusion.
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November 19, 2025
NJ Construction Co. Sues Over Hudson Tunnel Union Limits
A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.
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November 19, 2025
Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit
Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.
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November 19, 2025
Green Groups Sue To Block Gulf Oil And Gas Lease Sale
Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.
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November 19, 2025
Widener U. To Pay $800K To End COVID Refund Lawsuit
Widener University has agreed to pay $800,000 to settle a proposed class action accusing the school of failing to provide the in-person education and campus services students paid for during the spring 2020 semester, when the COVID-19 pandemic forced classes online.
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November 19, 2025
Food-Ingredients Sellers Say Buyer Sabotaged $72M Earnout
A holding company and two members of the family that built its subsidiary food business have accused the company's buyer in the Delaware Chancery Court of deliberately stripping them of promised operational autonomy and sabotaging its performance to avoid paying an earnout of up to $72 million.
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November 19, 2025
Mass. Court Says Waiver Valid In Adventure Park Injury Suit
A Massachusetts appellate court on Wednesday upheld the dismissal of a suit seeking to hold an adventure park liable for a woman's injuries, saying the liability waiver she signed is valid and enforceable.
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November 19, 2025
Whole Foods' $1M Asbestos Suit Survives Dismissal Bid
Whole Foods can proceed with its $1 million lawsuit over construction work that freed asbestos and forced a store to close temporarily, after a North Carolina Business Court judge ruled the grocer alleged enough to support contract breach claims against a plaza owner and sublessor.
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November 19, 2025
Dallas Stars Ask Bankruptcy Court To Stop Mavericks Suit
The owner of the Dallas Stars hockey team asked a Texas bankruptcy judge to reopen the club's 2011 bankruptcy case to enforce its confirmation order and stop a suit from the NBA's Dallas Mavericks seeking to remove the NHL team from their American Airlines Center arena lease.
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November 18, 2025
Live Nation Says Promoter Can't Revive Nixed Damages
Live Nation Entertainment Inc. urged a New Jersey federal judge Tuesday to bar all evidence of damages in a long-running concert interference lawsuit, arguing that a defunct promoter's trial plan attempts to revive allegations the court deemed inadmissible.
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November 18, 2025
Reed Smith Can't Represent Eletson By 'Repeated Incantation'
A New York federal judge on Tuesday rejected Reed Smith LLP's latest effort to intervene on behalf of the purported former owners of international shipping company Eletson Holdings in Eletson's $102 million breach-of-contract litigation with rival Levona, saying the firm can't represent the holding company post-bankruptcy "by repeated incantation."
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November 18, 2025
TP-Link Accuses Wi-Fi Rival Netgear Of 'Smear Campaign'
TP-Link Systems Inc. has filed suit in Delaware federal court, accusing rival Wi-Fi hardware maker Netgear Inc. of again pushing an "unlawful smear campaign" that falsely casts TP-Link products as infiltrated by the Chinese government, despite agreeing in a recent settlement that it would no longer make disparaging claims about TP-Link's business.
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November 18, 2025
Delaware Chancery Atty Fee Awards Under Fire In New Report
Attorney fees in Delaware's Court of Chancery lack "consistent benchmarks" and, for big awards, may fail to reflect "risk or performance," according to a report Tuesday that potentially ratchets up pressure on state lawmakers wary of jeopardizing Delaware's standing as the national hub for corporate law disputes.
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November 18, 2025
Merck Wins Final PTAB Fight Against Johns Hopkins
The Patent Trial and Appeal Board invalidated a cancer treatment patent owned by Johns Hopkins University, marking a full victory on the nine challenges Merck Sharp & Dohme LLC initiated against the university's patents.
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November 18, 2025
Pa. Justice Spots 'Slippery Slope' In Trafficking Coverage Row
Justices on Pennsylvania's Supreme Court seemed wary Tuesday of creating a "slippery slope" where alleged violations of criminal law could be used by insurers to deny coverage under a "public policy exception," scrutinizing a suit in which insurers wanted out of defending a Philadelphia hotel accused of ignoring sex trafficking.
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November 18, 2025
11th Circ. Won't Revive Oil Contract Suit Against Siemens
The Eleventh Circuit has upheld the dismissal of a Saudi company's business interference complaint against Siemens Energy Inc. because Siemens, as the owner of the company's joint venture partner, was not a stranger to the agreement.
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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.
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.