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Commercial Contracts
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November 04, 2025
Calif. Justices Doubt 'Illegible' Arb. Pact Is Enforceable
California Supreme Court justices Tuesday doubted that an employer's "illegible" arbitration agreement is enforceable, with multiple justices observing that it's impossible to read terms of the contract at issue, which had been photocopied so many times the words are blurry.
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November 04, 2025
Venezuela's PDVSA Seeks Rehearing On Rig Seizure Claims
Venezuela's state-owned oil company is asking the D.C. Circuit to revisit its ruling from last month ordering the company to face allegations it unlawfully seized an Oklahoma-based petroleum contract drilling company's rigs more than a decade ago, saying the ruling risks "diplomatic friction."
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November 04, 2025
NASCAR Has Monopoly, Judge Rules Ahead Of Antitrust Trial
NASCAR has a monopoly over premier stock car racing, a North Carolina federal judge ruled late Tuesday in handing two teams — including one owned by basketball legend Michael Jordan — a pretrial win on what the judge described as "two core elements" of their antitrust case.
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November 04, 2025
Clippers Owner, BakerHostetler Named In Fintech Fraud Suit
Nearly a dozen investors have filed an amended lawsuit in California state court alleging Los Angeles Clippers owner Steve Ballmer and others, including BakerHostetler, helped financial technology company Aspiration Partners Inc. defraud them by propagating a false narrative that the business was financially solvent.
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November 04, 2025
Ga. Panel Mulls Courts' Leeway To Alter Restrictive Covenants
A Georgia appeals court pressed attorneys Tuesday for answers on how trial judges should determine how or when to modify restrictive covenants, during oral arguments on a motorcycle dealership chain's push to enforce a noncompete against its former chief operating officer.
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November 04, 2025
Insurer Must Turn Over Docs In $6.8M Fraud Dispute
An electronic payments company's insurer must turn over claim files and underwriting materials as they continue to litigate whether the company's roughly $6.8 million loss from two fraud schemes falls within its policy's coverage for "computer fraud," an Iowa federal court ruled Tuesday.
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November 04, 2025
Feds Tell 11th Circ. Delta, Aeromexico Can't Halt JV Split Order
The Trump administration fired back at Delta Air Lines and Aeromexico's Eleventh Circuit bid to freeze a U.S. Department of Transportation order directing them to scuttle their joint venture by Jan. 1, saying the airlines' contention that it'd be too burdensome to disentangle their networks is overblown.
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November 04, 2025
States' Zillow, Redfin Suit In Va. Paused Amid Gov't Shutdown
A Virginia federal judge has granted a joint motion to pause an antitrust suit filed by Virginia and four other states against Zillow Group Inc., Zillow Inc. and Redfin Corp., ruling the suit will be paused until the current federal government shutdown ends.
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November 04, 2025
Ice Cube, Co. Didn't Pay For Video Shoot Work, Suit Claims
A video company and rapper Ice Cube failed to pay a crew member who worked briefly on one of the rapper's music videos, a lawsuit in California state court claims.
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November 04, 2025
Grindr Gets Teen Death Suit Sent To Arbitration
A Florida federal judge has sent to arbitration a suit against Grindr LLC over the death of a 16-year-old girl who was lured in by a 35-year-old man on the platform, finding that federal law does not block arbitration here.
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November 04, 2025
Ohio School Says Liberty Mishandled Roof Collapse Claim
A Liberty Mutual unit must cover losses stemming from a roof collapse at a high school after a heavy snowfall, an Ohio school district told a federal court, saying the insurer's handling of the claim prolonged the building's exposure to the elements and worsened the damage.
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November 04, 2025
Novo Nordisk Boosts Metsera Bid To $10B After Pfizer Suit
Metsera Inc. said Tuesday its board has determined that a sweetened offer from Novo Nordisk is a superior proposal to its existing merger agreement with Pfizer Inc., as the pharmaceutical takeover battle continues amid revised bids and a pending lawsuit.
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November 04, 2025
Pfizer Can't Freeze $9B Weight-Loss Drug Fight For Now
A Delaware vice chancellor on Tuesday declined for the moment Pfizer Inc.'s emergency request to put Novo Nordisk's $9 billion bid for Metsera Inc. on hold, saying the time isn't yet at hand for the court's intervention in a fight for control of the developer of GLP-1 weight-loss drugs.
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November 03, 2025
DC Circ. Skeptical Of Challenge To $47M NAFTA Award
An attorney for Mexico fought an uphill battle on Monday trying to convince a D.C. Circuit panel to vacate a $47 million arbitral award to a Canadian lender based on an argument that the arbitrators misinterpreted part of the North American Free Trade Agreement.
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November 03, 2025
'Pay-To-Pay' PenFed Fee Class Scores Cert. In West Virginia
A West Virginia federal judge granted certification Monday to a class of borrowers who claim Pentagon Federal Credit Union illegally charged them a $5 fee for making loan payments by phone or online, finding that the class meets all the requirements for certification.
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November 03, 2025
FINRA Fines Firm $10M Over Excessive Client Gifts
The Financial Industry Regulatory Authority accused Illinois-based securities wholesaler First Trust Portfolios LP of repeatedly violating gift-giving rules to incentivize clients to sell its products, fining the firm $10 million for buying clients tickets to sporting events and concerts "that significantly exceeded FINRA limits."
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November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win
U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
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November 03, 2025
Memphis Airport Sues Signage Co. Over $9M Contract
The owner and operator of Memphis International Airport has told a Tennessee federal court that a Nebraska company failed to deliver on a $9.4 million airfield signage replacement project, alleging the work has been plagued by chipping and peeling paint.
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November 03, 2025
Equipment Breakdown Insurers Needn't Cover Iron Plant Loss
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
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November 03, 2025
'Exercise More Restraint,' Judge Tells OpenAI Co-Founder
A California federal judge had little patience for an OpenAI co-founder trying to limit his forced participation in Elon Musk's lawsuit challenging the ChatGPT maker's transition to a for-profit structure, admonishing the former executive for contesting a magistrate judge's order with motions filed while federal courts work unpaid.
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November 03, 2025
Suit Claims Cos. Fraudulently Charging 'Zombie' Loan Interest
A proposed class of borrowers is accusing a mortgage servicer and a debt owner in Virginia federal court of fraudulently charging them thousands of dollars of retroactive interest fees for their "long-dormant," "zombie" mortgage loans.
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November 03, 2025
Intel Says Engineer Absconded With Top Secret Files
Intel Corp. has accused a former engineer of stealing nearly 18,000 files, including some marked as "top secret," before his employment was terminated in July, according to a lawsuit filed in Washington federal court.
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November 03, 2025
Pfizer Hits Novo Nordisk In Fed. Court Over $9B Metsera Deal
Pfizer Inc. moved its merger battle with Novo Nordisk into Delaware federal court Monday, accusing the Danish drugmaker of orchestrating an unfair deal to put a "stranglehold" on the fast-growing American GLP-1 weight-loss drug market.
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November 03, 2025
Fla. Pain Doc Was 'Pawn' In Kickback Scheme, 11th Circ. Told
A Florida pain management doctor on Monday urged the Eleventh Circuit to reverse his conviction in a conspiracy to accept kickbacks for prescribing a liquid fentanyl drug, arguing that he was merely a "pawn" in the scheme.
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November 03, 2025
Cannabis Cos. Allege Hinckley Allen Malpractice Cost $25M
A group of cannabis companies have claimed that Hinckley Allen & Snyder LLP's alleged malpractice stemming from the purported decision to prioritize the personal interests of a manager in a 2017 investor suit ended up costing them over $25 million in damages.
Expert Analysis
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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.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.