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Commercial Contracts
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December 09, 2025
Justices Told To Not Review Who Can Protest Gov't Contracts
A company selected for a $376.4 million military contract urged the U.S. Supreme Court to not disturb the Federal Circuit's decades-old statutory interpretation that an "interested party" in procurement disputes is restricted to actual or prospective bidders.
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December 09, 2025
Co-Founder Gave Up Stock Rights, Weapons Co. Tells Chancery
Armaments Research Co. Inc., a weapons analytics company that uses AI, told the Delaware Chancery Court on Tuesday that its co-founder relinquished the contractual rights he now seeks to enforce over the valuation of his repurchased shares.
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December 09, 2025
Amazon Still Can't Claw Back FTC Probe Documents
A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."
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December 09, 2025
NJ Builder Says Court Can Decide Tunnel Labor Row
The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.
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December 09, 2025
Marsh Rival Wants Out Of Employee Poaching Scheme Suit
An insurance company accused by Marsh & McLennan Agency of poaching an employee has asked a Manhattan federal judge to dismiss Marsh's suit, saying the court had no jurisdiction because the claims had not been sufficiently tied to New York.
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December 09, 2025
Sens. Propose NIL Accounts To Help Students Grow Earnings
Two U.S. senators introduced legislation Monday to allow the growing number of college student-athletes inking name, image and likeness deals with companies to create tax-advantaged investment accounts to save some of their earnings.
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December 08, 2025
NASCAR Owes Teams $364M For Monopoly Harm, Jury Told
Two NASCAR teams — including one owned by Michael Jordan — are seeking more than $364 million in damages from the private stock car racing organization in their lawsuit claiming the league made it impossible for a rival series to form, the teams' expert testified Monday.
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December 08, 2025
X Claims Engineer Stole 6M Lines Of Code To Launch New Co.
X Corp. is accusing a fired software engineer of stealing trade secrets to start her own company, alleging in a federal lawsuit that she exploited upheaval following Elon Musk's April 2022 purchase of the Twitter social media platform to download 6 million lines of proprietary source code.
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December 08, 2025
4th Circ. Backs EIDP In Dispute Over Annuity Reductions
The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.
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December 08, 2025
Ex-Archetype Capital Exec Hit With Trade Secret Injunction
A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system.
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December 08, 2025
Ex-Josh Cellars President Fights Gibson Dunn Withdrawal Bid
The former president of the company behind the Josh Cellars wine brand disputed Gibson Dunn & Crutcher LLP's version of events around his allegedly unpaid legal bills, saying he has questions about the reasonableness of the firm's charges, which must be arbitrated per his contract with the firm.
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December 08, 2025
Cuts To Colo. Disability Transit Service Unlawful, Suit Says
A Colorado public transit agency's cuts to a program that provides disabled individuals with free fares and subsidized ride-share services runs afoul of state and federal discrimination law, a disability-rights organization and two disabled riders alleged in a lawsuit filed in federal court.
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December 08, 2025
Borrower's Class Suit Says Tribal Lender's Rates Are Usurious
A tribal lending entity accused of charging customers illegal interest rates ranging from about 500% to 700% does not have any legitimate connection to a Native American tribe, a proposed class has claimed in Kentucky federal court.
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December 08, 2025
Litigation Funder Says Attys Hid Deal To Evade $1.5M Payout
A Florida-based litigation funder has sued two California attorneys and a law firm, alleging they secretly settled a client's civil dispute and steered the money so they wouldn't have to repay over $1.5 million.
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December 08, 2025
Israeli Meat Co. Owes $35M For NC Facility, Court Told
An Israeli venture capital-backed cultivated meat company breached a payment agreement for work on its inaugural facility in North Carolina and now owes the builder over $35 million, according to a lawsuit filed in North Carolina federal court.
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December 08, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions.
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December 05, 2025
Michael Jordan Tells Jury He'd 'Never Jeopardize' NASCAR
From North Carolina, at 6'6", Michael Jordan took the stand Friday in his race team's antitrust trial against NASCAR, telling a jury that he would never jeopardize the sport but that the teams and their drivers deserve more credit from their sanctioning body.
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December 05, 2025
Calif. Court Reverses Arbitration Denial In Injury Firm Dispute
A California state appeals court has reversed a lower court's decision denying an injury firm co-founding partner's petition to compel arbitration in a dispute with his former law partner over referral and attorney fees, finding that an arbitration clause may be enforceable.
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December 05, 2025
Factory Mutual Sued For $14M In Lost Power Plant Revenue
A power plant owner hit Factory Mutual Insurance Co. with a suit in New York federal court alleging the insurer wrongly withheld at least $14 million in coverage for lost revenue following an outage.
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December 05, 2025
LA Pot Regulators Escape License Revocation Lawsuit
A cannabis entrepreneur can't proceed with a lawsuit accusing the city of Los Angeles of wrongfully taking away her business license, preventing her from operating three long-standing medical marijuana dispensaries, a California state judge has ruled, finding that she never owned most of the licenses.
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December 05, 2025
Skybound Hit With $4M IP Theft Suit Over 'Stray' Videogame
Skybound Game Studios stole video game designer iam8bit's trade secrets and confidential information to negotiate a deal behind its back to launch "Stray" for the Nintendo Switch with a publisher while cutting iam8bit out of the profits, according to a $4 million fraud suit filed in California state court.
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December 05, 2025
Man Says Insurer Served Shooting Coverage Suit Too Late
The father of a mass shooter said his home insurer failed to serve him timely with a suit seeking to avoid coverage for an underlying action brought by the shooting victims and family members of decedents, telling a North Carolina federal court that the claims against him must be tossed.
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December 05, 2025
COVID Loss Insurance Suit Trimmed, But Eateries Can Refile
A North Carolina federal judge trimmed two of four claims in a COVID-related insurance coverage lawsuit filed by four restaurants against Cincinnati Insurance Co. after the insurer denied coverage for financial losses during the pandemic, but told the restaurants they could refile their complaint.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Pharma Co. Says Ex-Staff Used Secrets To Compete
Pharmaceutical supplier New Life Medicals (USA) Inc. told a North Carolina state court that a former warehouse manager, a freelance contractor and a business partner conspired to steal confidential information to form a competing venture only 10 miles away.
Expert Analysis
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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.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.