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Commercial Contracts
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May 12, 2025
Jury Clears Energy Co. Of Interference In Costa Rica Oil Lease
A Denver jury on Monday found that a South Dakota energy company did not interfere with a subsidiary's alleged promise to turn over ownership of a Costa Rican oil and gas concession, concluding a retrial after a court threw out an earlier $42 million verdict against the company.
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May 12, 2025
Billionaire Vik Sues To Reclaim Software Co. Ownership
Norwegian billionaire Alexander Vik has added another thread to a web of litigation arising from unfulfilled margin calls during the 2008 financial crisis, suing several Indiana-based businesses to reclaim a software company that was sold under court order to partially satisfy a $243 million judgment in favor of Deutsche Bank AG.
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May 12, 2025
Asbestos Spiked Cost To Demolish Power Plant, Suit Says
A subcontractor doing demolition at a former Boston power plant undergoing redevelopment says it is owed more than $22 million for additional work after finding hidden pockets of asbestos in multiple locations.
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May 12, 2025
Redfin Shareholder Sues To Block $1.75B Rocket Cos. Merger
A shareholder has hit Redfin Corp. and several members of its top brass with a class action in Washington state federal court, seeking to block the real estate technology company's planned merger with Rocket Cos. by alleging the merger's proxy statement is false and misleading.
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May 12, 2025
InterDigital Fights Disney's Injunction Bid In Patent Feud
InterDigital has urged a California federal court to reject Disney's request for an injunction, arguing that the company cannot block its Brazilian patent lawsuit because the patents at issue are unrelated to any of the International Telecommunication Union's reasonable and nondiscriminatory obligations.
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May 12, 2025
Zazzle Can't Dodge Copyright Claim Over Fonts, Judge Says
A California federal judge has axed fraud claims in a suit claiming online marketplace Zazzle Inc. profits from stolen intellectual property and fails to fairly compensate design owners, but said it couldn't dodge a copyright claim.
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May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement
A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.
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May 12, 2025
Kraft Heinz, IPS Head To Trial Over $12.5M Project Dispute
Neither Kraft Heinz Co. nor contractor Industrial Power Systems Inc. can avoid continuing toward a trial in their dispute over cost and time overruns on a $12.5 million project to upgrade an Ohio production facility, after a federal judge denied both sides' motions for summary judgment Monday.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Cadwalader Drops Data Breach Coverage Suit Against Lloyd's
Cadwalader Wickersham & Taft LLP and a Lloyd's of London syndicate it sued seeking coverage for litigation stemming from a 2022 data breach have agreed to end their dispute in North Carolina's business court with prejudice, according to a joint stipulation from the parties.
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May 12, 2025
Police Can't Axe Game Co. Subpoena In Eckert Seamans Fight
A Pennsylvania federal judge on Monday rejected the Pennsylvania State Police's bid to completely avoid a subpoena from a skill games company suing Eckert Seamans Cherin & Mellott LLC for an alleged conflict of interest, but noted that the department raised legitimate concerns about the subpoena's scope.
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May 12, 2025
Bradley Arant Faces DQ Bid In Georgia Mall Rent Dispute
A mall has urged a Georgia federal judge to disqualify Bradley Arant Boult Cummings LLP from representing a tenant in an unpaid rent dispute, arguing that the law firm has a conflict of interest because it has represented the mall's sister corporation in similar litigation.
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May 12, 2025
Broker's Insurer Wants Out Of Suit Over Bad Advice
A professional liability insurer told a Florida federal court it owes no coverage to an insurance broker accused of wrongly advising its client on a $15.9 million hurricane loss because the advice came years before coverage began.
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May 12, 2025
Toll Bros. Must Face Counterclaims In $12M Security Sale Suit
The home security arm of Pennsylvania-based homebuilder Toll Brothers can't make any further cuts to the counterclaims from Security Systems Inc. in a $12 million lawsuit over the latter's purchase of nearly 10,000 customer accounts, a Connecticut state court judge ruled Friday.
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May 12, 2025
2nd Circ. Sides With Subway In Russia Franchisee Arbitration
The Second Circuit on Monday affirmed two arbitration awards that allowed sandwich chain Subway International BV to sever ties with its former Russian franchise owner.
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May 12, 2025
AI Training May Need Licensing, Copyright Office Says
Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.
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May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit
An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
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May 09, 2025
FTC Says Amazon Hid Doc Calling Bezos 'Dark Arts Officer'
The Federal Trade Commission has urged a Seattle federal court to impose punitive sanctions on Amazon in the commission's lawsuit accusing the e-commerce giant of trapping consumers into Prime subscriptions, saying Amazon withheld tens of thousands of documents in bad faith by baselessly claiming the documents were privileged.
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
NYC Deed Theft Schemer Convicted On 18 Counts
The final of five co-conspirators accused of running a deed theft ring that stole three properties worth $1 million from elderly homeowners was convicted by a Queens jury, New York Attorney General Letitia James announced on Friday.
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May 09, 2025
Calif. Bar Seeks Provisional Licenses And More For Exam Snafu
California Bar trustees voted on Friday to ask the state Supreme Court to grant provisional licenses to the hundreds of applicants who did not pass the tumultuous February bar exam, which was rife with technical, proctoring and procedural issues.
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May 09, 2025
Cannabis Co. Wins Bid To Block Lender From Seizing Cash
A New Jersey federal judge on Friday granted a cannabis company's bid to block its lender from seizing any of its assets or cash amid a dispute over whether it defaulted on loans to build its business, ruling that the company was likely to succeed on its claims after an evidentiary hearing.
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May 09, 2025
Texas High Court Says Writing Trumps Verbal Drilling Deal
The Texas Supreme Court handed a victory to an energy company that sold mineral rights it had acquired for about $5 million, reversing a state appeals court in a Friday opinion finding that supposed oral agreements didn't prevent the resale.
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May 09, 2025
NY Developer Denied More Time To Pay SEC $229M Settlement
A New York federal judge denied a motion by a real estate developer and his wife to extend the deadline for a $229.6 million payment required under a consent judgment with the SEC to settle claims they had schemed to raise money from hundreds of Chinese investors using false statements.
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Considering European-Style Lockboxes For US M&A In 2025
The lockbox mechanism, commonly used in Europe, offers an attractive alternative to the postclosing price adjustments that dominate U.S. merger and acquisition transactions in private equity, particularly with the market's demand for transparency likely to remain steadfast under Trump, says Laurent Campo at Potomac Law.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Why Asset-Based Loans May Suit PE Companies In 2025
As the prospect of higher tariffs and interest rates expands the need for liquidity, private equity investors would do well to explore the timing and provisions of asset-based loans offered in the burgeoning credit-fund sector, say attorneys at McDermott.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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Adapting Force Majeure To A Predictably Unpredictable World
As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.