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Commercial Contracts
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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.
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December 05, 2025
Biz Didn't Own Patent, Judge Rules, Sinking Suit Against Bank
A Texas federal judge has ruled that a patent-holding company did not actually own a patent it was asserting against a Canadian bank since the agreement transferring the patent rights to it was void as a matter of law, dismissing the company's allegations of infringement.
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December 05, 2025
Insurance Broker Accuses Ex-Producers Of Client, Info Theft
Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.
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December 05, 2025
American Bridge Loses Seattle Convention Center Dispute
A Washington federal judge has found American Bridge Co. "solely responsible" for months of delays in a Seattle convention center project, concluding that the firm botched a steel work subcontract from the start and broke its promises to the general contractor, a joint venture between Clark Construction Group and Lease Crutcher Lewis.
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December 04, 2025
Fed. Circ. Mulls If Switching $104M Verdict For $3 Was Fair
The Federal Circuit didn't seem to be buying Versata Software's argument Thursday morning that a Michigan federal judge made a big mistake by clearing a nearly $105 million trade secrets and breach of contract verdict it won against Ford and replacing it with just $3 in damages.
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December 04, 2025
'Gun At My Head': Jury Hears From NASCAR Contract Holdout
Team owners felt strong-armed into signing their 2025 race agreements with NASCAR despite the "egregious" terms, owner Bob Jenkins told a federal jury in North Carolina Thursday on his second day testifying in the high-profile antitrust case against the league.
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December 04, 2025
Judge Weighs Venue For $146M Chilean Hospital Award Feud
A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.
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December 04, 2025
Credit Bureaus Can't Duck Suit Over Excluded Medical Debt
A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.
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December 04, 2025
Geico Claims Cos. Ran $2.7M Medical Device Billing Scheme
Two New York companies exploited the state's no-fault insurance laws by fraudulently billing Geico more than $2.7 million for unnecessary durable medical equipment for drivers involved in auto accidents who could receive no-fault coverage, the insurer told a New York federal court Thursday.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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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.