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Commercial Contracts
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
Texas Court Says Landowner Doesn't Have To Sell $22M Plot
A Texas Business Court judge ruled that a landowner doesn't have to go forward with a previously planned $22.5 million sale of 20.8 acres of land because the buyer terminated the deal.
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November 13, 2025
Wash. Court Upholds Pot Shop's $1.4M Win In Fraud Case
A Washington state cannabis entrepreneur and his associates must pay every bit of a $2.6 million judgment over claims he siphoned profits from a marijuana dispensary he was contracted to manage, a state appellate court ruled Wednesday, finding no fault with the bench trial and rejecting challenges to the plaintiff's forensic accounting expert.
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November 13, 2025
Contract 'Mystifies' Judge Weighing Ammo Tech Secrets Suit
A North Carolina Business Court judge appeared mildly vexed at the terms of an employment contract underpinning an ammunition technology trade secrets suit, acknowledging in a Thursday hearing that "it's not the best worded contract in the history of the world."
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November 13, 2025
Deutsche Bank Denies Forum Shopping In Norway Vik Suit
Deutsche Bank AG pushed back Thursday against an allegation that its lawsuit targeting billionaire Alexander Vik and his daughter in Norway is an "egregious exercise of international forum shopping," urging a Connecticut state court not to order an end to the foreign litigation arising from an asset sale.
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November 13, 2025
Wachtell-Led Pfizer Closes Metsera Deal Worth Up To $10B
Pfizer Inc. said Thursday that it has successfully completed its acquisition of Metsera Inc., securing the obesity drug developer after a tumultuous bidding war with Novo Nordisk and court fights that redirected the deal in Pfizer's favor.
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November 13, 2025
Insurers Say No Coverage For Conn. Quarry Closure Dispute
A pair of Allied World insurers said they don't owe coverage to East Haven, Connecticut, for a dispute over the politically motivated shutdown of a local quarry, telling a federal court that their duty to defend under the policies was never triggered.
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November 13, 2025
Virtua, Trinity Health Reach Deal Over $12M Legal Bill
Virtua Health Inc. has reached a deal to settle its claims that Trinity Health Corp. backed out of an agreement to cover $12 million in counsel fees and costs incurred in a legal fight with a rival healthcare system, according to a New Jersey federal court order dismissing the suit with prejudice.
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November 12, 2025
11th Circ. Grounds DOT's Delta, Aeromexico JV Split Order
The Eleventh Circuit Wednesday halted the U.S. Department of Transportation's order directing Delta Air Lines and Aeroméxico to scuttle their joint venture by Jan. 1, while the airlines pursue their petition asking the appellate court to void the government's order.
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November 12, 2025
Construction Co. Seeks Exit From $22M Barn Fire Suit
A construction company facing an insurer's $22.4 million subrogation action over a poultry barn fire said the insurer can't support its causation theory, telling a Nebraska federal court Wednesday "a choice of possibilities is insufficient to raise a triable issue to a jury" under state law.
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November 12, 2025
Adult Webcam Owner Says Illegal Thailand Studio Cost $1.5M
A Florida adult webcam operator moved his family to Thailand and spent hundreds of thousands of dollars setting up a studio only to learn that production in the country is illegal, his business claims in a lawsuit against the streaming platform that it says encouraged the plan.
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November 12, 2025
Colo. Hemp Farmers' Subpoena 'Premature' In $200M Suit
A Colorado federal judge quashed two hemp growers' subpoena against a state solar company Wednesday and similarly shot down their attempt to force another solar company to produce certain documents in their lawsuit alleging that the company caused $200 million in crop damage while constructing a solar panel project.
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November 12, 2025
Sandoz Tells 3rd Circ. To Restore Full $137M Win Over UTC
Sandoz Inc. and its marketing firm RareGen LLC urged a Third Circuit panel on Wednesday to reinstate the full $137.2 million awarded in breach of contract damages against United Therapeutics Corp., claiming a lower court's decision to halve the damages provided a windfall to their adversary.
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November 12, 2025
NASCAR Can't Oust Teams' Damages Expert In Antitrust Trial
NASCAR can't block a damages expert from testifying at trial about potentially hundreds of millions of dollars in losses supposedly suffered by two teams suing the stock car racing company for alleged antitrust violations, a North Carolina federal judge ruled Wednesday.
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November 12, 2025
Judge Confirms $620K Award In Radiology Contract Dispute
A Georgia federal judge on Wednesday upheld a $620,000 arbitration award in favor of an Indian teleradiology company against a radiology provider, rejecting the latter's bid to vacate the decision by claiming an arbitrator misinterpreted their long-standing services agreement.
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November 12, 2025
King & Spalding Helps Atlanta Land Pro Women's Soccer Club
Atlanta will become the latest city to claim its own National Women's Soccer League team with the award of a new franchise Tuesday to the sports empire helmed by Home Depot co-founder Arthur Blank, in a deal guided on the team's side by King & Spalding LLP.
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November 12, 2025
4th Circ. Sides With Father-Son Duo In Equity Fight
A company that makes elevated stairs on Wednesday lost its appeal at the Fourth Circuit following various rulings against it in a suit it lodged against its co-founder and his son over a soured business venture involving the design of the business's sole product.
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November 12, 2025
Federal Judge Says Lack Of English Can't Undo $5.3M Award
A Florida federal judge on Wednesday recommended that a $5.3 million arbitration award against an Illinois sugar company be granted in a contract breach case, finding that its previous counsel's ineffective representation due to his improper English wasn't sufficient to undo the award.
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November 12, 2025
9th Circ. Says Finance Guru Ramsey Can't Arbitrate Fraud Suit
A Ninth Circuit panel rejected celebrity financial planner Dave Ramsey's bid to force arbitration in a proposed class action accusing him of roping radio show listeners into a timeshare exit scheme, concluding Wednesday the suit isn't tied to the consumers' contract with Reed Hein & Associates.
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November 12, 2025
Marathon Prevails In Texas Business Court Gas Contract Trial
A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.
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November 12, 2025
Conn. Judge Won't Stop Deutsche Bank's Vik Suit In Norway
A Connecticut federal judge declined Wednesday to put an end to litigation that Deutsche Bank AG brought against billionaire Alexander Vik and his daughter in Norway, deferring instead to a state court judge who is considering the same request.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Disney, ESPN Move To Nix Trade Secret Suit Over Sports App
Disney and ESPN asked a New York federal judge Friday to end a tech startup's trade secrets misappropriation suit accusing them of using confidential information to launch a rivaling sports aggregation app that curates game-viewing options, arguing the parties' nondisclosure agreement doesn't prohibit them from independently developing similar products.
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November 10, 2025
NJ Panel Revives Compensation Case In $95M Real Estate Deal
A New Jersey appellate panel revived a dispute Monday over whether a Manhattan real estate executive was fully compensated for his work on a $95 million redevelopment project, ruling that a trial judge wrongly granted summary judgment despite ambiguities in the parties' complex profit-sharing agreement.
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November 10, 2025
Fiber Optics Co. Should Refile Antitrust Claims, Judge Says
A Texas federal judge said Monday a fiber-optics company should be required to refile its copyright infringement and antitrust claims against Parker-Hannifin Corp., but that a trade secret misappropriation claim should be left to stand as is.
Expert Analysis
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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.
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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.