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Commercial Contracts
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December 03, 2025
NASCAR Contracts Sped Up Team's Financial Woes, Jury Told
The longtime owner of a race team suing NASCAR for antitrust violations alongside fellow team owner Michael Jordan told a federal jury in North Carolina Wednesday that his team has never turned a profit in 22 years, with the losses allegedly worsening after the advent of the charter system.
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December 03, 2025
5th Circ. Skeptical Ex-NFL Player Can Keep $1.86M Fee Award
A Fifth Circuit panel expressed skepticism that ex-NFL running back Michael Cloud can collect $1.86 million in attorney fees from the National Football League's retirement plan, saying Wednesday that even if Cloud won a "moral victory," he needed a merits victory to collect the fees.
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December 03, 2025
Chemours Monopolizing Refrigerant Market, Court Told
DuPont spinoff The Chemours Co. FC LLC is clutching on to monopolistic control of the refrigerant gas market in order to fend off a competitor's emerging gas reclamation business, the competitor's counsel told a North Carolina federal court in a Wednesday hearing.
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December 03, 2025
NY Judge Won't Nix Madagascar Plant Award
A New York federal judge has enforced an approximately $4 million arbitral award relating to a soured Madagascan power plant project, rejecting power developer Symbion and R.W. Chelsea Energie Ltd.'s assertions that the award should be nixed because the arbitrator allegedly disregarded key evidence.
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December 03, 2025
Seatrium Fights Maersk's Wind Farm Contract Termination
A Singapore-headquartered energy engineering company has initiated arbitration proceedings against a Maersk Offshore Wind affiliate over a terminated $475 million deal, saying it breached their contract for a turbine installation vessel at a wind farm project off the coast of New York.
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December 03, 2025
Hagens Berman Must Give Apple, Amazon Ethics Pros Docs
Hagens Berman Sobol Shapiro LLP must give Apple and Amazon all the communications it shared with outside ethics experts as the firm fought allegations that it hid a consumer plaintiff's desire to exit an antitrust case, a Washington federal judge has ruled.
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December 03, 2025
NuVasive Urges Del. Justices To Revive Officer Conflict Suit
A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.
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December 03, 2025
ITG Urges Del. Justices To Snuff $250M Reynolds Award
An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.
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December 03, 2025
UMB Bank Gets Partial Win In $80M Hard Rock Hotel Dispute
UMB Bank NA has been granted wins on some of its claims in a suit regarding a failed $80 million Hard Rock Hotel development project, with a Kansas federal court ruling that claims it did not properly reimburse the project developer's costs have already been decided in Minnesota court.
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December 03, 2025
Landlord Can't Nix $4M Jury Award Over Mugging, Shooting
A Florida appeals panel on Wednesday affirmed a $4 million judgment in favor of a renter who alleged that his landlord failed to protect him from a mugging in which he was shot four times, finding that the issue of whether the incident was foreseeable was properly put in front of a jury.
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December 03, 2025
Chevron Can Back Feds In Gulf Lease Dispute, Judge Says
A federal judge in Washington has allowed Chevron to join litigation that is seeking to block the first in a series of offshore oil and gas lease sales mandated by the budget reconciliation bill enacted in July, a transaction in which the oil giant intends to participate.
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December 03, 2025
Google Wants Justices To Pause Petition Pending Epic Deal
Google asked the U.S. Supreme Court to put its petition seeking review of the antitrust case from Epic Games over the distribution of apps on Android devices on hold while the district court considers a potential settlement.
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December 03, 2025
Ecuadorian Cocoa Co. Says Quebec Seller Must Arbitrate
An Ecuadorian cocoa supplier is asking a New York federal court to compel arbitration against a Quebecois chocolatier in a $2 million contract dispute, saying the Quebec company violated their contract by initiating litigation in its home province.
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December 02, 2025
NASCAR Tests Credibility Of Michael Jordan's Biz Partner
NASCAR on Tuesday sought to weaken the credibility of Michael Jordan's business partner, driver Denny Hamlin, with its attorney questioning whether Hamlin's public statements can be trusted following his court testimony that NASCAR forced him to paint a "rosy picture" of the league for fans.
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December 02, 2025
Canadian Court Blocks Binance's Hong Kong Arbitration Bid
A Canadian court has ordered Binance to stop pursuing arbitration in Hong Kong against two class representatives in litigation accusing the cryptocurrency exchange of illegally trading securities, pointing to an appeals court decision finding the arbitration agreement is unenforceable.
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December 02, 2025
Foxconn Ordered To Pay $8.45M Award Over Defective Phones
A Texas federal judge has enforced an arbitral award ordering major technology manufacturer Foxconn International Holdings to pay cellphone supplier Emblem Solutions $8.45 million in a dispute over allegedly defective phones.
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December 02, 2025
Crown Castle, Dish Spar Over Colo. Lease On Appeal
A Colorado appellate panel on Tuesday spent time drilling down on the wording of a lease agreement between Dish and several telecommunications infrastructure companies, with Crown Castle and others asking the panel to vacate a jury verdict in favor of Dish regarding its use of land and whether additional rent is owed.
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December 02, 2025
Cher Wins $187K In Royalties In Sonny Bono Estate Dispute
Actress and singer Cher was granted about $187,000 in royalties by a California federal judge who ruled that the money had been retained by her late ex-husband and one-time musical collaborator Sonny Bono's estate improperly.
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December 02, 2025
DOJ Tells Justices Duke Must Face 'Holistic' Antitrust Case
The Trump administration weighed in Monday on Duke Energy's bid to duck a rival's claims accusing the power giant of squeezing it out of the North Carolina market, telling the U.S. Supreme Court that the Fourth Circuit rightly revived the allegations by refusing to view them only "in isolation."
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December 02, 2025
PennyMac Can't Shed 'Pay-To-Pay' Borrower Class Action
Residential mortgage servicer PennyMac Loan Services LLC can't shed a proposed class action alleging it unfairly charged borrowers "pay-to-pay" fees, a North Carolina federal judge has said, saying the servicer's assertion that it doesn't collect or receive the relevant fees is an issue for a later stage in the proceedings.
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December 02, 2025
Elliott Says Millions Lost To Oil And Gas Venture Overcharges
Elliott Investment Management LP has accused SRP Capital Advisors LLC and a principal of misappropriating "tens of millions" from Elliott and other investors in an alleged scheme that began to emerge after a books and records suit in Delaware's Court of Chancery earlier this year.
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December 02, 2025
Oberon Says UK REIT Owes $40M Fee For Assura Takeover
A New York investment bank accused a healthcare-focused U.K. real estate investment trust and an affiliate of owing more than $40 million after the bank found a real estate portfolio acquisition target for the REIT, in a suit filed Monday in New York federal court.
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December 02, 2025
Startup's Accent Translation Trade Secrets Suit Can Proceed
A California federal judge has denied a technology company's attempt to escape a suit alleging it stole trade secrets related to an accent translation technology from an artificial intelligence startup, saying the tech company's insistence that its rival did not make enough of an effort to defend the secrets does not make for grounds to dismiss the case at this time.
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December 02, 2025
Judge Combines Antitrust Suits Against Zillow, Redfin
A Virginia federal judge has consolidated two separate antitrust suits filed by the Federal Trade Commission and multiple states against property listing companies Zillow Group Inc., Zillow Inc. and Redfin Corp.
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December 01, 2025
Bristol-Myers Must Face Trimmed $6.7B Celgene Investor Suit
A Manhattan federal judge Monday trimmed UMB Bank's lawsuit accusing Bristol-Myers Squibb of slow-walking the U.S. Food and Drug Administration approval process for three drugs to avoid paying shareholders $6.7 billion owed from its 2019 acquisition of Celgene Corp.
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.