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Commercial Contracts
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November 14, 2025
DC Circ. Mulls Reviving Guinea $21M Award Suit
A D.C. Circuit panel on Friday appeared open to reviving a Seychelles company's bid to enforce an arbitral award of more than $21 million against the Republic of Guinea, focusing oral arguments on whether the country "made" the underlying arbitration agreement even if it wasn't a party to it.
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November 14, 2025
Colo. Energy Co. Says It's Out $750K Due To Faulty Meters
A Colorado energy and gas company sued a Canadian company, saying the defendant sold it nearly $750,000 worth of faulty multiphase flow meters and ignored requests for a refund.
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November 14, 2025
Texas Justices Wall Off Shareholder Claims Against 3rd Party
The Texas Supreme Court found that individual shareholders have no right to bring direct claims against an outside party that has an agreement with the shareholders' company, saying Friday that they instead must file suit on behalf of the company they hold ownership in.
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November 14, 2025
Ethiopian Importer Asks Court To Enforce $5M Arbitration Win
An Ethiopian import company has asked a California federal court to enforce a $5.3 million arbitral award against a medical supply company following a dispute over a botched contract.
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November 14, 2025
Junior Hockey Players Fight Wage Case Dismissal In Appeal
Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.
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November 14, 2025
Calif. Properties Off-Limits For Now In $300M Award Fight
A New York federal judge won't allow a group of companies to take over two multimillion-dollar Napa Valley, California, properties in their bid to enforce a more than $300 million arbitral award in their dispute with fellow shareholders of a Latin American telecommunications company.
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November 14, 2025
Employers Urge Justices To Reverse DC Circ. Pension Ruling
Employers that withdrew from a union pension fund urged the U.S. Supreme Court to reverse the D.C. Circuit's holding on actuarial assumptions requirements for calculating withdrawal liability, arguing the appellate court misread federal benefits law by deciding that a union pension plan could retroactively change assumptions.
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November 14, 2025
Fla. Court Nixes $120K Fee Award In Soured Real Estate Deal
A Florida appeals court on Friday reversed an award of $120,000 in attorney fees for the business partner of a real estate lawyer after an agreement to buy and operate an Orlando office building fell apart.
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November 14, 2025
Keesal Young Fights Stradley Ronon Bid To Ax Poaching Suit
Claiming that scheming and collusion is an "everyday" occurrence should not absolve a law firm from civil liability for poaching attorneys, California firm Keesal Young & Logan has told the Los Angeles County Superior Court, saying Stradley Ronon Stevens & Young LLP should not escape its suit on claims that its lawyer recruitment is normal.
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November 14, 2025
Taxation With Representation: Wachtell, Paul Hastings, Sidley
In this week's Taxation With Representation, Pfizer Inc. completes its acquisition of obesity drug developer Metsera Inc., motion and controls technologies company Parker-Hannifin Corp. acquires Filtration Group Corp., and fund administrator JTC PLC backs a cash offer in the billions from British private equity shop Permira.
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November 14, 2025
Photographer Sues Gilead For Continued Use Of Ad Images
A photographer sued Gilead Sciences Inc., claiming the pharmaceutical giant had used a set of images he'd taken for an advertisement series long after it knew its license for the photos expired.
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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.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.