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Commercial Contracts
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September 17, 2025
NCR Pushes For Full 11th Circ. Review In Pension Payout Spat
Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.
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September 17, 2025
Judge Probes Alleged Rivalry In Captive Insurer's Collapse
A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.
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September 17, 2025
Credit Investment Firm Sues UBS Over Naked Juice Loan Deal
A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.
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September 17, 2025
Conn. Gallery Owner Must Face 'Fake' Art Sale Claims
A Greenwich, Connecticut-based art seller should face a jury on claims that it sold a fake Keith Haring chalk drawing for $165,000 after vouching for its authenticity, a judge has ruled, denying a gallery's request for a quick win on eight of nine counts.
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September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
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September 17, 2025
Colo. Judge Denies ACE's Bid To Halt USA Cricket Split
A Colorado state judge refused Wednesday to stop USA Cricket from immediately ending its partnership with American Cricket Enterprises LLC, saying the sport's governing body must have a chance to be heard before deciding on ACE's request to maintain the agreement.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
Media Matters Again Denied Transfer Of X's Nazi Posts Suit
Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.
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September 17, 2025
Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec
SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.
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September 17, 2025
Billionaire Vik Eyes $11.5M Fee After Beating Deutsche Bank
A lawyer for billionaire Alexander Vik told a Connecticut appeals panel Wednesday that a judge should have followed Turks and Caicos Islands law to award more than $11.5 million in attorney fees when he beat Deutsche Bank in a long-running lawsuit that sought to collect on a $243 million judgment over unpaid margin calls.
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September 17, 2025
Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit
A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.
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September 17, 2025
Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules
Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.
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September 17, 2025
Anthropic, Reddit Spar Over Keeping AI Case In Federal Court
Artificial intelligence startup Anthropic has asked a California federal judge to keep Reddit's claims that user content is used to train large language models in federal court, saying that at least one of Reddit's claims are preempted by the Copyright Act and effectively arise from federal law.
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September 17, 2025
Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost
A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for more than $500,000 in damages, according to a lawsuit filed in New Jersey federal court.
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September 17, 2025
Fiat Chrysler, Supplier Resolve Dispute Over Pacifica Recall
Fiat Chrysler has reached a resolution in its lawsuit against a supplier the automaker alleged was responsible for a faulty part that spurred a recall, according to a stipulated order dismissing the case Tuesday.
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September 17, 2025
No Response From Insurers To Coverage Requests, Co. Says
A Seattle-based marine logistics company told a Washington federal court that a trio of marine insurers failed to issue a coverage opinion before it ultimately settled an arbitration earlier this year involving an $18.6 million counterclaim over vessel damage, adding that the insurers conducted no investigation, either.
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September 17, 2025
3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility
The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.
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September 17, 2025
Giuliani Must Pay Attys $1.4M After Missing Bills Claim Fails
A New York state judge has awarded nearly $1.4 million to Davidoff Hutcher & Citron LLP in its lawsuit accusing former New York City Mayor Rudy Giuliani of racking up unpaid legal bills for the firm's work in various criminal, civil and administrative matters.
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September 17, 2025
Charter Jet Co. Alleges GE Engine Defect Caused Fatal Crash
A charter flight company is suing General Electric Co., Bombardier Inc. and a group of airplane maintenance companies over a fatal crash, saying that GE's engine was defective and prone to corrosion that it didn't warn buyers about and which the maintenance companies failed to detect.
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September 17, 2025
Yale Health System Settles $435M Hospital Sale Suit
Yale New Haven Health Services Corp., Connecticut's largest hospital system, has reached a settlement in principle with bankrupt Prospect Medical Holdings Inc. that would resolve a $435 million contract dispute over the sale of several hospitals in the state.
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September 16, 2025
Texas AG Probes Glass Lewis, ISS On ESG Advice
The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.
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September 16, 2025
Miami Hospital's Ex-COO Admits To Embezzling $4.3M
The former chief operating officer of the fundraising arm for a taxpayer-funded Miami health system pled guilty to a wire fraud charge in Florida federal court, admitting to embezzling $4.3 million from the nonprofit and receiving kickbacks after submitting false vendor invoices.Â
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September 16, 2025
Goldman, Morgan Stanley Beat Archegos Suit At 2nd Circ.
The Second Circuit on Tuesday upheld the dismissal of a lawsuit accusing Goldman Sachs and Morgan Stanley of profiting off insider knowledge that the investment firm Archegos Capital Management was about to collapse, ruling that the companies had no duty to withhold from trading on the information.
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September 16, 2025
Bakery Drivers Are Exempt From Arbitration, 2nd Circ. Told
Two Connecticut delivery drivers asked the Second Circuit on Tuesday to reverse an order sending their employment misclassification lawsuit to arbitration, arguing the Federal Arbitration Act doesn't apply to workers engaged in interstate commerce and cuts through contracts that purportedly cast them as independent contractors.
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September 16, 2025
Starbucks Resolves Swipe Fee Claims With BofA, Mastercard
Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards.Â
Expert Analysis
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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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.