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Commercial Contracts

  • June 25, 2025

    Aetna, CVS Slam Lab's Revised Suit Seeking $20.6M Payment

    Aetna and its owner, CVS Health Corp., say a medical laboratory's revamped lawsuit alleging that $20.6 million in invoices remain unpaid fares no better than an earlier version that led a Connecticut federal judge to show the lab the courthouse door earlier this year.

  • June 25, 2025

    Adviser's $300M Ponzi Dismissal Bid 'Specious,' Investor Says

    An investor who was roped into what the federal government has called a $300 million Ponzi scheme asked a Georgia federal judge Wednesday to keep their suit alive, arguing they shouldn't be subject to heightened pleading standards for a fraud claim they never made against a Peach State financial adviser.

  • June 25, 2025

    Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict

    An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.

  • June 25, 2025

    Spirit Flags Competition Concerns Over United-JetBlue Pact

    Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.

  • June 25, 2025

    Timberwolves' Contested Sale Gets NBA Owners' Approval

    NBA team owners have unanimously approved the $1.5 billion sale of the Minnesota Timberwolves and Lynx to a consortium led by former limited partners Marc Lore and Alex Rodriguez, advised by Wachtell Lipton Rosen & Katz and Sidley Austin LLP, in a deal they first reached in 2021.

  • June 25, 2025

    Hanford Contractor To Pay $6.5M To Settle Fraud Allegations

    A contractor tapped to manage and operate a tank farm holding millions of gallons of hazardous and radioactive waste at the Hanford nuclear site in Washington will pay $6.5 million to settle claims it overcharged the U.S. Department of Energy for labor hours, according to federal prosecutors.

  • June 25, 2025

    Biden WH Counsel, Civil Rights Atty Joins Cooley's DC Team

    A former associate White House counsel to President Joe Biden, who has worked in the Senate and in leadership roles in higher education, has joined the litigation team at Cooley LLP, having served alongside some of his new colleagues while representing victims of the 2017 white supremacist rally in Charlottesville, Virginia.

  • June 25, 2025

    Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft

    Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.

  • June 24, 2025

    Billy Crystal Sued By Manager's Widow Over Film Fees

    The widow of Billy Crystal's longtime manager sued the actor in California state court Tuesday, alleging he owes fees from his acting and voice-over work and arguing that the "When Harry Met Sally" star stopped paying her late husband's management firm two years ago in breach of an oral and implied contract.

  • June 24, 2025

    Cargo Explosion Prompts $32M Va. Suit Amid London Claim

    A freight operator has asked a Virginia federal court to let it seize approximately $32 million in maritime property as it pursues arbitration in London for that same amount of damages after its coal cargo exploded while aboard a vessel headed to China last November.

  • June 24, 2025

    9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit

    Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.

  • June 24, 2025

    MLB Star Tatis Sues Over 'Predatory' Future Earnings Deal

    San Diego Padres star Fernando Tatis Jr. filed a lawsuit Monday in California state court alleging that a future earnings deal he signed with Big League Advance when he was a minor league baseball player is an illegal, predatory loan that could cost him $34 million. 

  • June 24, 2025

    Chancery Won't Let Nielsen Spinoff Block Access To Data

    Nielsen Holdings Ltd. won a temporary restraining order in Delaware's Court of Chancery Tuesday blocking a spun-off consumer intelligence venture from denying access to data used by Nielsen and another company that it intends to sell to the dissenting spinoff's competitor.

  • June 24, 2025

    Ex-Inmate's Debit Fee Class Action Cleared For Trial

    A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.

  • June 24, 2025

    Sirius XM Fee Suit Undermined By Site Changes, Judge Hints

    A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.

  • June 24, 2025

    Visa Can't Duck DOJ's Debit Card Monopoly Case

    A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.

  • June 24, 2025

    Another Musk Case, Another Judge Recusal

    A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.

  • June 24, 2025

    No Coverage For Oil Co. Accused Of Pipe Scheme, Court Told

    Everest Indemnity Insurance Co. is asking a southern Texas federal court to rule that it is not required to indemnify a Houston energy equipment company accused of defrauding an oil and gas operator through faulty pipes.

  • June 24, 2025

    D&O Insurer Must Cover Investor In Merger Dispute

    A directors and officers liability insurer had a duty to defend and indemnify a venture capital investor in a now-resolved lawsuit over the sale of a company immediately after a merger, a California federal court ruled, finding a dilution-of-shares exception in an exclusion applicable.

  • June 24, 2025

    Mich. Court Says Nonprofit Can't Co-Own Power Project

    A Michigan state appellate court on Monday found that the Michigan Public Power Agency's electric transmission lines lack the physical connection required under a 2021 law to co-own two new electric grid upgrade projects, marking the first time an appellate court has tackled the relatively new infrastructure statute.

  • June 24, 2025

    Boeing Says COVID-Era Docs Needed In Suit Over 737 Sales

    Boeing is urging a Washington federal court to compel a defunct South African airline to turn over documents about its financial state and the effects of the COVID-19 pandemic on its business from 2019 to 2021, as the plane maker fights a suit alleging it hid the flaws of its 737 Max line.

  • June 24, 2025

    UPenn Prof Can't Avoid Discipline Over Provocative Remarks

    A Philadelphia federal judge has denied a University of Pennsylvania law professor's attempt to stop her impending one-year suspension from teaching, saying the professor failed to demonstrate she would suffer irreparable harm from the school's disciplinary actions.

  • June 24, 2025

    Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit

    A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.

  • June 23, 2025

    CBS Says Trump's $20B Suit Doesn't Belong In Texas

    Paramount Global and CBS Broadcasting told a Texas federal judge President Donald Trump's $20 billion lawsuit accusing the network of deceptively doctoring a "60 Minutes" interview with Kamala Harris belongs outside the Lone Star State, saying in a Monday brief the interview took place "nearly two thousand miles from this courthouse."

  • June 23, 2025

    9th Circ. Revives Antitrust Counterclaims Against CoStar

    A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.

Expert Analysis

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • Anticipating Calif. Oversight Of PE Participation In Healthcare

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    A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

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