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Commercial Contracts
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May 22, 2025
Ex-CEO Says Arrow Exec Joined Fraud After Pay Frustrations
The former CEO of a Colorado database company who pleaded guilty to a scheme to steal almost $2 million from Arrow Electronics testified on Thursday that his alleged co-conspirator at the company became a mutual collaborator in the fraud because he was unhappy with his pay and long hours.
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May 22, 2025
Firm Drops $500K Contract Suit Against Cannabis POS Co.
A federal judge in Seattle dismissed a breach of contract suit between cannabis payment tech companies over a final $500,000 payment in a deal to buy a rival.
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May 22, 2025
Gov't Presses High Court To Hear Activist Investor Suit
The federal government Thursday urged the U.S. Supreme Court to hear a case accusing a series of closed-end funds of shutting an activist investor out of its voting rights, arguing that the investor's lawsuit threatens to have an "unpredictable impact" on the private fund industry.
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May 22, 2025
FTC Can't Get Amazon Execs' Financials Yet In Prime Case
A Washington federal court has refused the Federal Trade Commission's request to immediately force several Amazon executives to turn over sensitive financial information, ruling the agency must instead wait until after trial in its case accusing the company of trapping consumers into renewing Prime subscriptions.
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May 22, 2025
Hungarian Co. Fights Croatia Delay Bid In $236M Award Case
A Hungarian energy company has urged a D.C. federal court to nix Croatia's bid to stay a lawsuit aimed at enforcing a $236 million arbitral award against the country a month after it lost a motion to dismiss the suit.
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May 22, 2025
Life Insurer Strikes $335K Deal In Data Breach Suit
A woman who said her personal information was potentially compromised in a 2023 data breach at a life insurance and financial planning company asked a Connecticut federal court to sign off on the parties' settlement agreement, which would create a $335,000 settlement fund to resolve her proposed class action.
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May 22, 2025
Sutter Health's $228.5M Antitrust Deal Gets Initial OK
A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."
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May 22, 2025
Settlement In Nationals' Ticket Bias Suit Gets Preliminary OK
A settlement providing restitution to baseball fans who sued the Washington Nationals for age discrimination in a ticket promotion targeting millennials and young professionals has been given preliminary approval by a D.C. federal judge.
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May 22, 2025
No COVID-19 Coverage For Hotel REIT, Texas Panel Affirms
A group of insurers has no obligation to cover an Austin, Texas-based real estate investment trust's pandemic-related losses, a state appellate court ruled Thursday, finding that a contamination exclusion in the REIT's policies unambiguously bars coverage.
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May 22, 2025
Servicer, BNY Seek Exit From Mortgage Statement Suit
Bank of New York Mellon and a mortgage servicing company have urged a Massachusetts federal court to permanently dismiss a proposed class action accusing them of trying to collect on post-bankruptcy liens, saying federal lending law does not obligate servicers to send mortgage statements to borrowers.
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May 22, 2025
2nd Suit Says Fla. Investigator Lied About Insurance Fraud
AÂ Florida man accused of insurance fraud after helping a roofing company sign up customers whose homes suffered hurricane damage has sued the criminal investigator who referred the charges, telling a federal court that the investigator fabricated facts and intentionally misled state attorneys.
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May 22, 2025
Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute
A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.
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May 21, 2025
Calif. Justices Weigh Strict Arbitration Fee Law's Validity
Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuse late payment.
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May 21, 2025
Colo. Judge Rules Atty Hid Assets To Evade Azar Judgment
A Colorado state judge has found that a former class action department head at Franklin D. Azar & Associates PC fraudulently transferred assets to her husband and parents to evade the firm's collection of a $1.2 million judgment for her efforts to market the department to other law firms.
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May 21, 2025
Zurich Gets Default Win In $4.6M Contractor Coverage Spat
Zurich American Insurance Co. doesn't owe coverage to two subcontractors accused of bungling work on a Georgia natural gas plant, a federal judge has ruled, granting the insurer a default win in its suit seeking to nullify a $4.6 million claim.
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May 21, 2025
Title Insurance Co. Fights Treasury All-Cash Resi Deals Rule
A title insurance company and a subsidiary have filed suit in Florida federal court challenging new reporting requirements for all-cash real estate closings, saying the rule exceeds the U.S. Department of the Treasury's Financial Crimes Enforcement Network's authority.
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May 21, 2025
DraftKings Denied 3rd Circ. Review In MLB Players' IP Case
A Pennsylvania judge on Wednesday denied a request from DraftKings Inc. to appeal to the Third Circuit the lower court's refusal to dismiss an intellectual property lawsuit that accuses the company of using players' images without permission, saying the issues raised are not appropriate for immediate appeal.
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May 21, 2025
What To Know Before VLSI, Intel's Patent License Trial
Over the last several years, VLSI Technologies has racked up infringement awards in an expansive multibillion-dollar fight against Intel, but those could be rendered moot after a trial next week, when a Texas federal jury reviews a question central to determining whether Intel already has a license to VLSI's patents.
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May 21, 2025
Full Fed. Circ. Undoes $20M Google Loss, Orders New Trial
The full Federal Circuit on Wednesday ordered a new damages trial in a case where a jury told Google LLC to pay $20 million for infringing an EcoFactor Inc. thermostat patent, ruling that the testimony of EcoFactor's damages expert was unreliable and should not have been admitted.
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May 21, 2025
11th Circ. Blocks Fla. Credit Union's Arbitration Bid In Fee Suit
The Eleventh Circuit on Wednesday denied a Florida credit union's bid to force arbitration in a proposed class action alleging it wrongly charged overdraft fees, saying its checking account agreements didn't require the parties to settle the case out of court.
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May 21, 2025
Shell JV Escapes $58M Nigeria Oil Contract Payment Suit
A New York federal judge has said he lacks jurisdiction to hear a Nigerian contracting company's lawsuit seeking $58 million in fees from a Royal Dutch Shell joint venture over the construction of an oil and gas facility in the African nation.
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May 21, 2025
Court Approves $32.5M Symetra Settlement For Overcharging
A Washington federal court has given final approval for a $32.5 million settlement resolving claims between Symetra and life insurance policyholders who claimed the company used undisclosed factors to overcharge them.
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May 21, 2025
Distributor Can't Duck Revised Crab Price-Fixing Suit
A California federal magistrate judge added Ocean King Fish Inc. to a list of more than a dozen distributors that must face a proposed class action from crabbers alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.
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May 20, 2025
Judge Questions Bank's Role In Jail Debit Card Fee Dispute
A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities.Â
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May 20, 2025
Novo Fights To Keep Info Bid In $800M Fraud Dispute Alive
Novo Nordisk is urging a North Carolina federal court not to dismiss its order permitting the Danish drugmaker to seek information bolstering its $800 million fraud claims stemming from a hypertension drug deal, saying the testimony is needed to preserve assets as it pursues arbitration of its claims.
Expert Analysis
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.