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Commercial Contracts
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July 29, 2025
Federal Cuts Shake Up Clinical Research Funding Landscape
As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to Law360 Healthcare Authority about the industry's concerns.
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July 28, 2025
Pharma Co. Alleges Clinical Trial Data Was Fabricated
A pharmaceutical research and development company sued New Jersey-based research organization Clinilabs LLC and several Florida clinical research firms Friday claiming they fabricated and covered up important clinical trial data for a new Alzheimer's disease treatment, wasting millions of dollars and setting the drug back at least five years.
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July 28, 2025
Texas Judge 'Perplexed' By 5th Circ. Sanction Reversal
A Texas federal judge said he was "perplexed" by a Fifth Circuit panel's decision to reverse his sanction order against an attorney, saying in a Monday opinion that the attorney seemingly flouted the case governing litigation conduct by opposing a bid for an extension to reply.
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July 28, 2025
PE Firm Scores New Trial After Losing $1.1M Shareholder Suit
The Connecticut Supreme Court on Monday threw out a $1.1 million verdict and ordered a new trial in a minority member's lawsuit against three other CCP Equity Partners LLC members, holding that a trial court judge misconstrued the private equity firm's operating agreement and inaccurately instructed the jury.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Mass. Judge Denies Injunction Against Trash Co. Hit By Strike
A Massachusetts state court judge on Monday denied a request by six communities for an injunction forcing trash hauler Republic Services to fully comply with the terms of its existing waste collection contracts, as a strike by its workers entered its fourth week.
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July 28, 2025
DraftKings Escapes Class Action Over $1,000 Bonus Promo
A Brooklyn federal judge dismissed a proposed class action targeting a DraftKings promotion promising $1,000 in bonus funds for new customers, finding Monday that the online betting giant properly explained that the funds were subject to specific requirements.
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July 28, 2025
Widow Asks 4th Circ. To Revive Freight Broker Claim
A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.
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July 28, 2025
Gun Exclusion Prevents Coverage For Ga. Bar Shooting Suits
An insurer has no duty to defend or indemnify a bar against underlying suits over a shooting that injured several patrons, a Georgia federal court ruled, finding that a firearms exclusion in the bar's commercial general liability policy precludes coverage.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Midstream Co. Says Contractor Caused $8M Spill In La.
A Louisiana midstream company has told a Harris County court that a contractor tasked with controlling operations on a frac tank caused an $8 million oil spill, asking the court to order the contractor to reimburse it for the spill.
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July 28, 2025
Garbage Truck Co. Fights $58.9M Verdict, Seeks New Trial
A garbage truck manufacturer hit with a $58.9 million verdict for allegedly poaching a fleet management company's executive to create a competing business has asked an Illinois federal court for a new trial or a damages reduction, saying the plaintiff presented a speculative lost-profits damages theory.
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July 28, 2025
Broker's Countersuit Says Ex-Worker Tried To Poach Clients
An insurance brokerage being sued by an ex-employee who says his former boss broke a promise to sell him a local agency alleges in its own Pennsylvania state court lawsuit that the employee had actually been scheming to steal clients from the brokerage and take them to a new firm.
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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
Colorado Oil Co. Says It Was Cheated Out Of $4M In Profits
A Colorado oil and gas company claims the successors to a gas production agreement it had with BP American Production Co. underpaid its share of revenue by more than $4 million between 2019 and 2022.
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July 28, 2025
Fla. Firm Must Pay $320K Sanction For Not Probing IP Claims
Peter Ticktin and Ticktin Law Group PA have been ordered by a Florida federal judge to pay roughly $321,000 in attorney fees as a sanction for "flagrant conduct" involving their failure to properly investigate patent infringement claims filed on behalf of a client related to smart glass technology.
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July 28, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 25, 2025
Texas Justices Leave Atty Fees In UDJA Cases Alone, For Now
The Texas Supreme Court declined to take up a case dealing with attorney fees in suits where a court defines a legal relationship, but in a Friday opinion one justice wrote that the court will eventually need to address how jurisdiction plays into the issue.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
4th Circ. Sends Power Plant Labor Row Back To Arbitration
The Fourth Circuit ruled Friday that Wheeling Power Co.'s attempt to vacate an arbitrator's finding of liability in favor of a coal plant's labor union was premature because the decision wasn't final when Wheeling Power took the issue to court.
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July 25, 2025
NY Court Sides With Junior Investors In RMBS Trust Dispute
A New York state court resolved a dispute between bondholders in 34 residential mortgage-backed securities trusts about how to handle repayment of principal amounts deferred during the 2008 financial crisis, siding with junior bondholders after a 17-day bench trial.
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July 25, 2025
Insurer Says No Defense Owed In Trench Injury Suit
Secura Insurance Co. filed suit Friday asking an Illinois federal court to declare it should not be on the hook for a man's trench injury lawsuit, because the policy it sold to a plumbing company does not cover two other companies alleged to have created a dangerous environment in the trench.
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July 25, 2025
Current And Former Astros Owners Settle On 2nd Day Of Trial
A multimillion-dollar dispute between the current and former owners of the Houston Astros has been settled on the second day of trial.
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July 25, 2025
Property Owner Claims Partner Failed To Develop SC Land
A South Carolina property owner sued its business partner in North Carolina federal court, accusing the company of failing to carry out its promise to develop about 75 acres of land after the county designated the area as historic.
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.