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Commercial Contracts
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May 16, 2025
Name Mix-Up Costs Lender Property Claim, 5th Circ. Says
A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.
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May 16, 2025
State Immunity In England Needs Clarification, Judge Says
Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.
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May 16, 2025
Infrastructure Co. Eurofinsa Looks To Seize Gabon's Assets
Eurofinsa SA has asked a D.C. federal court for permission to begin seizing the Gabonese Republic's assets as the Spanish company that specializes in global infrastructure projects looks to enforce a nearly $18 million arbitral award against the African country.
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May 16, 2025
Co. Looks To Dodge $5M Award From Laotian Casino Deal
The government of Laos, as it attempts to enforce some $5 million in arbitral awards related to a failed casino venture, still has not proven that the case should be decided in U.S. federal court in the Northern Mariana Islands, one of the companies owing the money said Friday.
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May 16, 2025
Zurich American Says Ex-Liability Head Poached Workers
Zurich American Insurance Co. has sued its former New York City-based head of management liability for allegedly poaching two employees by luring them to rival Everest Insurance when he took a new gig there, in violation of a one-year nonsolicitation agreement.
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May 16, 2025
NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful
NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.
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May 16, 2025
Armory Sues Wayzata, Others Over 'Black Box' Funding Deals
Armory Capital Group LLC and three affiliates sued Wayzata Investment Partners, Houlihan Lokey Inc. and others in Delaware's Court of Chancery on Friday, alleging fiduciary breaches in connection with multiple unexplained and purportedly conflicted "black box" financing deals for Oregon-based aerospace venture Erickson Incorporated.
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May 16, 2025
'Minute Entry' Counts As Real Judicial Order, 2nd Circ. Rules
A Connecticut federal judge's oral ruling and follow-up minute entry were formal orders that triggered a 30-day countdown to appeal losses in a contract dispute worth $1.7 million, a Second Circuit panel has held, saying a plastic resin producer's interpretation of the relevant local rule "rings of empty formalism."
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May 16, 2025
Food Co. Says Partner Owes $5M In Back Rent On Warehouse
A dietary supplement maker sued its partner on a lease for a Denver-area warehouse, claiming the other company failed to make a single payment after they agreed to split the 10-year lease in 2021.
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May 16, 2025
Disaster Relief Biz Partner Won't Split Duke Payout, Suit Says
A North Carolina man who runs a company that provides support services for disaster relief has accused his business partner of pilfering his payout from a contract to provide meals for Duke Energy workers assisting in recovery efforts after Hurricane Helene.
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May 16, 2025
Insurer Owes $3.8M For Honda Airbag Class Counsel Costs
A Tokio Marine unit must pay over 5.4 million Canadian dollars ($3.8 million) for class counsel fees that Honda Canada Inc. incurred in underlying class actions over airbag deficiencies, but is off the hook for CA$2.9 million in settlement administration costs, a Canadian court affirmed.
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May 16, 2025
Appellate Ruling Merits New Shot At Sales Regs, Distiller Says
A New York distillery and two Washington whiskey drinkers are asking a federal judge to reconsider the Washington state liquor board's win in a challenge to rules requiring a physical in-state presence to sell online, saying they never got to analyze the circuit ruling on which the decision was based.
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May 16, 2025
Lin Wood's Ex-Partners Awarded $11M Over Firm Split
Ex-attorney L. Lin Wood must pay his former law partners more than $11 million in a long-running fee dispute stemming from the breakup of their firm, an Atlanta jury has said, less than a year after Wood was ordered to pay his former partners $4.5 million in a related federal defamation trial.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
Ex-Womble Bond Atty Heads To Chicago With Shook Hardy
Shook Hardy & Bacon LLP has expanded its Chicago office with the recent addition of an attorney with nearly 40 years of experience representing clients in mass tort matters and commercial disputes.
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May 16, 2025
Susan Sarandon, Contractor End Dispute Over Vt. Home
Hollywood actress Susan Sarandon has resolved a dispute with a contractor that oversaw construction and maintenance for her $2 million sustainable Vermont retreat, which featured a geothermal heating system she claimed was less efficient due to missing insulation, according to a filing in Massachusetts federal court.
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May 16, 2025
RV Camp Part-Owner Wins Battle In Ongoing Ownership Fight
The North Carolina Business Court ruled that the part-owner of an RV and cabin campsite did not actually transfer her interest in the individual units at that camp to a development company she helped create before her relationship with that firm and her business partners soured.
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May 15, 2025
Taylor Swift Fans Get Final Shot At Ticketmaster Antitrust Suit
A California federal judge said Thursday he will give hundreds of Taylor Swift fans one more opportunity to amend a complaint against Ticketmaster alleging antitrust violations related to ticket sales for the pop superstar's Eras tour, but stressed it will be the last amendment he will allow.
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May 15, 2025
Trump Media Pushes Presidential Immunity In Del. Hearing
President Donald Trump's social media company on Thursday continued to urge the Delaware Chancery Court to, at a minimum, pause a lawsuit brought by investors alleging that the platform going public cheated them out of their shares, arguing that "the power to sue the president, is the power to destroy the presidency."
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May 15, 2025
Paul Mitchell Buyers Near Cert. In Cruelty-Free False Ad Suit
A California federal judge indicated on Thursday that he'd likely certify a Golden State class of Paul Mitchell customers who allege the hair care products maker deceptively concealed its animal testing in China while touting its U.S. products as cruelty-free.
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May 15, 2025
'It Ends With Us' Producers Must Hand Over Net Worth Docs
Justin Baldoni and other producers of "It Ends With Us" must turn over to Blake Lively financial records showing their net worth in the legal battle between the film's stars, a New York federal judge has ruled, saying the information is fair game since Baldoni's side claims to have lost $400 million due to Lively's alleged smear campaign.
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May 15, 2025
LG Cheats Buyers By Starting Warranties Early, Suit Says
LG Electronics is cheating consumers and breaking California's consumer warranty law by starting warranty periods at the dates consumers buy the appliance company's products and not when products are delivered, two California residents alleged in a putative class action filed Wednesday.
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May 15, 2025
Wayfair IT Contract Claims Must Be Arbitrated, Court Hears
An information technology firm has told a Texas federal judge that another IT provider must arbitrate its fraud suit against the firm stemming from their contract to provide software and hiring services to online retailer Wayfair LLC.
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May 15, 2025
NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash
A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."
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May 15, 2025
Polar Air Vendor Gets 2 Years For $32M Kickback Scheme
The owner of a California aviation company was sentenced Thursday in New York federal court to two years in prison for paying Polar Air Cargo executives $4.4 million in kickbacks in exchange for lucrative contracts, as part of a $32 million scheme to enrich the cargo airline's C-suite and others, at the company's expense.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.