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Commercial Contracts
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June 09, 2025
Ex-Pot Co. Members, Founder Settle Cash Distribution Suit
A Connecticut state judge has dismissed a suit by the founding member of Theraplant LLC alleging its former managing members failed to pay out cash distributions.
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June 09, 2025
Disney Settles Antitrust Suit Over ESPN Streaming Fees
Disney has settled a sprawling antitrust lawsuit with consumers over the fees in its ESPN livestreaming carriage agreements.
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June 09, 2025
Southwest Beats Customers' 737 Max Overcharge Suit
A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.
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June 09, 2025
Mayer Brown Adds Banking Finance Partner In NY
A former Cadwalader Wickersham & Taft LLP counsel has moved to Mayer Brown LLP’s New York office as a banking and finance and collateralized loan obligations partner.
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June 09, 2025
International Trial Lawyer Joins Barton From Carlton Fields
Midsize New York-based firm Barton LLP announced on Friday that it has hired a Carlton Fields PA attorney, whose litigation experience includes leading a crimes against humanity case against a former head of state and establishing a new standard for franchisor tort immunity in the Florida Supreme Court, among other high-profile victories.
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June 09, 2025
City Says Insurer Owes $9M For Wrongful Incarceration Deal
An insurer for a North Carolina city improperly denied coverage for an underlying suit brought by a Black man who was wrongfully imprisoned for 44 years and is now on the hook for a $9.3 million settlement payment, the city argued in a suit removed to federal court.
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June 09, 2025
Bank Gets First Dibs On Bankrupt Pa. Nursing Homes' Coffers
A bank that says it's owed nearly $48 million by a group of bankrupt Pennsylvania nursing homes will get first dibs on what's left in their accounts under a settlement approved by a federal bankruptcy judge Monday, despite objections from a supplier who said some of the money doesn't belong to the nursing homes.
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June 09, 2025
Smithfield Averts Trial In Last-Ditch Deal With NC Hog Supplier
A defunct hog supplier in North Carolina has settled its contract scuffle with Smithfield Foods Inc. just as the parties were primed to begin trial on Monday, putting to bed claims that Smithfield flouted their production agreement and forced the supplier out of business.
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June 09, 2025
Consultant Says Pot Co. Stiffed It On $400K In Fees
A consulting firm is suing cannabis company 4Front Ventures Corp. in New York federal court, saying 4Front owes it $400,000 in fees after it breached their consulting contract.
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June 06, 2025
Crypto Holding Co. Can Pursue Counterclaim Against Ex-Exec.
A Puerto Rico-based crypto holding company can pursue a counterclaim against its former president who alleged the company's CEO fraudulently recruited him to the venture and then fired him, a Delaware vice chancellor ruled Friday, finding legal expenses the company incurred are recoverable.
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June 06, 2025
Fla. Fraud Investigator Faces 3rd Malicious Prosecution Suit
A Florida insurance fraud investigator faces a third federal lawsuit alleging he lied in a report that led to the malicious prosecution of an independent roofing contractor whose charges were later dismissed because prosecutors couldn't substantiate the accusations.
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June 06, 2025
Google Must Face Bulk Of Healthcare Data Tracking Suit
A California federal judge allowed a proposed class action accusing Google of illicitly scooping up users' personal data from healthcare providers' websites to continue Friday, but only for certain claims based on communications made before the company started instructing healthcare provider clients not to send it their health information.
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June 06, 2025
Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal
R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.
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June 06, 2025
T.I., Tiny Urge Judge To Prevent 4th Trial In $71M Doll Row
Clifford "T.I." Harris and Tameka "Tiny" Harris have urged a California federal judge to reject MGA Entertainment's motion to reverse a jury's $71.4 million verdict finding the company infringed the trade dress and publicity rights of the OMG Girlz pop group, saying the rehashed arguments fall flat.
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June 06, 2025
Southwest Can't Nix Bias Suit By Mom Accused Of Trafficking
Southwest Airlines can't nix a racial discrimination suit after a flight attendant incorrectly reported a mother and her young daughter for suspected child trafficking, a Colorado federal judge ruled Friday, noting the case turns on conflicting testimony that can't be adjudicated via summary judgment.
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June 06, 2025
Wyo. Landowners' Attys Score $5M From Anadarko Deal
A Wyoming federal judge awarded more than $5 million in attorney fees and expenses Friday to attorneys for a class of landowners that accused an oil extraction company of hoarding permits to block oil and gas projects.
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims
OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.
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June 06, 2025
Denver Tenants Say Lack Of Repairs Made Building Unsafe
Tenants at a Denver apartment complex have filed a proposed class action against the owner as well as current and former property managers in state court, alleging the property became dangerous and unsanitary because the defendants refused to pay for necessary repairs.
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June 06, 2025
Genentech Wants $18M Novartis Award Over Licenses OK'd
California-based biotech firm Genentech Inc. has asked a D.C. federal court to recognize a $17.8 million arbitral award against Novartis Pharma AG stemming from a dispute over a licensing agreement for an eye medication.
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June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award
A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
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June 06, 2025
Judge Flushes Class Claims In Toilet Paper Sweepstakes Row
An Illinois federal judge threw out class claims in a suit accusing Procter & Gamble of failing to provide promised prizes to people notified they were winners of a monthly sweepstakes to promote the sale of Charmin toilet paper, saying class actions are barred by the rules of sweepstakes and those who entered agreed to those terms.
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June 06, 2025
Lobbying Firm Sued Over Deal For White House Meetings
A lobbying firm, its owner and an employee have been sued in Georgia federal court by a legal and consulting firm for breach of contract after they allegedly accepted partial payment for but never delivered on a $500,000 deal to arrange meetings with senior White House officials: the president, vice president and secretary of state.
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June 06, 2025
Orthodox Family Files $50M Bias Suit Against Country Club
An Orthodox Jewish family has filed a $50 million lawsuit against a Boca Raton, Florida, country club for allegedly suspending them after the father posted a viral social media video of him helping an Instagram personality wrap tefillin — a traditional Jewish prayer ritual — on the golf course.
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.