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Commercial Contracts
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August 06, 2025
4th Circ. Revives Chance Of Class Cert. For Overdraft Suit
The Fourth Circuit has reversed a denial of class certification in a lawsuit against Michigan-based Independent Bank, finding that a South Carolina federal judge had improperly ruled that bank customer Jamila Grice couldn't represent a nationwide class and remanding the case for further proceedings.
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August 06, 2025
Accounting Firm Must Face Ex-Credit Union CEO's Firing Suit
The largest accounting firm in Connecticut, Whittlesey PC, must face the former CEO of Sound Federal Credit Union's claim that he was fired for following the firm's advice on when to calendar gains from a $1.2 million property sale, a Connecticut trial court judge has ruled.
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August 06, 2025
Presidio Petroleum Inks $660M SPAC Merger Deal
Fort Worth, Texas-based oil and gas operator Presidio Petroleum will go public through a merger with EQV Ventures Acquisition Corp., a special purpose acquisition company sponsored by EQV Group.
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August 06, 2025
CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer
A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.
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August 06, 2025
Anheuser-Busch, Hard Seltzer Co. End $90M Contract Feud
Anheuser-Busch and alcoholic seltzer producer Boathouse Beverages LLC's holding company have dropped claims against one another in a multimillion-dollar Connecticut contract dispute over a product line the beverage giant purchased in 2016.
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August 06, 2025
Toshiba Unit Can't Appeal Bench Trial Bid In Hydro Plant Row
A Michigan federal judge refused Wednesday to clear the way for a subsidiary of Toshiba to appeal her order denying a bench trial in a dispute over allegations that the electronics giant botched a $560 million upgrade at a power plant owned by DTEÂ Electric Co. and Consumers Energy.
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August 06, 2025
Honey Dew Says M&A Adviser Missed Fake $25M Letter
Massachusetts-based regional coffee and donut chain Honey Dew says the investment banking firm it hired to find a buyer in 2018 would have learned that a $25 million "proof of funds" letter purporting to be from UBS was a forgery had it performed the expected due diligence.
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August 05, 2025
Student Says Emory Suspended Her For Palestinian Support
A Muslim, Palestinian American student is suing Emory University, its board of trustees and a leader at its medical school in Georgia federal court, alleging her rights were violated when she was suspended after supporting "Palestinian human rights and criticizing discriminatory treatment" at the university.
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August 05, 2025
Cannabis Co. Can't Blame Defaults On Neglectful Attorney
A defunct Los Angeles dispensary and its operators cannot undo default entries issued against them by investors who seek more than $325,000, a California state judge has ruled, rejecting the company's attempt to pin the loss on their attorney who "lost track" of the case.
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August 05, 2025
Reporter Drops Suit Over CBS Station's Gaza Coverage
A Palestinian Arab-American television journalist has ended his lawsuit claiming a CBS News Detroit station fired him because of his complaints that the station favored Israeli perspectives in its coverage of the Israel-Hamas war.
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August 05, 2025
Chancery Sends Steel Co.'s Fraudulent Transfer Suit To Trial
A steel product company's claims that a bankrupt former customer, for which it was also serving as a creditor, fraudulently transferred away millions that could have covered its debts must go to trial, a Delaware vice chancellor ruled on Tuesday.
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August 05, 2025
Blake Lively Wants Baldoni's Atty Sanctioned For Comments
Actress Blake Lively has asked a Manhattan federal judge to sanction the attorney representing "It Ends With Us" co-star Justin Baldoni in her ongoing defamation case, alleging the lawyer repeatedly defied a February court order blocking extrajudicial statements likely to prejudice the case.
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August 05, 2025
Disbarred North Carolina Atty Admits To Wire Fraud Scheme
A disbarred lawyer in North Carolina has copped to criminal wire fraud charges stemming from the misuse of his trust account after federal prosecutors said he used escrow funds earmarked for the sale of personal protective equipment to pay back another company.
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August 05, 2025
Firm Says Appliance Parts Maker Owes $7.9M In Commissions
A Michigan manufacturer representative firm said in a new federal complaint filed Monday that an Ohio appliance parts maker breached a sales agreement, alleging that it is owed about $7.9 million in lost future commissions.
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August 05, 2025
Zazzle Nabs Win After Judge Cuts Font Copyright Claim
A California federal judge has tossed a copyright infringement claim against online retailer Zazzle over a set of fonts used on its site after previously allowing the claim to stand, finding her earlier order misstated Zazzle's argument.
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August 05, 2025
Amazon, DC AG Seek To Delay Antitrust Trial To May 2027
The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.
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August 05, 2025
Drone Cos. Sue Former Exec For Alleged Trade Secret Theft
Red Cat Holdings Inc. and its Teal Drones Inc. unit accused a former executive of sabotaging a major product development deal and using their trade secrets to launch a rival drone company to compete for government sales.
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August 05, 2025
Pharma Startup Claims Lupin Stole Inhaler Trade Secrets
Pharmaceutical startup Transpire Bio has accused Lupin Pharmaceuticals and its affiliates of stealing trade secrets related to the development of generic inhalers, alleging in a Florida federal complaint that a Lupin scientist briefly took a job with Transpire and returned to Lupin with confidential information.
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August 05, 2025
Mass. Appellate Court Upholds Atty's $1M Fee Win
An attorney's $1.17 million judgment against a former client for unpaid legal fees was affirmed Tuesday by a Massachusetts intermediate appellate court, which also found that the client had waited too long to lodge a legal malpractice claim.
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August 04, 2025
9th Circ. Says Rival Vegas Newspapers' Deal Was Not LegalÂ
The Ninth Circuit handed a win to a Las Vegas newspaper formerly owned by the late billionaire Sheldon Adelson in antitrust litigation accusing the daily of trying to ruin its liberal rival, saying Monday that the papers' joint operating agreement should be dissolved as "unlawful and unenforceable."
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August 04, 2025
Sandwich Seller Owes $32K For Breaching Noncompete Pact
A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.
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August 04, 2025
5th Circ. Says Appeal Over Mexican Bank Discovery Looks Moot
The Fifth Circuit pushed a Mexican businessman to explain how his appeal was not moot after a special master was appointed to review documents relating to an alleged fraud against Mexican financial institutions, saying Monday the businessman has seemingly already gotten the relief he sought.
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August 04, 2025
Ukraine Oil Co. Says Disclosure Order In $150M Suit Must End
Ukraine's largest oil company has urged a Texas federal court to lift its ongoing disclosure obligations now that a motion for turnover by a U.S.-based subsidiary of Kuwait Energy has been denied as the subsidiary looks to enforce a $150 million arbitral award.
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August 04, 2025
Phone Dealer Fights Sanctions Bid In Stolen Shipment Suit
A cellphone dealer facing a lawsuit over a stolen shipment has urged a North Carolina federal judge not to sanction it over its allegedly deficient discovery responses, arguing that it has turned over nearly 20,000 pages of information and "acted in good faith" to resolve the dispute.
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August 04, 2025
5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap
A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.
Expert Analysis
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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.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Proactively Managing Tariff Impacts On Megaprojects
President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.