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Commercial Contracts
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April 14, 2025
Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction
A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.
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April 14, 2025
Herbalife Wins $1.55M For Unauthorized $20M Computer Deal
A California federal jury on Friday awarded Herbalife International of America Inc. $1.55 million in damages from Eastern Computer Exchange after finding the computer equipment reseller deceptively concealed an order for millions of dollars in Dell computers that the dietary supplement company claims it never ordered.
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April 14, 2025
4th Circ. Partly Backs $3.8M Award In 'Dickensian' Lease Row
The Fourth Circuit on Monday partly affirmed and partly vacated a $3.8 million costs and fees award stemming from a soured lease agreement for a commercial building in Baltimore, potentially concluding more than 14 years of what the panel described as "Dickensian litigation."
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April 14, 2025
X Corp. Says Media Matters Must Hand Over Employee Names
X Corp. asked a Texas federal judge to make left-leaning media watchdog Media Matters turn over the names of its employees as the latest salvo in a fight over allegedly defamatory articles it wrote, saying Monday that Media Matters was giving "boilerplate objections."
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April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
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April 14, 2025
Greystar Faces Consolidation Of Colo. Tenant 'Junk Fee' Suits
A Colorado multidistrict litigation panel on Monday recommended consolidating four tenant class actions against the property management company Greystar before a single state court, following a hearing where tenants argued that allowing the "junk fee" cases to proceed separately could draw conflicting court decisions.
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April 14, 2025
Animal Rescue Wants Early Win In TM Suit Against Ex-Leader
Pennsylvania-based animal rescue Last Chance Ranch has asked a federal judge to rule that its former executive director copied its name and trademarks for a competing nonprofit she created, arguing that the infringement was obvious.
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April 14, 2025
Fairstead, Ex-Partner Clash Over Del. Arbitration Findings
Attorneys for housing giant Fairstead Capital Management and FCM Affordable and a former partner are battling over an arbitrator's conclusions in a Court of Chancery suit accusing the partner of an attempted hostile takeover of the business, according to court filings late Friday, with millions on the line.
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April 14, 2025
Conn. PE Firm Wants $12M Joy Dish Soap Suit Washed Away
A private equity firm that bought the Joy dish soap brand has asked a Connecticut trial court judge to nix a manufacturer's claim that the firm should be held liable for a holding company's alleged failure to pay after asking the manufacturer to ramp up production.
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April 14, 2025
Mich. Panel Says Car Insurance Fee Schedule Not Retroactive
A Michigan appellate panel said a fee schedule governing benefits auto insurers must pay injured parties does not apply to injuries sustained before the fee schedule became law, determining the state insurance regulator's 2024 memo misinterpreted the rules.
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April 14, 2025
Ex-Allied Wallet Exec Seeks Trial Delay Amid Recusal Bid
A former executive of payment processing company Allied Wallet asked to pause his criminal bank fraud case Monday while a Massachusetts federal judge considers a recusal motion questioning his impartiality.
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April 14, 2025
Chemical Co. Owes $11M In Unpaid Pine Oil Bills, Suit Says
Arbor Renewables, a manufacturer of pine-based chemicals, was hit with a lawsuit Friday alleging that it owes over $11 million in unpaid invoices to a Georgia-based consumer packaging maker.
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April 14, 2025
NJ Attorney Must Face Land Dispute Malpractice Suit
A New Jersey state judge has rejected a Fox Rothschild LLP attorney's bid for an early exit from a suit by a pair of sisters accusing him and related parties of malpractice stemming from the mishandling of their late stepfather's estate.
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April 14, 2025
Meta Accused Of Hiding $4B In Facebook Ad Overcharges
South Carolina-based fitness company Iron Tribe has hit Meta Platforms Inc. with a proposed class action in California federal court, alleging the social media giant secretly overcharged Facebook advertisers $4 billion by using a flawed "blended price" auction system that it hid from advertisers and took years to correct.
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April 14, 2025
Court OKs $7.9M Deal For UPitt Pandemic Tuition Refunds
The University of Pittsburgh has agreed to a $7.85 million deal to end claims that it should have refunded students' tuition when it moved classes online at the outset of the COVID-19 pandemic, and a federal judge gave the deal his preliminary approval Monday.
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April 12, 2025
Baking Chemicals Co. Wins $7.25M In Trade Secrets Trial
A Pennsylvania jury on Friday awarded $7.25 million to a baking chemicals maker that claimed a former partner-turned-rival and two ex-employees stole trade secrets, following a weeklong trial in Pittsburgh's federal court.
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April 11, 2025
Broker, Marketer Look To Beat Fund Firm's Fraud Claims
A broker-dealer and a marketing services company seek to shed an investment management firm's securities fraud and other claims in a suit alleging they caused at least $3.5 million in damages with misrepresentations that led investors to withdraw from the firm's fund.
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April 11, 2025
Amgen Can't Ditch Regeneron's Bundling Antitrust Suit
A Delaware federal judge on Thursday denied Amgen's bid to toss antitrust litigation brought by Regeneron accusing its rival of using a bundling scheme to increase the sales of its cholesterol drug Repatha and push competitors out of the market.
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April 11, 2025
Greystar Says Colo. Tenants 'Manufactured' Consolidation Bid
Greystar told a Colorado panel Friday that tenants seeking to consolidate four putative class actions alleging the property management company charged deceptive fees "manufactured the multidistrict nature" of the litigation, arguing the suits were filed by the same attorneys who could have picked one venue in the first place.
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April 11, 2025
Construction Firm Pushes For $31M Award Against Guatemala
A construction and engineering firm has argued a magistrate judge correctly recommended enforcement of $31 million in arbitral awards against Guatemala in D.C. federal court, saying the court is the appropriate forum for the case.
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April 11, 2025
9th Circ. Won't Renew Wash. DACA Recipient's Loan Bias Suit
The Ninth Circuit declined on Friday to revive a woman's discrimination suit against a Washington credit union, saying she cannot show she was refused a car loan because of her status as a Deferred Action for Childhood Arrivals program recipient.
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April 11, 2025
Kansas City Bank Tries To Sink Ex-Detainees' Debit Fee Case
Central Bank of Kansas City said Friday that a Washington federal judge should toss a class action from former inmates and detainees who said they were charged illegal debit card fees to regain access to money that was confiscated from them, arguing the lead plaintiff requested his card and knew how to avoid the fees.
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April 11, 2025
NC AG Can't Shield Most Merger Review Docs, Judge Holds
The North Carolina Attorney General's Office can't shield a host of internal records pertaining to its review of a 2019 hospital merger at the center of a compliance case, a state court judge has said, finding "only a few" records constitute protected attorney-client communications or work product.
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April 11, 2025
Trust Co. Can Email Docs In $149M Ukraine Award Dispute
A Manhattan federal judge has granted Madison Pacific Trust Ltd.'s request to let it serve a petition for the enforcement of a $149 million arbitral award against the founders of a Ukrainian grain exporter via email, finding that their physical whereabouts are unknown.
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April 11, 2025
Attorney Owners Of Pot Co. Accused Of $46M RICO Scheme
A Florida-based real estate lender is suing two attorneys with civil rights law firm Loevy & Loevy in New York federal court, alleging they engaged in racketeering in connection with more than $46 million in loans intended to fund cannabis facilities they own in Pennsylvania and New Jersey.
Expert Analysis
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Expect ĂŰĚŇĘÓƵ To Enforce Warning Against 'Coercive' Fine Print
The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.