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Commercial Contracts
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March 14, 2025
Mass. Court Won't Lift Default Over Discovery Failures
A California aerospace firm can't get a do-over after repeatedly defaulting on discovery obligations in a Massachusetts lawsuit over an unpaid bill from a tax consultant, the state's intermediate-level appeals court said on Friday.
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March 14, 2025
Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build
In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.
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March 14, 2025
Hemp Farm's Fees Bid 'Excessive,' Colo. Judge Finds
A Colorado magistrate judge has found that a hemp farm can collect reasonable attorney fees and costs from a business partner that breached a memorandum of understanding related to a mid-litigation audit, but scolded the farm for its "excessive" calculation, which includes hours billed long before the memorandum was even signed.
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March 14, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen J.P. Morgan face action by the founder of Viva Wallet in an ongoing feud over the company's takeover, retailer Next Group contest a claim by the home ware brand owned by private members' club Soho House, and the venue of the Wimbledon Championships sue a local group opposed to its plans to build new tennis courts on protected land in Wimbledon Park.
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March 13, 2025
Springer Nature Planning 'Bait-And-Switch,' Court Hears
Independent scientific journal publisher Pleiades Publishing is urging a New York federal court to bar Springer Nature from trying to use a "bait-and-switch" tactic with customers allegedly aimed at undermining Pleiades' reputation while the two companies arbitrate a dispute over a soured distribution deal.
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March 13, 2025
Public Broadcasting Sues FEMA Over Emergency Alert Funds
The nonprofit responsible for providing funding to more than 1,500 U.S. public radio and television stations filed suit Thursday in D.C. federal court, accusing the Federal Emergency Management Agency of placing an unlawful hold on $40 million in grant funds meant to bolster the national's emergency alert system.
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March 13, 2025
Chinese Fund Opposes Businessman's Bid To Pause Award
A Chinese investment fund has objected in California federal court to a businessman's bid to pause recognition of a $4.8 million foreign arbitral award against him, arguing that he lost his dispute in two venues and can't prevent execution of the judgment.
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March 13, 2025
Fanatics, NFL Cardinals Rookie Settle Contract Fight
Fanatics has cut a confidential deal with Arizona Cardinals wide receiver Marvin Harrison Jr. and his father to settle the company's contract dispute, resolving litigation that temporarily barred Harrison's jersey number 18 from officially being sold, according to court documents filed in New York state court Thursday.
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March 13, 2025
$181K Sanctions Against Texas AG-Tied Investor Stand
A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.
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March 13, 2025
Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.
A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.
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March 13, 2025
Federal Judge Still Skeptical Of Amazon Securities Fraud Suit
A Washington federal judge said he was "struggling" with a group of Amazon shareholders' stance in a securities fraud suit on Thursday, doubtful that stock sales numbers were enough to back claims that Jeff Bezos had a motive to dupe investors about the company's fulfillment capacity and third-party seller practices.
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March 13, 2025
Golden Globe Nominee Settles Conn. Feud With Talent Agent
Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.
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March 13, 2025
Host Co. Can't Force Bitcoin Miner From Pa. Property, For Now
A western Pennsylvania bitcoin mining venture won a temporary restraining order in Delaware's Court of Chancery Thursday in a ruling that barred a hosting company from continuing to use or block access to more than 20,000 mining systems that had been installed for the tenant operation.
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March 13, 2025
Full Fed. Circ. Probes Basis For $20M Google Patent Verdict
The en banc Federal Circuit on Thursday closely scrutinized the damages evidence underlying EcoFactor's $20 million thermostat patent trial victory against Google, with some judges suggesting that it doesn't support the testimony given by EcoFactor's expert witness.
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March 13, 2025
Ohio Co. Can't Get New Trial After Scrapped $18M Award
An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.
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March 13, 2025
Sony Sues USC Over Music Used In Social Media Ads
Sony Music has accused the University of Southern California of infringing more than 170 of its songs to advertise the university's sports program on social media, according to a copyright suit filed in New York federal court.
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March 13, 2025
Energy Co. Faces Investor Suit Alleging AES, Siemens Rifts
Energy storage company Fluence Energy Inc. faces a proposed investor class action alleging it concealed the impact to its revenues of growing rifts and falling business with its founders, German conglomerate Siemens AG and U.S. utility company AES Corp.
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March 13, 2025
Law Firm Helped Fintech CEO Undercut $1.7B Deal, Suit Says
A fintech startup that went belly up after a $1.7 billion deal to take it public fell apart told a Texas federal court that Chapman and Cutler LLP helped the startup's CEO stab it in the back, saying in a Thursday complaint the firm breached its fiduciary duties.
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March 13, 2025
Boston Firm, IT Vendor Settle Fight Over Data
Melick & Porter LLP has settled a suit accusing its former IT vendor of holding the Boston law firm's computer systems and data hostage during the transition to a new provider.
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March 13, 2025
J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec
Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.
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March 13, 2025
Swimsuit Pics App Maker Can't Revive Suit Against Facebook
California appellate justices on Wednesday refused to revive an app developer's contract breach suit alleging Facebook rescinded its commitment to provide third-party developers with access to user data, rendering his app for finding users' swimsuit photos unworkable, after concluding Facebook's terms expressly said it could limit developers' access to data.
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March 13, 2025
5th Circ. Sides With NLRB On Reconsidered Exxon Ruling
The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.
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March 13, 2025
Michigan Pot Farm Wants Sanctions In $32M Contract Suit
A Michigan cannabis farm that won a $31.8 million verdict against Curaleaf in a contract dispute in January is urging a Michigan federal court to sanction the company further, saying it has misrepresented law and binding precedent in its arguments against prejudgment interest.
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March 13, 2025
Builder Says Conn. Hilton Owner Owes $6M For $63M Project
A building contractor is taking the owner of a new Home2 Suites by Hilton hotel in Bristol, Connecticut, to court, claiming that what started as a $13 million project ballooned into a $63.4 million series of redesigns and changes in scope for which the hotel owner still owes $6 million.
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March 12, 2025
Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds
Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.
Expert Analysis
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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Anticipating Calif. Oversight Of PE Participation In Healthcare
A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.