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Commercial Contracts
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April 21, 2025
Sun Pharma Accuses Drugstores Of $10M Refund Scheme
Sun Pharmaceutical Industries Inc. told a New Jersey federal court that a group of pharmacies and their operators engaged in a criminal, years-long racketeering scheme that resulted in it paying more than $10 million in refunds for short-dated pharmaceutical products.
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April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing
A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
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April 21, 2025
Trucking Co. Still Owes Most Of $10M Pension Bill, Court Told
A Michigan-based trucking company has stopped making payments toward a $10 million bill owed to a Teamsters pension fund after partially withdrawing from the plan, the fund said in a complaint filed Monday in Illinois federal court.
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April 21, 2025
Amazon Says Sanctions Unwarranted In Drivers' Wage Suit
Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.
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April 21, 2025
DOJ Defends Wage-Fixing Jury Win From Mistrial Bid
The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.
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April 21, 2025
Dental Practices Say Ex-Contractor Holding Websites Hostage
A group of pediatric dental practices in North Carolina have accused their longtime business consultant of "hijacking" several website domains after they canceled his contract, saying he's trying to use the domains as leverage in unrelated negotiations.
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April 21, 2025
Agency Claims Pistons Star Flaked, Sues For $1M
A sports management agency that began representing Detroit Pistons guard Malik Beasley in 2023 has sued him for $1 million in New York federal court, alleging he accepted a large marketing advance and then left for another agency.
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April 21, 2025
Justices Won't Hear Mall Of America's Sears Lease Dispute
The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.
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April 21, 2025
Justices Won't Hear CSX-Norfolk Southern Antitrust Case
The U.S. Supreme Court refused on Monday to review whether CSX waited too long to bring its antitrust case against Norfolk Southern over fees charged by a Virginia switching line they jointly own.
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April 18, 2025
Temple Prof. Claims Colleague Stole From 'Rapping' Business
A faculty member at Temple University with a side job doing speaking engagements as "The Rapping Professor" claims that his partner in the business mishandled funds, according to a lawsuit filed in Philadelphia state court.
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April 18, 2025
Cannabis Co. Says Lender Lied About Default To Steal Funds
A cannabis company with facilities in New Jersey and Pennsylvania has alleged in Garden State federal court that its lender lied about the company being in default in order to steal funds out of two of the company's bank accounts and claims it shows no sign of stopping.
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April 18, 2025
Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit
Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."
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April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge
A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
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April 18, 2025
Zurich Stuck With $12.2M Solar Farm Verdict, Judge Rules
A Georgia federal judge has shot down Zurich American Insurance Co.'s bid to escape a $12.2 million judgment that followed a January trial where a jury found the insurer shortchanged a Peach State solar farm's claim for storm damage.
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April 18, 2025
Attys Score Bitcoin-Based Fee Award In Crypto Mining Suit
The attorneys who won $4.6 million and 25 bitcoins in a class action accusing crypto mining company Stronghold Digital Mining Inc. of failing to fully disclose its supply chain risks will, along with the class, be partially paid in the cash equivalent of bitcoin, according to an order.
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April 18, 2025
Union Hits Kroger Chain With Counterclaim In Strike Suit
The Kroger-owned grocery chain King Soopers violated a poststrike agreement with a United Food & Commercial Workers local by pressuring the union to agree to a collective bargaining agreement by an arbitrary deadline, the union alleged in a counterclaim in the company's strike lawsuit against it in Colorado federal court.
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April 18, 2025
MLB Players Aim To Strike Out DraftKings NIL Case Appeal
Major League Baseball players called foul on DraftKings Inc.'s bid for the Third Circuit to decide whether the players' claims that the betting app used photos of them in ads without permission can proceed, arguing that a lower court got it right when it refused to dismiss their claims.
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April 18, 2025
OxyChem Unit Settles Bid To Share Ohio Derailment Blame
Chemical shipper OxyVinyls Inc. and Norfolk Southern struck a deal toward the end of a trial seeking to spread the blame — and the cost of a $600 million settlement — for the 2023 derailment in East Palestine, Ohio.
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April 17, 2025
Incyte Can Get Novartis' Privileged Info On Drug Royalty Deal
Novartis must produce certain privileged documents to Incyte concerning its understanding of their contract for royalty payments from sales of Incyte's blood cancer drug, unless Novartis agrees its former outside counsel, who negotiated the terms, won't testify about that topic at the upcoming contract breach trial, a New York federal judge said Thursday.
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April 17, 2025
Fla. Legal Consultant Says La. Atty Stole Info, Started Own Biz
A Florida company that advises small law firms on how to run successful businesses has sued a lawyer and former manager for allegedly stealing confidential information, saying he quit and ran off to Louisiana to start a competing business using trade secrets he learned at his previous job.
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April 17, 2025
David Geffen Hits Back At Crypto Exec In 'Stolen' Art Suit
Media giant David Geffen has called a suit brought against him by crypto entrepreneur Justin Sun over a valuable Alberto Giacometti sculpture a "sham" and has shot back at the Tron founder with claims of "unethical and/or illegal business activities" in a response filed in New York federal court.
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April 17, 2025
Judge Grants Reduced Atty Award in Bowling Alley Chain Suit
A Virginia federal judge trimmed just over $150,000 in attorney fees requested by a bowling alley chain after winning summary judgment in a suit against its former chief information officer, whom it accused of hacking into its computer system and CEO's email.
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April 17, 2025
Planned Parenthood Patients Sue Lab Co. Over Data Breach
A Washington state-based diagnostic testing services provider for Planned Parenthood has been hit with a pair of proposed class actions in Seattle federal court over an October data breach that reportedly impacted as many as 1.6 million people.
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April 17, 2025
Rapper Drops Houston Texans From 'Still Tippin' Lawsuit
Texas rapper Bigg Tyme and his company dropped the Houston Texans from a copyright infringement lawsuit that alleges the NFL team and fellow rapper Mike Jones stole Bigg Tyme's 2002 song "Still Tippin" to use at games without his permission.
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April 17, 2025
UK Says NY Convention Doesn't Kill Sovereign Immunity
Ratifying the New York Convention isn't enough to strip away a state's right to plead sovereign immunity in a later dispute over a contract that might be subject to the convention's rules, a London court has ruled.
Expert Analysis
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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.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.