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Commercial Contracts
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March 07, 2025
Split DC Circuit Says Distillery, Union Didn't Reach Impasse
A divided D.C. Circuit panel greenlighted on Friday enforcement of a National Labor Relations Board decision dinging an Oregon distillery for illegally imposing a final offer without reaching an impasse in contract talks with a Teamsters affiliate, with a dissenting judge saying the union used delay tactics.
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March 07, 2025
Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit
A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.
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March 07, 2025
U. Of Washington To Pay $4M To End COVID Tuition Case
The University of Washington will pay $4 million to settle a class action filed by students seeking tuition reimbursement from the COVID-19 campus shutdown, according to a settlement that received a judge's preliminary approval this week.
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March 07, 2025
Husband Of Ex-Takeda VP Gets 2½ Years For Invoice Scam
The husband of a former Takeda Pharmaceuticals vice president was sentenced in Massachusetts federal court Friday to two and a half years in prison for his role in a scheme to dupe the drug giant out of $2.3 million through bogus invoices.
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March 07, 2025
Steward Health Gets OK For Deal On Transition Contracts
A Texas bankruptcy judge Friday gave Steward Health Care the go-ahead to turn over responsibility for transition services for the dozens of hospitals it has sold during its Chapter 11 case to another hospital chain.
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March 07, 2025
Pa. Bitcoin Miner Sues In Del. Alleging Host Co. Padlocking
A bitcoin mining venture has sued its western Pennsylvania hosting company in Delaware's Court of Chancery, accusing the host of blocking access to nearly 22,000 mining servers after the venture owners terminated a contract and announced plans to move the equipment.
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March 07, 2025
Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins
In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.
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March 07, 2025
Aecom Gets $8M Atty Fee Award In Colo. Toll Lanes Dispute
A Colorado federal judge has awarded design firm Aecom nearly $8.3 million in attorney fees for prevailing in a contract fight over a state toll lanes project, but did not award the full amount the company requested because it failed to justify certain costs and separate attorneys' work across different disputes.
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March 07, 2025
California Bar Orders Investigation Of Flawed Exam
The State Bar of California is bringing on an independent investigator to look into the problem-plagued administration of the February bar exam, which left scores of test-takers feeling cheated.
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March 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an Iranian oil company sued for $95 million, Betfred hit with a lawsuit from a property company and NHS England face a human rights claim brought by a man detained under the Mental Health Act for over 20 years. Here, Law360 looks at these and other new claims in the U.K.
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March 07, 2025
Amazon Driver Can't Get Mass. Court's Ear In Wage Suit
A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.
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March 06, 2025
Staffing Co. Forced Dynata To Increase Prices, Jury Hears
An attorney representing Dynata LLC grilled an executive for a staffing company during a trial in a Texas state court Thursday, saying the staffing company "put a gun" to Dynata's head to get it to agree to price increases.
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March 06, 2025
Trump's FCPA Freeze Puts Coal Exec Bribery Case On Hold
A coal company executive who was set to go to trial next month on bribery and money laundering charges had his case paused by a Pennsylvania federal judge Thursday, after President Donald Trump signed an executive order in February that froze enforcement of the Foreign Corrupt Practices Act.
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March 06, 2025
Insurance Mogul Can Pursue $8.2M Battle Over NC Office Park
Convicted insurance mogul Greg Lindberg and his company Global Growth Holdings Inc. will have another shot at counterclaims in an unpaid rent lawsuit against another company once owned by Lindberg, a North Carolina state appeals court ruled Wednesday.
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March 06, 2025
Reuters Won't Have To Turn Over Meta AI Deal To Authors
A California federal judge has sided with Reuters News & Media Inc. that it doesn't have to turn over its multi-year licensing agreement with Meta Platforms Inc. to use its news content in Meta's AI chatbot to authors suing OpenAI Inc. for allegedly using their books to train OpenAI's large language models.
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March 06, 2025
Engineer Denies WSFS Contract In 40-Story Sign Crash Dispute
A Garden State engineering firm has asked a New Jersey federal judge to dismiss Wilmington Savings Fund Society FSB's lawsuit after part of the bank's iconic logo sign crashed 40 stories to the ground in Philadelphia, arguing that it has no contract with the financial institution.
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March 06, 2025
Ga. Attys Fight Bid To 'Hijack' $44M Realtor Settlement
Attorneys hoping to finalize a $44 million class action settlement in Georgia with four real estate brokerages urged a federal judge Thursday to reject a bid to "hijack" their litigation by the lawyers behind the series of landmark settlements with the National Association of Realtors and various brokerages over their fee inflation practices.
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March 06, 2025
Exec Says Signature Was Forged In Case Against Pot Bank
An executive for a venture capital firm is asking an Oregon federal judge to set aside default judgments entered this week against him and his company in a suit against a defunct cannabis "neobank," saying his signature was forged on the proof of service.
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March 06, 2025
NJ Judge Open To FCPA Trial Delay, But Unsure How Long
A federal judge said Thursday that he is inclined to allow the new Trump-appointed U.S. attorney for New Jersey some time to review the long-running criminal case against two ex-Cognizant Technology Solutions Corp. executives before going to trial, but ordered both sides to file detailed briefs by Monday to help him determine just how much time.
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March 06, 2025
NJ Atty Seeks Exit From Developer Suit Over Escrow Cashout
A New Jersey attorney who served as agent on an escrow agreement asked to escape a developer's lawsuit that came after a venture capital firm failed to produce a $6 million loan to build a luxury hotel in Taos, New Mexico.
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March 05, 2025
Dynata Tells Texas Jury Failure To Indemnify Was 'Last Straw'
An executive at Dynata LLC on Wednesday told a state jury in Dallas a staffing company's refusal to indemnify it for a wage and hour suit was the "last straw," saying the staffing company had already broken the contract in a variety of ways.
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March 05, 2025
AME Church, Plan Admin To Pay $60M To Exit Retirement Suit
The African Methodist Episcopal Church and a retirement plan manager will pay a combined $60 million to resolve claims that they failed to prevent a rogue church employee from embezzling nearly $90 million from its retirement plan, according to a filing in Tennessee federal court.
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March 05, 2025
Ex-USF Ballplayers Denied Class Cert. In Sex Harassment Suit
A group of former University of San Francisco baseball players on Wednesday lost a bid to have their lawsuit alleging that ex-coaches for the Jesuit university created a sexually abusive environment go forward as a class action.
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March 05, 2025
Black Colo. Homeowner Joins DOJ's Race Bias Refi Suit
A Denver homeowner joined the federal government in its suit accusing Rocket Mortgage LLC and other parties in Colorado federal court of deliberately undervaluing her home because she's a Black woman.
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March 05, 2025
Daimler Truck Unit Says Supplier Can't Halt Parts Shipments
A subsidiary of Daimler Truck North America urged a Michigan federal judge on Tuesday to order a Mexican supplier to keep shipping parts needed to produce heavy-duty trucks, telling the court the supplier's threat to suddenly stop shipments could lead to layoffs and major disruptions to the auto supply chain.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.