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Commercial Contracts
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April 08, 2025
Construction Co. Says Iraq In Contempt In $120M Award Suit
A Cypriot construction company has urged a D.C. district court to fine the Iraqi government $15,000 per day on claims that it isn't complying with a discovery order over a $120 million arbitral award against the country in a port project dispute.
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April 08, 2025
4th Circ. Won't Revisit Ambiguous Endorsement Ruling
The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.
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April 08, 2025
Singapore Court Nixes Railway Award Over Copy-Paste Issue
Singapore's highest court on Tuesday affirmed the nixing of an arbitral award issued in an Indian railway contract dispute that incorporated an "extensive" amount of passages copied and pasted from separate, related awards, saying a reasonable observer would likely conclude that the tribunal's decision was biased.
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April 08, 2025
ArentFox Schiff Loses Rolling Stones IP Atty To Barton
Music rights heavyweight Ross Charap is moving from his longtime perch at ArentFox Schiff LLP to Barton LLP, bringing with him clients like The Rolling Stones and the estate of international opera star Jessye Norman.
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April 08, 2025
Warner Bros. Wants Rights Protected In Film Co. Ch. 11 Sale
Warner Bros. has objected to the proposed Chapter 11 bidding procedures and debtor-in-possession financing of bankrupt Village Roadshow, asking the court to protect its rights to more than 90 films the parties co-produced and keep its cut of the proceeds ahead of other creditors.
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April 08, 2025
Ranch Seller Lied To 'Yellowstone' Creator, Justices Told
A Texas appeals panel questioned Tuesday whether the former owner of a 600-acre, $10 million ranch knew about a significant roof leak before he sold the property to "Yellowstone" creator Taylor Sheridan, asking if the seller had indeed told his employee to "keep your mouth shut" about the leak.
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April 08, 2025
4th Circ. Says Insurer Needn't Chip In For $9M Fatal Fire Deal
A Munich Re unit needn't contribute to The Travelers Indemnity Co.'s $9 million settlement of suits brought over a fatal apartment fire, the Fourth Circuit ruled Tuesday, saying the unit's policy issued to a North Carolina county's emergency services department did not also extend coverage to its 911 call center.
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April 08, 2025
Pacira Reaches IP Deal Allowing Generic Painkiller In 2030
Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.
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April 08, 2025
Amec Unit Can't Escape 'Vexatious' Biofuel Plant Suit
A Georgia federal judge has refused to release energy construction giant Amec Foster Wheeler from claims that it performed subpar work on two Peach State biofuel plants and cost its operator $250 million, ruling Monday that a prior effort to force the contractor into arbitration doesn't count as a duplicative action.
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April 08, 2025
Fla. Cloud Co. Accuses Ex-Board Member Of SPAC Fraud
A Florida cloud storage business has accused a former board member of securities fraud in federal court, alleging that a side agreement splitting a finder's fee with an unregistered broker he introduced for a merger deal wasn't disclosed, and now the company faces shutdown if an asset sale isn't halted.
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April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told
The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
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April 08, 2025
McCarter & English Fights DQ Bid In NJ Food Biz Quarrel
McCarter & English LLP pushed back on a disqualification bid from a New Jersey food industry executive in federal court this week, arguing that the plaintiff is attempting to "fabricate" a previous attorney-client relationship to demand disqualification.
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April 08, 2025
Former Prada GC Fashions Move To Fisher Phillips In NY
Fisher Phillips has hired the legal function leader of Prada Group as a New York office partner to expand the firm's retail industry offerings.
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April 08, 2025
Freight Co. XPO Sues Ex-Executive Who Left For Nearby Rival
Less-than-truckload transportation company XPO Inc. has accused a former local account executive of breaking a noncompete agreement after he left his job at its Cincinnati service center to work at a competitor only a six-minute drive away.
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April 07, 2025
X Tells Dallas Jury VidStream Can't Win $632M In Video IP Row
X told a Dallas jury it worked hard to create video sharing systems that have "fundamental" differences to the technology VidStream claims the social platform pilfered in a near decade-long intellectual property lawsuit, asking the jury to deny VidStream's request for $632 million in damages.
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April 07, 2025
Torrent Seeks Arbitration In Drug Commercialization Fight
A subsidiary of Indian multinational company Torrent Pharmaceuticals is urging a Delaware judge to force OWP Pharmaceuticals to arbitrate a dispute over issues that allegedly delayed the U.S. commercialization of its epilepsy and anti-seizure medications.
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April 07, 2025
Chancellor Asks About High Court Case In $2.1B SPAC Row
A Delaware vice chancellor wondered Monday why neither side of a derivative suit over the $3 billion take-public merger of battery maker Microvast Holdings Inc. spoke about a recent state supreme court case relevant to the dispute.
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April 07, 2025
Bakery Oil Trial Begins With Split Over Formulas' Secrecy
Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.
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April 07, 2025
Fintech Customers Sue Banks Over Synapse Collapse
Evolve Bank & Trust and Lineage Bank were hit with a consumer's proposed class action in Tennessee federal court accusing them of mismanaging their relationships with Synapse Financial, a now-bankrupt middleware fintech service that the suit says caused customers to lose $85 million.
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April 07, 2025
Incyte Can't Get Pretrial Win In Novartis Royalty Fight
A New York federal judge has disagreed with Incyte Corp.'s argument that its interpretation of a drug commercialization contract at the heart of a royalties dispute with Novartis Pharma AG is the right one, ahead of a jury trial scheduled next month.
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April 07, 2025
Jaguar Land Rover Inks Patent License Deal With Avanci
Avanci and British automotive manufacturer Jaguar Land Rover have struck a deal over a pool of essential patents linked to 5G connected vehicles, the U.S. license operator announced Monday.
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April 07, 2025
Denver Builder Says Ex-Employee Stole Info For Competitor
A full-service general building contractor has accused a former employee and an industry rival in Colorado state court of using stolen confidential business information to make a competitive bid for a 2025 "large scale" Colorado project that's anticipated to create more than $20 million in revenue.
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April 07, 2025
Twins' Doctor Ducks Penalty In Baseball Player's Death Suit
A Florida state court judge Monday declined to penalize a Minnesota Twins doctor for a previously undisclosed text messages that allegedly contradicted deposition testimony over what he knew regarding the treatment status of a minor league baseball player's fatal heart condition, saying the misstep didn't rise to a punishable level.
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April 07, 2025
DraftKings Eyes 3rd Circ. Review Of MLB Players' Suit Claims
DraftKings has asked a Pennsylvania federal court to allow the Third Circuit to weigh in on key unsettled legal issues in a lawsuit that accuses the organization of using the photos of MLB players without permission, saying a decision in its favor could end the case.
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April 07, 2025
Ex-AG Lynch Exits $10B McDonald's Bias Case Ahead Of Trial
Paul Weiss partner and former U.S. Attorney General Loretta Lynch is stepping away from McDonald's defense in Byron Allen's $10 billion bias lawsuit against the fast food giant, just months before the case is slated to go to trial.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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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.