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Commercial Contracts
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February 04, 2025
Lindberg Fights NC Charging Order Against His Florida Co.
Convicted mogul Greg Lindberg has told the North Carolina state appeals court that an insurer he's accused of defrauding can't collect a $524 million judgment against him by going after his out-of-state holding company, arguing that the trial court has no power over him or his business in Florida.
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February 04, 2025
SEC Receiver, Atty Agree To Settle Fraud Transfer Claims
A court-appointed receiver for a U.S. Securities and Exchange Commission case has reached a settlement with parties who allegedly received hundreds of thousands of dollars' worth of transfers from a fraudulent foreign exchange trading scheme, including the attorney and family of a convicted executive.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
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February 04, 2025
Jr. Hockey League Seeks To Block Team Move To Competitor
A junior hockey league is asking a judge to block a Massachusetts team from jumping to a competing league, allegedly in violation of a 2022 franchise agreement that included a five-year non-compete provision.
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February 04, 2025
Apple Asks DC Circ. To Pause Google Search Case For Appeal
Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.
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February 04, 2025
'Sloppy' Work Hurts Lab's $20.6M Insurance Suit, Judge Says
A Connecticut federal judge said Tuesday that a contract lawsuit against insurer Aetna Inc. and its owner CVS Health Corp., seeking about $20.6 million in payment for laboratory services, seems to "suffer" from the fact that the plaintiff filed dozens of similar cases in short order.
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February 04, 2025
Cherokee Nation, Group Spar Over Ark. Casino License Docs
A federal district court is set to determine if the officers of a ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business' casino license and the public affairs firm must hand over documentation in the dispute.
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February 04, 2025
MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules
A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.
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February 04, 2025
Delta Accused Of Copyright Infringement For Software Use
Delta Air Lines is facing a copyright infringement lawsuit in Georgia federal court for allegedly authorizing Broadcom-owned software development company CA Technologies' DX NetOps software to be used on nearly 15,000 more devices than permitted under their licensing agreement.
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February 04, 2025
Conn. Atty Sues Client, Lawyer Over State Farm Settlement
A small Connecticut personal injury firm has sued a Bloomfield personal injury attorney and a former client in state court for breach of contract and unjust enrichment, accusing them of failing to hand over a one-third fee from a $35,000 State Farm insurance settlement.
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February 04, 2025
Attys Seek $1.25M From Shuttered Nursing School Settlement
Attorneys with the Connecticut boutique firm Hurwitz Sagarin Slossberg & Knuff LLC are seeking a 25% cut of a $5 million class action settlement for students whose career paths were sent spiraling by for-profit nursing school Stone Academy's sudden shutdown in February 2023.
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February 03, 2025
Co.'s Coverage Suit Over $1.9M Email Spoof Scheme Tossed
An Alaska federal court on Monday officially dismissed a construction company's lawsuit accusing Travelers of a bad faith refusal to provide directors and officers coverage for a $1.9 million email spoofing scheme, days after the construction company filed a voluntary motion to dismiss with prejudice.
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February 03, 2025
11th Circ. Bias Fight Could Set Bar For Trans Benefits Suits
The full Eleventh Circuit will hear arguments Tuesday from a Georgia county looking to overturn a trial court's ruling that found its health plan's denial of gender-affirming surgery violated federal anti-discrimination law, in a case that could help clarify how a 2020 U.S. Supreme Court decision impacts employee benefits.
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February 03, 2025
OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit
OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict
A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.
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February 03, 2025
Utah Court Urged To Preserve $8.3M In Messner Reeves Funds
Several companies from Florida, New York and Utah have urged a Utah federal court to order Messner Reeves LLP to preserve $8.3 million purportedly locked away in an escrow fund, saying the law firm appears to be breaking a business loan agreement by dissipating the funds to unknown entities.
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February 03, 2025
COVID Test Row Hinges On Appeal Notice, 2nd Circ. Hints
A Second Circuit appellate judge suggested Monday that a union benefit plan may not have been acting fully aboveboard when it did not notify a Connecticut medical practice of an appeal process after it denied reimbursements for COVID-19 testing, but he also met the practice's accusations with skepticism.
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February 03, 2025
Cozen Adds Ex-Carlton Fields Construction Pro In Boston
Cozen O'Connor has added an ex-Carlton Fields PA partner as a Boston-based member of its construction law group, the firm announced Monday.
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February 03, 2025
Food Plant Says AIG, Others Stalling Fire Payout
A Massachusetts food plant that sustained extensive damage in two fires 10 days apart last year says its insurers, led by AIG, have covered just 1% of its losses and appear to want the company to pay two deductibles totaling nearly $10 million, despite findings that the two fires were connected.
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February 03, 2025
Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim
The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal
A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.
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February 03, 2025
Studio Used By Apple, Pop Stars Says Noise Forced Move
A Boston music and sound production company whose clients have included Apple, NBC Universal, Disney and pop group New Kids on the Block says its former landlord should cover the cost of lost business and moving to a quieter location after construction noise disrupted dozens of sessions.
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January 31, 2025
Artist Says Fraudsters Peddled Access To Musk
A digital artist filed a lawsuit Thursday against several individuals, including one described as a "serial informant for the Justice Department," claiming they fraudulently peddled access to boxer Floyd Mayweather and Elon Musk under the guise of high-profile marketing services for the artist's collection.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.