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Commercial Contracts
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June 12, 2025
Fla. Doc Sues In Del. Alleging Multistate Group Conspiracy
A Florida doctor and emergency room companies serving departments in Texas, Florida and Oklahoma have sued multiple entities in Delaware's Court of Chancery allegedly involved in an elaborate private equity-tied scheme to duck bans on the corporate practice of medicine.
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June 12, 2025
Live Nation Defending 'Unfair' Arbitration, Justices Told
Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.
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June 12, 2025
Panasonic Can't Get Fees After $1 Touchscreen Tech Loss
A Michigan federal judge on Thursday ruled that Panasonic can't collect nearly $318,000 in legal fees after Panasonic unit Sanyo North America Corp. was found to be on the hook for $1 in damages earlier this year to electronics company Oldnar Corp. for wrongly using its touchscreen technology to develop a vehicle console for General Motors.
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June 12, 2025
Humana, Aetna Underpaid For 340B Drugs, New Suits Say
Humana and Aetna are facing new claims in a trio of suits filed in North Carolina federal court alleging they underpaid health systems for drugs purchased through the federal 340B drug discount program.
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June 12, 2025
Charter Flight Co. Sanctioned In 'Hot Start' Damage Suit
A Kansas federal judge sanctioned charter flight company Sky Jet M.G. Inc. on Thursday in its suit alleging an aviation repair company improperly overhauled an engine component leading to a "hot start," finding Sky Jet deliberately tried to prevent the repair company from finding out about cockpit recordings of the incident.
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June 12, 2025
Locals Approve $3B Plan To Lure NHL Team Back To Atlanta
Officials in Forsyth County, Georgia, north of Atlanta, have signed off on a $3 billion mixed-use plan anchored by an arena, which developers hope will draw a professional hockey team back to the region.
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June 12, 2025
10th Circ. Says Timer Still Ticking In Sycamore Bakery TM Suit
The Tenth Circuit on Thursday backed a lower court decision shooting down a bid to terminate an order requiring the patriarch of a bakery business to hand over his portion of an LLC as part of a long-running feud with EarthGrains Baking Cos. Inc.
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June 12, 2025
Eurofinsa Can Begin Seizing Gabonese Assets, Court Says
A D.C. federal judge Wednesday gave the green light to a Spanish construction company to begin seizing assets owned by Gabon to enforce a nearly $18 million arbitral award, in a proceeding that the African nation has ignored since it was filed nearly two years ago.
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June 12, 2025
Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff
The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.
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June 12, 2025
Deal Ends Freedom Mortgage's Appeal Of $23M Verdict
Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.
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June 12, 2025
Insurer Says $30M Counterclaims Against Builder Not Covered
An insurer says it owes no coverage for nearly $30 million in counterclaims against a construction company that allegedly violated its contract for a Texas project, telling a Tennessee federal court that the counterclaims either didn't involve covered bodily injury or property damage or were otherwise excluded.
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June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale
A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.Â
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June 12, 2025
Security Co. Drops Trade Secrets Claims Against Contractor
A Connecticut security monitoring company on Thursday dropped a federal lawsuit alleging that a sales contractor bought a secret list of more than 20,000 clients from a service technician and hatched a plan to sell it to competitors.
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June 12, 2025
NC BBQ Restaurant's Trademark Tiff Lands In Federal Court
The namesake behind a chain of barbecue restaurants battling over their shared trademark being used on branded sauces has extricated a complaint from the North Carolina Business Court accusing it of Lanham Act violations, saying those claims belong in federal court.
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June 12, 2025
Protego Ends $200M Suit Alleging Failed Crypto Bank Promise
Protego Holdings Corp. has agreed to drop a lawsuit accusing a Texas-based firm of failing to deliver on a $200 million investment pledge in its launch of a cryptocurrency bank, which never materialized because rare conditional approval from the U.S. government lapsed over financing concerns.
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June 12, 2025
Redfin Investor Seeks $450K In Fees In Merger Disclosure Suit
A Redfin investor asked a Washington federal judge to award $450,000 in legal fees to Monteverde & Associates PC and Wohl & Fruchter LLP, claiming his lawsuit was beneficial to shareholders despite the court's decision to deny his preliminary injunction request to postpone an investor vote.
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June 12, 2025
Google Fights MDL Plaintiffs' Sanctions Bid Over Lost Chats
Google is pushing back on a request for sanctions that a slew of advertisers and publishers have brought in their antitrust lawsuit over the company's advertising placement technology, saying the plaintiffs have not shown Google hid evidence amid the "mountains" of electronically stored information it provided.
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June 12, 2025
Chancery Tags AstraZeneca Unit For $180M 'Expectation' Loss
Rejecting calls for a $755 million award, a Delaware vice chancellor ruled late Wednesday that a biopharmaceutical company's shareholders are due $180.9 million in post-merger "expectation damages" plus interest after an AstraZeneca PLC unit's failure to reasonably pursue an acquired drug prospect.
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June 11, 2025
Audible Can't Close Book On Audiobook Monopoly Suit
Audible must face a romance novelist's proposed class action alleging the Amazon-owned retailer monopolizes the audiobook market by trapping authors in unlawful exclusivity agreements to prevent their books from appearing on rival platforms while charging the authors supracompetitive distribution fees, a New York federal judge ruled Wednesday.
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June 11, 2025
sa¹ú¼Ê´«Ã½'s Fee Brief May Be Gone But Not Forgotten, Judge Says
A Seattle federal judge has allowed the Consumer Financial Protection Bureau to pull back its Biden-era amicus support for a consumer fee class action against Nationstar Mortgage, but she said she may still take the agency's prior legal arguments into account.
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June 11, 2025
Ga. PI Firm Says 'Distasteful' Practices Aren't Court's Concern
An Atlanta personal injury firm called on the Georgia Court of Appeals Wednesday to squash a proposed class action accusing it of stealing clients from other lawyers through shady solicitation practices, arguing that whether its business model is ethical or not, it isn't grounds for litigation.
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June 11, 2025
Consultant Pulls RTX Into Tech Co.'s $1.8M Contract Suit
RTX Corp. is responsible for a business consulting firm's inability to pay a tech subcontractor for data migration work, according to a third-party complaint that dragged the aerospace and defense giant into a $1.8 million court battle in Connecticut.
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June 11, 2025
Wash. Panel Grills Worker Family On $5M Asbestos Win Basis
A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.
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June 11, 2025
Del. Justices Press Atty On Earnout Damage Bid Despite Miss
Delaware Supreme Court justices focused on the basics Wednesday during data management venture STX Business Solutions LLC's bid to revive a suit that was tossed by the Court of Chancery in October and accused a buyer of skipping a profitable deal to avoid paying an "earnout" bonus of up to $5.5 million.
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June 11, 2025
VA Contractor To Pay $4.3M To Resolve Overbilling Claims
Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.