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Commercial Contracts
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October 31, 2025
Twin Peaks Lender Says Developer Defaulted On $12M Loan
A Florida franchisee group is suing a developer in state court over a $12 million loan to build two Twin Peaks restaurants in an EB-5 visa program, alleging the developer defaulted on the note and then told the IRS that it converted the loan into equity interest. Â
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October 31, 2025
First Trans Judge In Mass. Advocates Courtroom Courtesy
Boston Municipal Court Judge Connor M. Barusch spent nearly two years navigating the complicated process to become a judge in Massachusetts. In this interview with Law360, they say their path to becoming the first judge in state history who identifies as nonbinary and transgender will help diversify the bench and better serve the community.
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Insurers Denied Bid To Stay Avon's Ch. 11 Plan For Appeal
A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparably harmed by the plan taking effect.
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October 31, 2025
4 Mass. Rulings You May Have Missed In October
Massachusetts state court judges in October dealt with missing details in a trade secrets case, missing lawyers in a proposed class action over COVID-19-related refund demands, and missing evidence during summary judgment proceedings.
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October 31, 2025
CREXi Can't Get CoStar's Copyright Claims Put On Hold
A California federal court refused a bid from Commercial Real Estate Exchange Inc. to pause CoStar Group Inc.'s "mass" infringement claims so they can be tried alongside CREXi's recently revived antitrust counterclaims.
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October 31, 2025
Drone Co. Says 'Disgruntled' Ex-VP Tried To Torpedo Funding
A manufacturer of emergency response drones is characterizing a state court lawsuit brought by its former vice president of sales that claims he was shortchanged on pay and commissions as the grumblings of a "disgruntled" ex-employee who allegedly tried to sabotage the company.
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October 31, 2025
Florida Firm Blasts Bid For More Sanctions In IP Fight
Peter Ticktin, Ticktin Law Group PA and a client are urging a Florida federal judge to reject a bid by two smart glass companies for sanctions and an estimated $700,000 in attorney fees in a patent infringement case, calling the request an attempted "double recovery" after a $321,000 sanction was already levied.
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October 31, 2025
Insurer, Subcontractor Settle Sinkhole Coverage Dispute
A subcontractor and its insurer told a Washington federal court that they've settled their coverage dispute over whether the subcontractor lodged an untimely defense tender for a now-settled counterclaim concerning a sinkhole at a Seattle ship canal project.
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October 31, 2025
Immigrant Says Ogletree Botched Work Authorization
A Pittsburgh-based Meta employee and Carnegie Mellon University graduate claims mishandled paperwork by attorneys at Ogletree Deakins Nash Smoak & Stewart PC forced him to temporarily leave the U.S. after an extension of his legal status was denied.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 31, 2025
NC Attorney General, HCA Duel Over Merger Commitments
The North Carolina Attorney General's Office and HCA Healthcare have offered competing interpretations of a 2019 merger agreement in their efforts to secure a pretrial win in the state's compliance case involving the purchase of an Asheville hospital system.
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October 31, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two regional law firms clash at the intellectual property court over the name Amicus Solicitors, Bill's Restaurant face a breach of contract suit by its former executive chair, and a Capita subsidiary sue the Metropolitan Police over a multimillion-pound procurement dispute.Â
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October 30, 2025
Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' Suit
Intuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored."
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October 30, 2025
Ga. Judges OK Axing Of Atty's Slander Suit Against Ex-Client
A Georgia appellate panel Thursday backed the dismissal of an attorney's lawsuit against a former client who sued him for legal malpractice, ruling that the complaint boiled down to an abusive litigation claim that couldn't be pursued until the underlying case was complete.
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October 30, 2025
NC Justices Asked To Weigh In On Solar Co.'s Insurance Fight
A solar panel company urged the North Carolina Supreme Court to review its failed attempt to vacate a $1.4 million judgment it was ordered to pay an insurer, arguing that a lower court's opinion unduly narrows rules on vacating default judgments.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
NASCAR Driver Says Life Insurer Pitched Him 'Financial Trap'
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a form of tax-free retirement income, according to a North Carolina state court complaint.
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October 30, 2025
Ice Miller Welcomes Real Estate Pro Back To The Firm
A transactional real estate pro joined Ice Miller LLP's real estate, environmental and energy law practice group, a veteran who rejoined the firm from Quarles & Brady LLP, the firm announced on Thursday.
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October 30, 2025
Boeing Rips Irish Leasing Co. 'Stonewalling' In 737 Max Suit
Boeing has told a Washington federal judge that an Irish aircraft leasing company keeps stonewalling and should be ordered to sit for depositions in a breach-of-contract suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas.
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October 30, 2025
Takeda Fails In Bid To Avoid IBS Drug Antitrust Trial
A Massachusetts federal judge has teed up Takeda Pharmaceutical for trial next year on claims from health insurers, self-insured employers, retailers and wholesalers accusing it of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza, rejecting competing motions from the drugmaker and plaintiffs for early wins.
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October 30, 2025
NJ Panel Backs Tossing Of Fraud Suit In Industrial Lease Row
A New Jersey state appeals court on Thursday rejected a container loading company's bids for a revival of its permanently dismissed suit, which accused a landlord of leasing a poorly maintained property.
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October 30, 2025
McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears
A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.
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October 30, 2025
Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit
A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash dispute that resulted in a $7.5 million judgment.
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October 30, 2025
Mich. Justices Take Up Stellantis Supplier's Contract Dispute
The Michigan Supreme Court has agreed to take up a Stellantis supplier's appeal of a decision forcing it to continue supplying the automaker with parts at a loss, giving the court a chance to resolve the enforceability of a common supply contract term.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.