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Commercial Contracts

  • August 22, 2025

    Bank Must Produce Records On Prepaid Debit Card Program

    Former inmates accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards will be allowed to access certain records maintained by the financial service contractors the bank used to administer the cards, a Washington federal magistrate judge determined.

  • August 22, 2025

    NYC Mall Lenders, Developer Ax Foreign Investor Suit

    A New York federal judge dismissed foreign investors' suit over the loss of their investment in a New York City mall project, finding they failed to prove their investments were lost because parties allowed their funds to be subordinated to later financing provided by a Goldman Sachs affiliate.

  • August 22, 2025

    BNSF Sued In Del. Over 19 Locomotive Purchase Terms

    The Georgia-based owner of 19 locomotives leased to the nation's largest freight railroad in 2005 has sued in Delaware for their return, after Texas-headquartered BNSF Railway initiated a purportedly too-late, unilateral plan to hold and buy the equipment after a contested arbitration.

  • August 22, 2025

    NJ Judge Halts Ex-CEO's Sentencing After Habba Ruling

    Citing a federal court ruling that the Garden State's U.S. attorney is serving unlawfully, a New Jersey federal judge issued an order Friday postponing indefinitely the sentencing of the ex-chief executive of SCWorx Corp., who had promoted a $670 million COVID-19 test kit deal that later fell apart.

  • August 22, 2025

    DLA Piper Boosts VC Practice With Goodwin Atty In NY

    DLA Piper has added a longtime Goodwin Procter LLP partner to its emerging growth and venture capital practice in New York, the firm announced.

  • August 22, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.

  • August 22, 2025

    Real Estate AI Co. Can't Dodge $100M Share Deal Breach Suit

    A New York federal judge has mostly denied reAlpha Tech Corp.'s bid to toss a Luxembourg-based investment firm's suit seeking to enforce a $100 million share purchase agreement, rejecting reAlpha's arguments seeking to toss the suit's breach of contract and damages claims but dismissing the plaintiff's declaratory judgment claim.

  • August 21, 2025

    Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys

    Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."

  • August 21, 2025

    Google Got App Data Profits After Pledging Privacy, Jury Told

    A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.

  • August 21, 2025

    Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing

    A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing. 

  • August 21, 2025

    Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash

    The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.

  • August 21, 2025

    Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe

    Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald. 

  • August 21, 2025

    OnlyFans Flags Bogus Citations In RICO Fraud Suit

    Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.

  • August 21, 2025

    NC Judge Warns Sabotage Trial Might Be A 'Slugfest'

    A North Carolina Business Court judge hinted Thursday that he might let a jury decide whether an ordinary person could deduce the identities of a couple who claim they were defamed online by their former friends, but he also urged the feuding families to consider what it might ultimately cost to take their case to trial.

  • August 21, 2025

    Receiver In Nate Paul Dispute Not Entitled To $2.8M In Fees

    A state appeals court said Thursday that a receiver in a dispute involving companies owned by real estate investor Nate Paul can't recover $2.8 million in fees because the sum the fees stem from never came into his possession.

  • August 21, 2025

    Guards Say DHS Contractor Can't Escape Wage Suit

    Employees of a contractor providing security at a U.S. Department of Homeland Security campus told a D.C. federal judge the company can't use a union agreement to escape allegations it's violating the district's wage and overtime laws.

  • August 21, 2025

    Foundry Exec Says Hong Kong Partner Took $1.3M By Fraud

    A Pennsylvania consultant and foundry executive claims he was fooled into sending his Hong Kong business partner $1.3 million from the sale of a machine shop, then pushed out of their joint venture without being repaid, according to a lawsuit filed in state court Wednesday.

  • August 21, 2025

    Seton Hall Gets COVID-19 Death Suit Tossed For Good

    A New Jersey federal judge wasn't swayed by new arguments brought by parents of a Seton Hall University sophomore who died during a COVID-19 isolation period, saying their contract-related claims failed to establish one existed at all.

  • August 21, 2025

    NY Appeals Court Throws Out Trump's $500M Fraud Penalty

    A divided New York state appeals court panel on Thursday tossed a nearly $500 million civil fraud penalty against President Donald Trump and his sons, companies and their executives, ruling that the fine was "excessive," but kept in place a judge's finding of liability.

  • August 20, 2025

    Ohio Justices Free Bank From $77M Guaranty Disclosure Duty

    The Ohio Supreme Court on Wednesday ruled that nothing in state law required Huntington Bank to inform a co-signer of a $77 million loan guaranty about the risks associated with signing the deal with two other partners, one of whom later pled guilty to a check-kiting scheme.

  • August 20, 2025

    Masimo's 'Empty Voting' Suit Against Founder Gets Green Light

    A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.

  • August 20, 2025

    Judge Keeps Yale-Prospect Medical Sale Feud In Ch. 11 Court

    A Texas bankruptcy judge on Wednesday paused Yale New Haven Health Services Corp.'s request to reopen a $435 million Connecticut feud over a deal to purchase three hospitals from debtor Prospect Medical Holdings Inc., saying she first wants to hear Prospect's plan to repair the troubled contract.

  • August 20, 2025

    Texas Judge Keeps Intact Suit Alleging Anadarko Busted Well

    A Texas federal judge kept intact a suit brought by W&T Energy VI LLC claiming Anadarko Petroleum Corp. improperly operated equipment on an offshore oil and gas well and then lied about the damages, saying Wednesday that W&T adequately alleged its claims.

  • August 20, 2025

    Texas AG Says Chase Can't Recoup Failed $10M Project

    The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.

  • August 20, 2025

    Envestnet Didn't Preserve Data In IP Suit, Special Master Says

    A special master in Delaware federal court has recommended sanctioning Envestnet for failing to properly preserve data from a piece of log management software as part of a suit, accusing it of scheming to steal rival fintech software company FinApps' trade secrets.

Expert Analysis

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

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