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Commercial Contracts
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May 16, 2025
Krispy Kreme Overhyped McDonald's Pact, Investors Say
Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.
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May 16, 2025
Name Mix-Up Costs Lender Property Claim, 5th Circ. Says
A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.
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May 16, 2025
State Immunity In England Needs Clarification, Judge Says
Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.
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May 16, 2025
Infrastructure Co. Eurofinsa Looks To Seize Gabon's Assets
Eurofinsa SA has asked a D.C. federal court for permission to begin seizing the Gabonese Republic's assets as the Spanish company that specializes in global infrastructure projects looks to enforce a nearly $18 million arbitral award against the African country.
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May 16, 2025
Co. Looks To Dodge $5M Award From Laotian Casino Deal
The government of Laos, as it attempts to enforce some $5 million in arbitral awards related to a failed casino venture, still has not proven that the case should be decided in U.S. federal court in the Northern Mariana Islands, one of the companies owing the money said Friday.
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May 16, 2025
Zurich American Says Ex-Liability Head Poached Workers
Zurich American Insurance Co. has sued its former New York City-based head of management liability for allegedly poaching two employees by luring them to rival Everest Insurance when he took a new gig there, in violation of a one-year nonsolicitation agreement.
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May 16, 2025
NJ Transit Calls Unions' Refusal To Cross Picket Line Unlawful
NJ Transit has hit two unions with lawsuits in New Jersey federal court over a rail strike that began Friday, accusing a Teamsters unit and the American Train Dispatchers Association of violating the Railway Labor Act by refusing to cross another Teamsters unit's picket line.
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May 16, 2025
Armory Sues Wayzata, Others Over 'Black Box' Funding Deals
Armory Capital Group LLC and three affiliates sued Wayzata Investment Partners, Houlihan Lokey Inc. and others in Delaware's Court of Chancery on Friday, alleging fiduciary breaches聽in connection with multiple unexplained and purportedly conflicted "black box" financing deals for Oregon-based aerospace venture Erickson Incorporated.
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May 16, 2025
'Minute Entry' Counts As Real Judicial Order, 2nd Circ. Rules
A Connecticut federal judge's oral ruling and follow-up minute entry were formal orders that triggered a 30-day countdown to appeal losses in a contract dispute worth $1.7 million, a Second Circuit panel has held, saying a plastic resin producer's interpretation of the relevant local rule "rings of empty formalism."
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May 16, 2025
Food Co. Says Partner Owes $5M In Back Rent On Warehouse
A dietary supplement maker sued its partner on a lease for a Denver-area warehouse, claiming the other company failed to make a single payment after they agreed to split the 10-year lease in 2021.
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May 16, 2025
Disaster Relief Biz Partner Won't Split Duke Payout, Suit Says
A North Carolina man who runs a company that provides support services for disaster relief has accused his business partner of pilfering his payout from a contract to provide meals for Duke Energy workers assisting in recovery efforts after Hurricane Helene.
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May 16, 2025
Insurer Owes $3.8M For Honda Airbag Class Counsel Costs
A Tokio Marine unit must pay over 5.4 million Canadian dollars ($3.8 million) for class counsel fees that Honda Canada Inc. incurred in underlying class actions over airbag deficiencies, but is off the hook for CA$2.9 million in settlement administration costs, a Canadian court affirmed.
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May 16, 2025
Appellate Ruling Merits New Shot At Sales Regs, Distiller Says
A New York distillery and two Washington whiskey drinkers are asking a federal judge to reconsider the Washington state liquor board's win in a challenge to rules requiring a physical in-state presence to sell online, saying they never got to analyze the circuit ruling on which the decision was based.
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May 16, 2025
Lin Wood's Ex-Partners Awarded $11M Over Firm Split
Ex-attorney L. Lin Wood must pay his former law partners more than $11 million in a long-running fee dispute stemming from the breakup of their firm, an Atlanta jury has said, less than a year after Wood was ordered to pay his former partners聽$4.5 million in a related federal defamation trial.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
Ex-Womble Bond Atty Heads To Chicago With Shook Hardy
Shook Hardy & Bacon LLP has expanded its Chicago office with the recent addition of an attorney with nearly 40 years of experience representing clients in mass tort matters and commercial disputes.
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May 16, 2025
Susan Sarandon, Contractor End Dispute Over Vt. Home
Hollywood actress Susan Sarandon has resolved a dispute with a contractor that oversaw construction and maintenance for her $2 million sustainable Vermont retreat, which featured a geothermal heating system she claimed was less efficient due to missing insulation, according to a filing in Massachusetts federal court.
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May 16, 2025
RV Camp Part-Owner Wins Battle In Ongoing Ownership Fight
The North Carolina Business Court ruled that the part-owner of an RV and cabin campsite did not actually transfer her interest in the individual units at that camp to a development company she helped create before her relationship with that firm and her business partners soured.
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May 15, 2025
Taylor Swift Fans Get Final Shot At Ticketmaster Antitrust Suit
A California federal judge said Thursday he will give hundreds of Taylor Swift fans one more opportunity to amend a complaint against Ticketmaster alleging antitrust violations related to ticket sales for the pop superstar's Eras tour, but stressed it will be the last amendment he will allow.
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May 15, 2025
Trump Media Pushes Presidential Immunity In Del. Hearing
President Donald Trump's social media company on Thursday continued to urge the Delaware Chancery Court聽to, at a minimum, pause a lawsuit brought by investors alleging that the platform going public cheated them out of their shares, arguing that "the power to sue the president, is the power to destroy the presidency."
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May 15, 2025
Paul Mitchell Buyers Near Cert. In Cruelty-Free False Ad Suit
A California federal judge indicated on Thursday that he'd likely certify a Golden State class of Paul Mitchell customers who allege the hair care products maker deceptively concealed its animal testing in China while touting its U.S. products as cruelty-free.
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May 15, 2025
'It Ends With Us' Producers Must Hand Over Net Worth Docs
Justin Baldoni and other producers of "It Ends With Us" must turn over to Blake Lively financial records showing their net worth in the legal battle between the film's stars, a New York federal judge has ruled, saying the information is fair game since Baldoni's side claims to have lost $400 million due to Lively's alleged smear campaign.
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May 15, 2025
LG Cheats Buyers By Starting Warranties Early, Suit Says
LG Electronics is cheating consumers and breaking California's consumer warranty law by starting warranty periods at the dates consumers buy the appliance company's products and not when products are delivered, two California residents alleged in a putative class action filed Wednesday.
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May 15, 2025
Wayfair IT Contract Claims Must Be Arbitrated, Court Hears
An information technology firm has told a Texas federal judge that another IT provider must arbitrate its fraud suit against the firm stemming from their contract to provide software and hiring services to online retailer Wayfair LLC.
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May 15, 2025
NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash
A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."
Expert Analysis
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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 麻豆传媒 Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court鈥檚 recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of 鈥渄irect physical loss or damage,鈥 say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes 鈥 from summary judgment standards to notice pleadings 鈥 which has, in turn, affected individuals鈥 substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change 鈥 but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better 麻豆传媒yers
Similar to the practice of law, the rules of Diplomacy 鈥 a strategic board game set in pre-World War I Europe 鈥 are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Series
Collecting Art Makes Me A Better 麻豆传媒yer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals 鈥 and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.