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Commercial Contracts
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February 13, 2025
Mental Health Group Says Ga. Analyst Lied About Work
Cheerful Therapy LLC filed suit against Georgia-based Anelyst Accounting LLC and Nicholas Hawkins in federal court, alleging they solicited it to pay for the creation of a mental health group practice with the intent of secretly transferring the group to a new limited liability company in which Cheerful had no rights or interest.
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February 13, 2025
Oil & Gas Co.'s Antitrust Suit Baseless, Insurers Say
Insurers who hold surety bonds in an oil company and have been accused of colluding with other bondholders to demand additional collateral have urged a Texas federal court to dismiss the antitrust allegations against them, saying the dispute is contractual only.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Atty Can Keep Fees In Foreclosure Row, Mich. Panel Rules
A trial court shouldn't have ordered an attorney to refund fees for representing a condominium association in its failed attempt to foreclose on unit owners because the attorney was not a party to the action or accused of conversion, a Michigan appellate panel found Wednesday.
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February 13, 2025
Buyer Seeks $3.5M Price Cut Over Bungled Conn. Mill Cleanup
A property developer has asked a Connecticut Superior Court judge to lower the purchase price of a polluted industrial site in Branford from $6 million to $2.5 million, saying the seller failed to develop legitimate remediation plans and breached a settlement agreement that ended prior litigation.
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February 13, 2025
Insurers Say Adjuster Must Cover $66M Suit Over Boat Death
Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.
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February 13, 2025
Sidley Adds White & Case Litigators In Chicago
Sidley Austin LLP has grown its litigation offerings in Chicago with the addition of two former White & Case LLP partners, one of whom served as the leader of that firm's Windy City office.
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February 13, 2025
Musk's $97B OpenAI Bid Dubbed A 'Stunt' Amid Other Rumors
After a Wall Street Journal report on Monday revealed that a consortium of investors led by Elon Musk was offering $97.4 billion to buy the nonprofit that controls OpenAI, rumors began to swirl regarding the true intentions behind the billionaire's bid.
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February 13, 2025
Musk Says He'll Drop OpenAI Bid If It Scraps 'For Profit' Plans
Elon Musk has hit back at OpenAI's claim that his $97.375 billion takeover bid is improper, noting if the ChatGPT maker agrees to nix plans to become a for-profit business, his offer will be dropped.
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February 12, 2025
OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit
OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."
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February 12, 2025
Arkansas Looks To Dismiss Cherokee Gambling License Suit
Arkansas has urged a federal court to toss the latest version of a casino licensing suit by two Cherokee Nation businesses, arguing that they don't have the right to sue the state and that the court has already dismissed the state and its governor as defendants.
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February 12, 2025
Supply Co. Files Failsafe $387M Suit Amid Threat Of Dismissal
A medical supply procurement company has re-upped claims that a pharmaceutical middleman cut it out of a billion-dollar deal with the U.K. government to sell COVID-19 tests after newly unveiled information threatened to derail the long-running litigation.
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February 12, 2025
Software Co. Looks To Keep Ex-Chair From Transferring Stock
A yearslong feud between The Resource Group International Ltd. and its ousted former chairman has come back to New York federal court, where the software investment company is seeking an order barring the former executive from executing an alleged scheme aimed at regaining control of the company.
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February 12, 2025
Labcorp Can't Score New Trial After $384M Patent Loss
Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.
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February 12, 2025
Klarna Accused Of Intercepting Creators' Commissions
Online retail finance company Klarna Inc. got hit with a proposed class action by an internet content creator who claims the firm's automatic coupon-finding browser extension redirects customers who click creators' product affiliate links so that Klarna can take the referral commissions those creators depend on.
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February 12, 2025
United Airlines Asks Texas Judge To Toss COVID Vaccine Suit
United Airlines has asked a Texas federal judge to toss a "mass action" filed by roughly 700 current and former workers accusing the airline of discriminating against employees who resisted COVID-19 vaccination, saying most of the plaintiffs lack jurisdiction.
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February 12, 2025
Albertsons To Face Reduced Claims Over Tech Theft
A Washington federal judge has cleared software company Replenium Inc. to pursue trade secret and promissory estoppel claims against Albertsons, finding it plausibly alleged the grocer misused confidential information from their software partnership to build a competing auto-replenishment platform.
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February 12, 2025
Conn. Opposes Bankrupt Prospect Medical's 'Plunder'
Prospect Medical Holdings Inc. must be held accountable for harm that the hospital operator caused in Connecticut, but first, its three facilities in the state need to quickly transition to new ownership, the offices of the attorney general and the governor told a Dallas bankruptcy judge.
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February 12, 2025
Houston Firm Pushes For $30K Sanctions In Back Wages Case
A Houston law firm has urged an appellate court to sanction its former associate for his conduct during a back wages trial, saying that the trial court declined to decide the firm's motion despite having power over the case four months after the verdict.
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February 12, 2025
Atty Says Ex-Partner Filed Bogus Police Report Over Router
Connecticut attorney Ryan McKeen made "material misrepresentations" when reporting his ex-law partner Andrew Garza to the police for entering their former firm's office early one morning to retrieve an internet router, Garza told a state court judge in a renewed bid for sanctions against McKeen.
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February 12, 2025
Blank Rome Adds 2 Ex-Otterbourg Finance Pros In NY
Blank Rome LLP has added the former chair of Otterbourg PC's banking and finance department and a fellow asset-based lending and corporate transactions specialist previously with that firm as partners in its New York office, the firm has announced.
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February 12, 2025
NC Justices Weigh Blame For Errors In Insurance Application
The North Carolina Supreme Court on Wednesday grappled with who is to blame for misstatements in an insurance application that was prepared by an agent but signed by the homeowner, with the agency arguing it was on the homeowner to catch those mistakes.
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February 11, 2025
Zillow Hit With Proposed Class Suit Over StreetEasy Fees
Zillow was slapped with a proposed class action in Seattle federal court Tuesday by New York real estate firm that claims the company charges daily fees for listings properties on its StreetEasy platform, even after a listing real estate agent's name is obscured by a new agent.
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February 11, 2025
Orion Telescope Partly Revives $4M Fraudulent Transfer Suit
A California appellate court on Monday partially revived Orion Telescope's suit accusing rival Celestron Acquisition of orchestrating a fraudulent $4.2 million transfer to help another company avoid paying a judgment owed to Orion, ruling that Orion indeed adequately alleged conspiracy or aiding and abetting a fraudulent transfer.
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February 11, 2025
Quantum Computing Secures TRO In Battle With Investor
New Jersey-headquartered Quantum Computing Inc. won continuation of a Delaware Court of Chancery temporary restraining order Tuesday against a former consultant and advisory firm, barring their alleged use of trade secrets and other confidential information pending a preliminary injunction hearing or trial.
Expert Analysis
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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How FAR Council's Proposal May Revamp Conflicts Reporting
The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.