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Mayer Brown

US Solicitor General Supports Plan Sponsors on Key ERISA Legal Questions in US Supreme Court Amicus Briefs

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Over the summer, we published a Legal Update discussing the Supreme Court’s invitations to the US Solicitor General to file briefs expressing his views on whether to grant the cert petitions in two pending ERISA class actions...more

Akin Gump Strauss Hauer & Feld LLP

Previewing Appellate Arguments on Whether the False Claims Act’s Qui Tam Provisions Are Constitutional and, If Not, the Remedy:...

Recently, three Supreme Court Justices, unsolicited, invited inquiry into the constitutionality of the False Claims Act’s (FCA) qui tam provisions. This inquiry has vast significance. The FCA is the government’s chief weapon...more

Lathrop GPM

Kentucky Federal Court Finds No Private Right of Action Under State Supplier Coercion Statute

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A federal court in Kentucky recently granted in part and denied in part a motion to dismiss a distributor’s claims related to its two distribution agreements with hydraulic excavator and shovel manufacturer Hitachi...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Decide Federal Courts' Power to Hear Post-Arbitration Motions

Over the past few decades, the U.S. Supreme Court has issued a series of decisions exploring the scope of the Federal Arbitration Act (FAA). ...more

DLA Piper

Hong Kong Court Grants Non-Party Costs Against Director Over Abusive Appeal

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In Target Insurance Company Limited v Nerico Brothers Limited & Lee Cheuk Fung Jerff (2025) HKCA 1024, the Hong Kong Court of Appeal has handed down its Reasons for Judgment clarifying when a director may be made personally...more

Morris James LLP

Court of Chancery Dismisses SPAC Target’s Fraudulent Inducement Action in its Entirety

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Edwards v. GigaAcquisitions2, LLC, C.A. No. 2024-0591-LWW (Del. Ch. July 25, 2025) - The Court of Chancery dismissed at the pleading stage a claim by former members of a now-bankrupt health care company (the “Company”)...more

Lathrop GPM

New Mexico Federal Court Denies Suppliers’ Motion to Transfer Venue

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A federal court in New Mexico denied a supplier’s motion to transfer venue after finding that a forum selection clause was invalid under New Mexico law. Rawson Inc. v. Associated Materials, LLC, 2025 WL 137811 (D.N.M. Sept....more

Lathrop GPM

$900,000 Jury Verdict for Distributor’s Shareholders Cannot Be Set Aside for Lack of Standing

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The Tennessee Supreme Court recently rejected a manufacturer’s effort to set aside a $900,000 jury verdict for a former distributor’s shareholders for want of standing and jurisdiction. Houghton v. Malibu Boats, LLC, 2025 WL...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Affirms Waiver of Arbitration Rights in Wage and Hour Class Action Case

On December 9, 2025, the California Court of Appeal, Third Appellate District, issued a published decision in Sierra Pacific Industries Wage and Hour Cases, affirming the trial court’s denial of Sierra Pacific Industries’...more

White and Williams LLP

Subrogation Insight: Expert Testimony Admissible Despite Post-Loss Repairs

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In Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh...more

Epstein Becker & Green

Eleventh Circuit to Weigh the Constitutionality of the False Claims Act’s Qui Tam Provisions

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On December 12, 2025, the U.S. Court of Appeals for the Eleventh Circuit is scheduled to hear oral arguments in Zafirov v. Florida Medical Associates LLC, No. 24-13581, a case that squarely presents the question of the...more

Cranfill Sumner LLP

When Does Your Case Belong in the NC Business Court? A Guide to Designations

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Recently, we covered some changes to the cases that the Business Court takes on. Given those changes, it seems like a good time to review the Business Court more broadly and the process for getting your case before it....more

Troutman Pepper Locke

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024

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According to a recent report by WebRecon, court filings under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) rose by double digits while litigation under Telephone Consumer Protection Act...more

Alston & Bird

FAPA is Here to Stay: Understanding the NY Court of Appeals’ Retroactivity Ruling and Its Impact on Foreclosures

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On November 25, 2025, the New York Court of Appeals—the highest court in the state of New York—issued a decision in Article 13, LLC v. LaSalle National Bank Association, holding that New York’s Foreclosure Abuse Prevention...more

Haynes Boone

Arbitration in the Fifth – November 2025

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November 2025 was another slow month for arbitration related opinions in the Fifth Circuit. The highlight of the month is the Eastern District of Texas’ review of the Federal Arbitration Act’s residual transportation worker...more

Mayer Brown

Award Review Tribunals: Novel Concept One Step Closer to Becoming a Reality

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Enacted in May 2023, the updated Nigerian Arbitration and Mediation Act ("Act") included what is widely viewed as a novel concept in international arbitration: the use of Award Review Tribunals ("ARTs"). This feature, as...more

Hogan Lovells

Closing the Door on the Mackay v Dick Principle but Opening the Door to a Duty of Cooperation in English Law? - King Crude...

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In the recent case of King Crude Carriers SA & Ors v Ridgebury November LLC & Ors the UK Supreme Court focuses on an esoteric point of law as to the true meaning of a case called Mackay v Dick, decided in 1818, in Scotland....more

DLA Piper

Limitation of use of PRC Enforceable Notarisation in Hong Kong

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Under Article 235 of the PRC Civil Procedure Law (2023 revision), an obligation under a qualifying instrument (such as a guarantee contract) may be made enforceable via notarisation instead of proceeding through litigation...more

Law Office of Jason Ostendorf

Beyond Preservation: Why Appeal-Worthy Issues Must Be Framed Early

Trial lawyers often talk about preservation as if it were the entire universe of appellate risk. Preservation is essential, of course, but it is only the floor. In practice, many technically preserved issues still fail on...more

Bradley Arant Boult Cummings LLP

Late Notice Doesn’t Always Mean No Coverage—But Only If You Can Prove It

The Eleventh Circuit’s recent decision in L. Squared Industries, Inc. v. Nautilus Insurance Co. offers important guidance for policyholders navigating notice provisions under claims-made insurance policies—particularly when a...more

Gray Reed

When Fear Fades: Rethinking Tax Enforcement

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G. Gordon Liddy, convicted of several criminal charges for his role in the Watergate scandal, made the statement that “obviously crime pays, or there’d be no crime.” John Maynard Keynes, economist and philosopher, further...more

Beveridge & Diamond PC

First-Ever Procedural Rule Issued for MDLs

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On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking process...more

Groom Law Group, Chartered

The DOL and DOJ Take Steps To Support ERISA Fiduciary Defendants at the Supreme Court

On December 9, 2025, the Solicitor General (“SG”), on behalf of the United States Department of Labor (“DOL”) and the United States Department of Justice (“DOJ”), filed briefs with the Supreme Court in two high-profile ERISA...more

Morris James LLP

Chancery Invokes Delaware Policy Against Buying Derivative Standing and Unclean Hands Doctrine Before Addressing Merits of Alleged...

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Solak v. Daniels, C.A. No. 2024-0857-MTZ (Del. Ch. July 11, 2025) - The Court of Chancery converted the parties’ cross motions for judgment on the pleadings into motions for summary judgment to consider whether the...more

Blake, Cassels & Graydon LLP

Spoliation of Evidence: Supreme Court of Canada Set to Provide Guidance

In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more

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