Commercial Contracts

  • March 3, 2015

    NFL's Ex-Super Bowl Planner Defends 2011 Seating Snafu

    The National Football League’s former events planner told Texas jurors Tuesday the league acted appropriately in the days leading up to the 2011 Super Bowl, despite delays in installing temporary seating at AT&T Stadium, formerly known as Cowboys Stadium.

  • March 3, 2015

    Judge In $2.3B Argentina Bond Spat Mulls Citi Injunction

    A New York federal judge on Tuesday deferred a ruling on whether to block Citibank NA from making payments on some $2.3 billion worth of bonds governed by Argentine law, after an attorney for the bank lambasted the injunction as “fundamentally unfair.”

  • March 3, 2015

    Players Ask Judge To Set Aside NFL Salary Cap Settlement

    The National Football League Players Association told a federal judge on Tuesday that a 2011 agreement barring it from bringing certain antitrust claims against the NFL was signed under false pretenses, and shouldn’t impede its collusion claim over an allegedly secret salary cap.

  • March 3, 2015

    Wells Fargo Stole Trade Secrets In Broker Hire, Suit Says

    Wells Fargo is accused of benefiting from stolen trade secrets after hiring an executive from a competing Ohio insurance brokerage and allowing him to solicit customers and staff from his former employer, according to a lawsuit filed in Ohio federal court Monday.

  • March 3, 2015

    Insurers Want $1M For Rail Cars Trashed In Deadly Crash

    Zurich American Insurance Co. and Lexington Insurance Co. are accusing Western Petroleum Co. of refusing to pay about $1.1 million for several leased rail cars destroyed in a 2013 derailment in Canada, according to a removal request filed in Texas federal court Monday.

  • March 3, 2015

    Burr & Forman Rips $5M Sanction Bid In Contract Tiff

    E-retailer Purchasing Power LLC and its counsel, Burr & Forman LLP, on Monday urged a Georgia federal judge to nix competitor Bluestem Brands Inc.’s bid for a $5 million sanction in a contract row over a botched merger after the court found it lacked jurisdiction, saying Bluestem removed the suit.

  • March 3, 2015

    Cubs Can't Hide Behind Antitrust Exemption: Rooftop Owners

    A pair of businesses overlooking Wrigley Field urged an Illinois federal judge on Monday to reject the Chicago Cubs’ bid to toss their suit over renovations that will allegedly block their views of the historic ballpark, saying baseball’s long-standing exemption from federal antitrust law doesn’t apply in the case.

  • March 2, 2015

    Facebook's Saverin Sues FB Management Over $3M Debt

    Eduardo Saverin, one of the co-founders of Facebook Inc., sued a company tied to a securities fraud scandal, saying it owes him more than $3 million for a promissory note it bought from him to invest in a fund that was trafficking in shares of Facebook, according to a suit filed in New York on Monday.

  • March 2, 2015

    Unapproved Deal Dooms OneWest's Suit, Insurer Tells Judge

    Houston Casualty Co. on Monday urged a California federal judge to toss OneWest Bank FSB's suit alleging the insurer wrongfully refused to cover the bank's costs in a mortgage-backed securities suit, saying OneWest failed to obtain its required written approval prior to reaching a settlement.

  • March 2, 2015

    Judge Says Wells Fargo False Ad Class Claims 'Torpedoed'

    A California federal judge on Monday asked for additional briefing before ruling whether Wells Fargo Bank NA can force a Visa-branded gift card purchaser to arbitrate her claims of deceptive marketing, but noted that the plaintiffs’ argument against arbitration raised individual questions that render class claims “torpedoed.”

  • March 2, 2015

    Equipment Co. Nailed For 3rd-Party Tax Transfer Scheme

    The Eighth Circuit on Monday ruled that a machinery leasing company must recognize gains it earned on income from equipment trading transactions with a related company because it essentially received hundreds of interest-free loans inconsistent with federal law.

  • March 2, 2015

    NJ Court Axes Real Estate Investors' Suing Individually

    Investors in two bankrupt real estate companies failed Monday to revive claims against other developers over losses on residential and commercial projects, when a New Jersey appellate panel agreed with a lower court that the dispute involved corporate claims that the investors lacked standing to individually pursue.

  • March 2, 2015

    Trade Groups Urge High Court To Toss NJ Arbitration Ruling

    The U.S. Chamber of Commerce along with the Pacific Legal Foundation have urged the U.S. Supreme Court to hear U.S. Legal Services Group LP’s challenge to a New Jersey court’s decision that arbitration agreements must contain clear warnings that the parties can’t go to trial.

  • March 2, 2015

    Amazon's Clickwrap Forum Clause Sends IP Suit To Seattle

    A Missouri federal judge ruled Monday that a forum selection clause contained in an Amazon.com Inc. clickwrap agreement requires St. Louis-based Appistry Inc. to litigate its patent infringement claims in the Internet retailer's home state of Washington.

  • March 2, 2015

    Jimmy John's Blasts 'Unending Revisions' In Class Action

    Assistant store managers suing sandwich chain Jimmy John’s LLC along with several franchisees over alleged wage violations and restrictive noncompete agreements have attempted to use a reply brief to “surreptitiously amend” their claims, which should be dismissed, the company told an Illinois federal court Friday.

  • March 2, 2015

    FirstEnergy Unit Wants Pa. Coal Contract Claim Nixed

    A FirstEnergy Corp. unit told a Pennsylvania state judge on Thursday that a coal supplier accusing the company of improperly backing out of a 10-year contract after the closure of several power plants had failed to exhaust all of its remedies before launching its lawsuit in January.

  • March 2, 2015

    Carnival Seaman Takes Injury Arbitration Row To High Court

    A former Carnival Corp. worker injured while working on a cruise ship wants the U.S. Supreme Court to consider whether the company can use an arbitration clause in an employment contract to exempt itself from liability under the Jones Act.

  • March 2, 2015

    High Court Told SuperValu Antitrust Case May Chill Deals

    The Food Marketing Institute has urged the U.S. Supreme Court to take up an appeal to nix an antitrust suit challenging a noncompete pact in a transaction between SuperValu Inc. and C&S Wholesale Grocers Inc., saying the case threatens to chill deal making in the grocery industry.

  • March 2, 2015

    St. Louis Chain Says Broke Franchisee Can't Use Trademarks

    A franchisee has refused to stop using trademarks owned by private equity-backed St. Louis-based restaurant chain Lion’s Choice after going more than $4 million into debt, according to a complaint filed by LC Franchisor LLC in Missouri federal court on Sunday.

  • February 27, 2015

    Judge Won't Boost Firm's Cut Of Volkswagen Oil MDL Fees

    A Massachusetts federal judge on Friday refused to increase Chimicles & Tikellis LLP’s cut of a $15.5 million fee award in the Volkswagen AG and Audi AG oil sludge buildup multidistrict litigation, days after other class counsel firms asked the judge to recant his criticism they should be "ashamed" of their “internal rancor.”

Expert Analysis

  • Fla. Teaming Agreements Must Balance Exclusivity

    John Terwilleger

    In Florida, parties must be careful to structure a teaming agreement so that it is an enforceable contract, while at the same time it does not violate Florida’s antitrust statutes, says John Terwilleger of Gunster Yoakley & Stewart PA.

  • Has Eden Roc Really Impacted Hotel Management Agreements?

    David M. Samuels

    While certain owners have relied on the seminal 2013 decision in Marriott International Inc. v. Eden Roc LLLP as the basis for terminating their hotel management agreements, most owners have instead attempted to work cooperatively with their operators to find a suitable compromise, says David Samuels of Michelman & Robinson LLP.

  • Most-Favored-Nation Effects In Private Equity: Uncertain

    Thomas Volet

    The very ease with which determinations about the application of the most-favored-nation provision can be made in the case of governmentally mandated side letter provisions may well be responsible for dangerous optimism about the functioning of MFNs in other contexts, says Thomas Volet of Moses & Singer LLP.

  • Not Exactly A Solution To Creditors' Nightmares

    Robert K. Edmunds

    In commercial and real estate disputes, California courts have consistently refused to permit a creditor to recover the full amount of a debt following the debtor's breach of the settlement agreement. A decision in Jade Fashion & Co. Inc. v. Harkham Industries Inc. might suggest that forbearance agreements could be the solution, but creditors would be wise to view the ruling as muddying the waters rather than providing clarity, say... (continued)

  • Tips For Developing Effective Licensee Monitoring

    Sidney Blum

    Both novice and seasoned licensors make the same critical mistake — not adequately instructing the licensee on how to calculate the royalty and preserve supporting records, says Sidney Blum of Stout Risius Ross Inc.

  • Defining Atty Fee Enforceability In Illegal Contracts

    Sylvia S. Arostegui

    California courts have previously enforced attorneys' fees provisions in a real estate purchase contract even though the underlying contract was illegal. However, in Mountain Air Enterprises v. Sundowner Towers, a state appeals court distinguished prior decisions and clarified when a party can recover attorneys' fees under a real estate purchase contract that is ruled to be illegal, say Sylvia Arostegui and Brendan Macaulay of Nossaman LLP.

  • Bridging The Discovery Gap In International Arbitration

    Joseph Cheriathundam

    Forensic analytics reduces time and costs to process information and provides tangible findings for counsel to support various theories. These techniques offer significant opportunities to narrow the gaps in international arbitration matters in which evidence is often unavailable or not easy to obtain, say members of StoneTurn Group LLP.

  • The Buck Stops With JPMorgan And Counsel

    Barkley Clark

    As a result of a $1.5 billion filing error, JPMorgan and its syndicate of lenders now face losing their collateral to the unsecured creditors in the General Motors bankruptcy proceedings. Needless to say, the two prominent firms that served as outside counsel to JPMorgan and General Motors are also feeling the pain as they grapple with malpractice exposure, say Barkley Clark of Stinson Leonard Street LLP and Barbara Clark of the Co... (continued)

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Early Termination Of Hotel Management Contracts Is Costly

    Lindsay C. Harrison

    Lawyers for hotel management companies and for hotel owners, as well as judges hearing these issues, will likely continue to disagree about whether the increasingly common strategy to prematurely end management contracts is legally justified in particular cases. What may get lost in the chatter are the high costs of that course of action, say Julie Carpenter and Lindsay Harrison of Jenner & Block LLP.