Commercial Contracts

  • June 24, 2016

    Mayer Brown Escapes Class Action Over $1.5B GM Loan

    An Illinois federal judge has tossed a consolidated proposed class action in which 400 lenders accused Mayer Brown LLP of legal malpractice and negligent misrepresentation over a filing error in a $1.5 billion bankruptcy loan to its client General Motors LLC.

  • June 24, 2016

    Nationwide Gets Texas High Court OK To Push Case To Ohio

    Nationwide Insurance Co. of America can force a dispute with one of its former agents to be heard in Ohio under a forum selection clause despite having participated for years in Texas litigation with the agent, the Texas Supreme Court held Friday.

  • June 24, 2016

    SEIU Bid For Vote On Hospital Execs' Pay Derailed By Judge

    A California state judge on Thursday confirmed an arbitration award blocking SEIU United Healthcare Workers West from sponsoring or otherwise promoting any ballot initiative seeking to limit hospital executive salary to $450,000 annually, saying the union couldn’t prove an arbitrator erred in the decision.

  • June 24, 2016

    Texas IP Firm Accused Of Stealing Client's Invention

    A Texas inventor filed suit against intellectual property litigation boutique Matthews Lawson McCutcheon & Joseph PLLC, alleging that he and his co-inventor hired the firm to protect their tanker truck patent, only to see his attorneys and the co-inventor steal the technology and start their own company.

  • June 24, 2016

    Casino Builders Say Dickinson Wright Gave Bad Advice

    Four developers of an Oklahoma tribal casino that has been deemed illegal by the National Indian Gaming Commission again asked the Seventh Circuit on Friday to resuscitate their malpractice suit against Dickinson Wright PLLC, saying they’ve been harmed even though construction has been given the green light.

  • June 24, 2016

    Black Homeowners Want Morgan Stanley Class Action Revived

    A proposed class of black Detroit homeowners asked the Second Circuit Friday to resurrect their lawsuit, claiming the group's commonality and arguing that Morgan Stanley pushed a defunct subprime lender to provide risky loans to black borrowers and had profited off the debt’s securitization.

  • June 24, 2016

    Pepsi Asbestos Jurisdiction Row Lands In Texas High Court

    The Supreme Court of Texas said Friday it will hear a jurisdictional dispute in a lawsuit brought by a PepsiCo Inc. subsidiary over an allegedly secret $308 million asbestos settlement, after an appeals court found the facts of the case were sufficiently connected to Texas despite the companies' nonresident status.

  • June 24, 2016

    Cal Dive Seeks $10M In Payments Under Ch. 11 Sale Deal

    Offshore oil and gas service provider Cal Dive International Inc. filed a complaint in Delaware bankruptcy court Friday seeking payment of up to $10 million in contract proceeds from a former joint venture partner that bought Cal Dive subsidiaries through a Chapter 11 sale.

  • June 24, 2016

    ETE Cleared To Ditch $38B Williams Deal In Win For Latham

    Energy Transfer Equity LP won clearance Friday to abandon its planned merger with The Williams Cos. Inc. after a Delaware vice chancellor ruled that tax counsel Latham & Watkins LLP could not in good faith issue a crucial opinion on what once was a $38 billion deal.

  • June 24, 2016

    Starbucks Wins Early Round Of $5.3M Moldy Coffee Suit

    Starbucks Corp. never gave up its rights to sue a pallet company just because it paid invoices that contained a short disclaimer, a California federal judge said Thursday, in a sweeping victory for the coffee behemoth as it pursues a $5.3 million moldy-coffee suit against the supplier.

  • June 24, 2016

    Predators Owner Slaps Team With $250M Contract Suit

    A part owner of the Nashville Predators sued the team and its chairman in Tennessee state court on Thursday, saying that his hard work in keeping the NHL franchise in the city has been repaid with neglected fees and other breaches that cost him $250 million.

  • June 24, 2016

    2 Charged With Fraud Over Conn. Soccer Stadium Deal

    A pair of consultants pursuing the construction of a professional soccer stadium in Hartford, Connecticut, were charged on Thursday with 26 counts of fraud for allegedly overbilling the city hundreds of thousands of dollars through inflated invoices.

  • June 24, 2016

    Nike Drops Rival-Shoe-Deal Suit Against Olympic Hopeful

    Nike Inc. on Thursday dropped its Oregon federal court lawsuit to stop U.S. champion middle-distance runner Boris Berian from wearing rival New Balance products, ending the sponsorship dispute a little more than a week before the July 1 start of U.S. Olympic team track and field trials.

  • June 24, 2016

    GE Unit Diluted Cell Growth Serum, Stole Buyers, Suit Says

    A North Carolina company accused General Electric’s health care and biosciences unit of stealing its customers and ruining its profits while also lying about the makeup of its own fetal bovine serum, a product used in laboratories to promote cell growth, in a complaint filed Thursday in federal court.

  • June 24, 2016

    Roots' Ex-Bassist Didn't Take Too Long To Sue, Judge Rules

    A Philadelphia judge has rejected an argument by hip-hop ensemble and "Tonight Show" house band The Roots that its former bass player waited too long to sue the music group for allegedly cutting him out of its profits after a cancer diagnosis forced him to stop performing.

  • June 24, 2016

    Mine Investors Seeking $6M Award Owe For Flubbed Depo

    A group of Canadian investors who won a $6 million award from a failed coal mining venture went mostly unpunished for showing up at a deposition of a key witness with an audio recorder instead of a stenographer, with a Kentucky federal judge saying both sides bore some blame for the flub.

  • June 23, 2016

    Vikings Beat Wells Fargo In Battle Over Signs Near Stadium

    A Minnesota federal judge on Thursday ordered Wells Fargo Bank NA to remove illuminated roof signs placed on two 17-story office towers behind the Minnesota Vikings' new U.S. Bank Stadium that the football facility's backers said would adversely affect the stadium's "image."

  • June 23, 2016

    Boxer's $34M Suit Jabs Title-Holder Over Doping Remarks

    Heavyweight boxing champion Deontay Wilder waged a “public smear campaign” against rival Alexander Povetkin over the Russian's use of a banned substance and unlawfully skipped their scheduled May 21 bout, the challenger alleged Thursday in a $34.5 million lawsuit in New York federal court.

  • June 23, 2016

    Fla. Judge Loses Patience With Attys In Contract Spat

    A Florida magistrate judge declined to issue sanctions Wednesday in a contract dispute over allegedly defective roofing adhesive, but reprimanded attorneys on both sides for their conduct in the protracted discovery process and urged them to stop the “vitriolic finger pointing” and move on to the merits of the case.

  • June 23, 2016

    Williams Says ETE Stand Weaponizes Merger Closing Terms

    The Williams Cos. Inc. contended Thursday that Energy Transfer Equity LP’s bid to avoid a once-$38 billion merger deal could inspire future weaponization of contract closing conditions, and said that Delaware Chancery Court has ample reason to enforce the tie-up despite a tax dispute.

Expert Analysis

  • Jimmy John’s: Poster Child For National Noncompete Debate

    Jason B. Hirsh

    The Illinois attorney general's litigation with sandwich restaurant chain Jimmy John’s speaks to the concerns about noncompete agreements recently expressed by the U.S. Department of Treasury and the White House. Such agreements likely can have serious and unintended consequences and state and national authorities are now paying closer attention, say Jason Hirsh and Christina Lutz at Levenfeld Pearlstein LLC.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • A New Precedent For Physician Restrictive Covenants In NY

    Thomas A. Telesca

    A recent decision from the New York Supreme Court concerning the enforceability of a physician's restrictive covenant reflects continued changes taking place in the health care field and indicates that attorneys representing individual physicians and medical practices in New York will have to take more care in drafting such contracts, says Thomas Telesca at Ruskin Moscou Faltischek PC.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • REBUTTAL: NJ Justices Restored Sanity To Bias Deadlines

    Jon W. Green

    After reading the headline of Law360’s recent story “NJ Justices Force Employers to Play Long Game in Bias Rows,” one would have thought that employers would suffer grievously because of this way-out-of-the-mainstream ruling. However, this assertion is utter nonsense for several reasons, says Jon Green at Green Savits LLC.

  • 'Taking My Talents To South Beach': Law Firm Version

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    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Your 401(k) Plan: A Ticking Time Bomb Of Liability?

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    No one understands the concept and obligations of “fiduciary duty” better than legal professionals — and yet, many law firm partners and principals may be overlooking a significant source of liability in their practices, says Tom Zgainer, CEO and founder of America’s Best 401k.

  • Fighting Elder Abuse And Defending The Decision To Freeze

    Ashley Senary Dahlberg

    As suspicions of elder abuse become more frequent, so too are suits where financial institutions are forced to defend themselves against allegations that they wrongfully froze an account. The terms of banking or brokerage agreements are central in such defense, say attorneys with Norton Rose Fulbright US LLP.

  • Does 3rd-Party Funding Complement The Arbitral Process?

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    Long before the disclosure of billionaire Peter Thiel’s funding of litigation against Gawker Media, the international arbitration community had begun to acknowledge some serious concerns with third-party funding in an arbitration context, says Donald Hayden of Berger Singerman LLP.

  • NJ High Court: Lenders Could Lose Their Mortgage Priority

    Rodman E. Honecker

    The New Jersey Supreme Court's forthcoming decision in Rosenthal & Rosenthal v. Benun could leave lenders more exposed to losing priority of their mortgage liens than they realize, say Rodman Honecker and Douglas Stevinson at Windels Marx Lane & Mittendorf LLP.