Commercial Contracts

  • July 27, 2016

    Sony Sued Over 2014 Hack That Exposed Movie To Piracy

    Sony Pictures Worldwide Acquisitions Inc. breached a distribution agreement by failing to prevent a massive November 2014 data breach that exposed several movies to piracy, the maker of one of those compromised films claimed in a lawsuit filed Wednesday in Florida federal court seeking millions in damages.

  • July 27, 2016

    Receiver Fights Reduced Judgment In Funeral Scam Suit

    The receiver for three defunct companies that conducted a $474 million Ponzi-like scheme involving prepaid funeral services asked the Eighth Circuit on Monday to reverse a trial court decision that reduced a jury verdict in the case by $100 million.

  • July 27, 2016

    'Sham' Telecoms Tell DC Circ. FCC Not The Boss Of Them

    A trio of telecommunications companies that have been called "sham" operations by AT&T Corp. urged the D.C. Circuit on Tuesday to rule that a Federal Communications Commission order that they repay AT&T more than $250,000 in tariffs cannot stop them from pursuing the company for more than $13 million in unpaid fees.

  • July 27, 2016

    Emerald, Dakota Clash Over Del. Ch. 11 Pipeline Charges

    Pipeline company Dakota Midstream LLC accused Emerald Oil Inc. on Wednesday of wrongly using its Delaware bankruptcy to slash previously approved rates for piping away oil, natural gas and wastewater, leaving the transporter short of cash and forcing it to lay off workers while continuing services.

  • July 27, 2016

    Sears Sues Franchisee After Alleged Extortion Attempt

    A home goods division of Sears Holdings Corp. has sued a Michigan franchisee in Illinois federal court, claiming that the franchisee is in breach of contract for abruptly closing a Michigan store and is violating Illinois and federal trade secrets law by failing to relinquish customer information.

  • July 27, 2016

    Cemex Will Face Class Action Over Fuel, Environmental Fees

    A Florida federal judge Tuesday denied a motion to dismiss a putative class action against building materials supplier Cemex, ruling that Deere Construction LLC's allegations that Cemex charged deceptive surcharge fees to clients are substantive enough to proceed with the case.

  • July 27, 2016

    Obermayer Can't Arbitrate Ex-Associate's Bonus-Bilking Suit

    Obermayer Rebmann Maxwell & Hippel LLP can’t force a former associate to arbitrate his claim that firm partners robbed subordinates of bonuses by improperly taking credit for their work despite the firm’s contention the claim’s value was vastly overstated, a Pennsylvania judge ruled Tuesday.

  • July 27, 2016

    Uber Slammed With $5M Breach Of Contract Suit

    Business travel management company TSI USA LLC told a federal judge in Texas on Wednesday that Uber Technologies Inc. owes it about $5 million after it terminated early, and without just cause, a two-year services agreement between the companies.

  • July 27, 2016

    AT&T Can't Shake Fraud Claims Over TV Network Agreement

    AT&T Inc. and AT&T Services Inc. must face allegations from a small TV-programming network that the telecommunications giant broke its agreement to carry its channels after its DirecTV merger, a California federal judge ruled Monday, saying the network adequately pled its case.

  • July 27, 2016

    Soccer Star Pele’s Rights Owners Hit By $2M Contract Suit

    Merchant bank Raine Securities LLC filed suit in New York federal court Tuesday, accusing a company it says owns international soccer star Pele’s intellectual property rights of refusing to pay for Raine's work searching to find a buyer for the marketing business.

  • July 27, 2016

    Lufthansa Says Lawyer's Sanctions Bid Is Just Revenge

    Deutsche Lufthansa AG hit back Tuesday at a Wisconsin plaintiffs attorney’s sanctions bid in a putative class action against the airline over flight delays and cancellations, telling an Illinois federal judge the lawyer is exacting revenge for the airline's request to sanction him.

  • July 27, 2016

    SolarWorld To Appeal $793M Award In Supply Contract Suit

    A unit of the German solar panel company SolarWorld said Wednesday it would appeal a $793 million damages judgment entered Tuesday in Michigan federal court, two weeks after a judge found SolarWorld breached a supply contract with Hemlock Semiconductor Corp.

  • July 27, 2016

    Exxon, Shell Block South Texas Historic Royalty Claim

    ExxonMobil Corp., Shell Oil Co. and several other oil companies don’t have to face claims that dozens of descendants are entitled to royalties from a 9,200-acre property they say their ancestor acquired in the 1800s, a Texas appeals court held Wednesday.

  • July 27, 2016

    Nev. High Court Affirms New Trial For Macau Casino Case

    The Nevada Supreme Court has affirmed a Hong Kong businessman provided sufficient evidence that he had helped Las Vegas Sands Corp. obtain a Macau gambling license but not enough to support a $70 million award.

  • July 27, 2016

    Tribunal Overreached In $1.4B Mining Award, Venezuela Says

    Venezuela on Tuesday continued its push for a D.C. federal court to vacate a Canadian gold company's $1.39 billion arbitral award over a canceled mining project, reiterating the argument that the tribunal acted outside its authority.

  • July 27, 2016

    STB Proposes New 'Switching' Regs To Force Rail Competition

    The Surface Transportation Board on Wednesday proposed new regulations that would allow shippers currently served by only one major rail carrier in their region to get access to another railroad under certain conditions, a long-anticipated move intended to bolster rail competition throughout the country.

  • July 27, 2016

    Sly Stone Royalties Suit Gets New Trial After Appeal

    A California appeals court has granted funk legend Sly Stone's former manager a new trial in a lawsuit over whether Broadcast Music Inc. breached a royalty agreement by paying $1 million to a different manager, ruling Tuesday the trial court should have told the jury the company admitted the royalties agreement was legitimate.

  • July 27, 2016

    $19M Cargill Suit Axed Under Wrong Law, 2nd Circ. Told

    A Mexican family’s company that sued Cargill Inc. after trying to co-develop a resort with the conglomerate again urged the Second Circuit to resuscitate the case, saying Tuesday that a lower judge ignored important evidence and applied New York law where Mexican law governed.

  • July 27, 2016

    Australian Banks Aim To Team Up In Apple Pay Talks

    Four of Australia’s biggest banks on Wednesday asked that country’s competition regulator to allow them to work together in negotiations with Apple Inc. over access to Apple Pay, the tech giant’s contactless payments system, according to media reports from Australia.

  • July 26, 2016

    UMG Beats Agency's Claims For Portion Of $3B Record Deal

    A Florida federal judge on Monday tossed out claims from a Miami talent agency against UMG Recordings Inc. alleging it was entitled to 15 percent of a $3 billion record deal for R&B recording artist August Alsina, saying the agency's claims contradicted the terms of the contracts it invoked.

Expert Analysis

  • Pre-Investment Considerations For An IPO Exit

    Christopher R. Machera

    Private equity sponsors are increasingly looking to the public markets to exit portfolio company investments. However, stockholder agreements entered into by sponsors at the time of the original investment don't always properly anticipate the various nuances of owning interests in a public company, says Christopher Machera of Weil Gotshal & Manges LLP.

  • Do I Need A 'Political Risk' Event Of Default?

    Peter Weiland

    In light of the recent coup attempt in Turkey, Peter Weiland of Chadbourne & Parke LLP recaps the arguments for including in loan agreements a "political risk" clause that allows lenders to call an event of default in case of political unrest.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Dollar General Upholds Tribal Jurisdiction Status Quo

    Rory E. Dilweg

    The U.S. Supreme Court's recent nondecision in Dollar General v. Mississippi Band of Choctaw Indians will not change the general fear of and antagonism toward tribal jurisdiction that many nontribal businesses and attorneys have, says Rory Dilweg at Tilden McCoy & Dilweg LLP.

  • Nixing A Class After Jury Verdict — It's Possible

    Neal Marder

    A Second Circuit decision in Mazzei v. The Money Store reiterates that class action defendants have the opportunity to successfully challenge class certification even after trial. The decision may embolden defense counsel and their clients to not be so quick to settle, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 2nd Circ. GM Ruling Shows Value Of Debtor’s Disclosures

    Darren Azman

    Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Modernizing Vendor Risk Management In Financial Services

    Richard M. Borden

    In response to regulatory pressures, financial services companies have worked to reorganize their supply chain and vendor management organizations to better align these activities and manage supplier risks. Mere realignment, however, will not solve the problems. The solution starts with the contracting process, says Richard Borden of Robinson & Cole LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Brexit: An Unexpected Boost For UK Commercial Real Estate

    Michael Speranza

    Brexit has presented increased opportunities for investment in the U.K. commercial real estate market and while there is some uncertainty regarding value, lenders are still making funds available for real estate acquisitions and development, says Michael Speranza at Katten Muchin Rosenman UK LLP.