Commercial Contracts

  • July 30, 2014

    NJ Accounting Firm Can't Duck Liberty's Declaratory Suit

    A New Jersey accounting firm has to face Liberty Insurance Underwriters Inc.’s declaratory suit to end its defense of the firm in professional liability litigation since a New Jersey federal judge ruled Wednesday that diversity of citizenship exists even though both companies have executives in New York.

  • July 30, 2014

    Iskanian Employer To Appeal Arbitration Case To High Court

    CLS Transportation Los Angeles LLC plans to petition the U.S. Supreme Court in hopes of overturning the prohibition on Private Attorney General Act waivers in Iskanian, a landmark California Supreme Court ruling that generally strengthened enforceability of mandatory class waivers in employment arbitration agreements, the company’s attorney told a state judge Wednesday.

  • July 30, 2014

    5 Tips For Food Cos. Looking To Outsource Production

    Food companies that outsource production need to ensure their deals with manufacturing partners contain all the right ingredients and account for concerns such as quality control, labor issues and intellectual property protection. Here, experts provide tips companies should heed to keep these agreements from becoming recipes for disaster.

  • July 30, 2014

    Al Jazeera Tries To Ax Sealed Docs In Settled AT&T Row

    Al Jazeera America LLC urged a Delaware Chancery Court judge to eliminate sealed documents filed in its suit against AT&T Services Inc., saying Wednesday that the order requiring the lion’s share of the contract dispute to be made public should no longer apply now that the case has been settled.

  • July 30, 2014

    Weyerhaeuser Gets Post-$3.3B Merger Retirees Suit Trimmed

    A Delaware federal judge ruled Wednesday that Domtar Corp. is not liable for workers' compensation claims filed before 2011 by retirees of Weyerhaeuser Co., a company that sold its fine paper business to Domtar for $3.3 billion in 2007, ruling that such claims are barred by statute of limitations.

  • July 30, 2014

    McDonald's Sued For Blocking Strip Mall’s Starbucks Lease

    McDonald's Corp. has been hit with a lawsuit for allegedly refusing a West Springfield, Massachusetts, shopping center its right to lease part of the property to Starbucks Corp. because of a noncompete clause in the McDonald’s lease, according to documents filed in Massachusetts federal court on Tuesday.

  • July 30, 2014

    Argentina Headed To Default After Debt Talks Collapse

    Eleventh hour negotiations between the Republic of Argentina and hedge funds demanding full repayment on approximately $1.5 billion worth of government bonds collapsed late Wednesday without a deal, and a court appointed mediator said the country will “imminently" default on its sovereign debt. 

  • July 30, 2014

    AmEx Hit With $14M Copyright Suit Over Software Code

    Enterprise software developer Micro Focus (US) Inc. hit American Express Co. with a $14 million lawsuit on Tuesday that claims the financial services giant vastly exceeded a license it had to use Micro Focus' copyrighted software.

  • July 30, 2014

    Comcast Spectacor Ducks Finder's Fee Suit Over 76ers Sale

    A Pennsylvania federal judge has thrown out a lawsuit in which two sports industry veterans sought a $2 million finder's fee from Comcast Spectacor LP, the former owner of the Philadelphia 76ers, stemming from the 2011 sale of the franchise.

  • July 30, 2014

    Suit Over Anglo Irish Bank Overcharges Won't Be Heard in NY

    A New York federal judge on Tuesday tossed a racketeering suit launched by Irish property developer John Flynn and his family alleging Ireland’s National Asset Management Agency covered up loan overcharges made by the bankrupt Anglo Irish Bank, saying the suit belongs in Ireland.

  • July 30, 2014

    SHI Must Pay $243M To Deutsche Bank Or Forfeit Appeal

    An appeals court ruled Wednesday that billionaire Alexander Vik's trading fund Sebastian Holdings Inc. must pay Deutsche Bank AG $243 million within weeks or forfeit the chance to appeal a loss in their $8 billion war over Great Recession trading losses.

  • July 30, 2014

    Enterprise Seeks New Trial After $500M Pipeline Judgment

    Enterprise Products Partners LP will seek a new trial against Energy Transfer Partners LP, its former ally in a crude oil pipeline project that won a $536 million judgment Tuesday after a jury found the two energy giants had formed a binding partnership to build the line.

  • July 29, 2014

    Bondholders Make 11th-Hour Bid To Stop Argentine Default

    Investment firms holding euro-denominated restructured Argentine debt on Tuesday asked the U.S. federal judge overseeing Argentina’s fight with hedge funds holding about $1.5 billion in government bonds for more time to reach a settlement, as Argentina teeters on the brink of default.

  • July 29, 2014

    Suit Alleging Shareholder Caused ProxyMed Bankruptcy Is Cut

    A Delaware federal judge on Monday tossed one claim and left the other two intact in a suit alleging that the actions of private equity firm General Atlantic LLC and its managing director led to the bankruptcy of ProxyMed Inc., which provided information technology services to doctors, pharmacies and labs.

  • July 29, 2014

    Fla. Appeals Court Told Voided Clauses Nix Arbitration Pact

    The plaintiff in a wrongful death lawsuit against an assisted living facility told a Florida appeals court Tuesday that a trial court erred when it voided several provisions in an arbitration agreement but then severed those provisions and let the agreement stand.

  • July 29, 2014

    CIT Group Sues Over $2M In Costs From Deadly Derailment

    CIT Group Inc. hit Western Petroleum Co. with a lawsuit Monday in Minnesota federal court claiming the oil company failed to indemnify the financing giant from over $2 million in legal fees and costs associated with a deadly freight train derailment, as required by a leasing agreement.

  • July 28, 2014

    Donald Sterling Loses Clippers Fight As Judge OKs $2B Sale

    Shelly Sterling had authority to seize control of the Los Angeles Clippers from her husband, Donald Sterling, and can complete her $2 billion sale of the team to former Microsoft CEO Steve Ballmer, a California probate judge tentatively ruled Monday.

  • July 28, 2014

    Quinn Emanuel $2.5M Fee Award Survives Calif. Appeals Court

    A California appellate panel on Monday upheld $2.5 million in cost and fee awards for Quinn Emanuel Urquhart & Sullivan LLP after the firm successfully defended itself against a malpractice claim stemming from the settlement of a real estate partnership dispute, ruling that pro se attorneys can recover fees if specifically outlined in an agreement.

  • July 28, 2014

    NJ High Court To Hear Solar Contractor's $50M Lien Effort

    The New Jersey Supreme Court will consider the enforceability of liens issued against municipal financing, agreeing Monday to hear a company blocked from issuing liens on over $50 million in financing for a public solar project because county improvement authorities are statutorily exempt from liens.

  • July 28, 2014

    Argentina Gets OK For Bond Payments On Technicality

    With less than 56 hours left to solve a debt-repayment impasse, Argentina got permission Monday evening to make interest payments on certain bonds because of a newly discovered technicality — but the clock will keep ticking, and the special master for the country's debt crisis announced a new round of talks for Tuesday.

Expert Analysis

  • 4 Termination Considerations Before Signing A Contract

    Susan M. Hartman

    For in-house counsel who are under increasing pressure to "get the deal done" and do more with less, it's important to give due consideration to termination provisions when drafting and negotiating commercial agreements — and there are four questions that shouldn’t be ignored, say Susan Hartman and Emily Lowe of Buchanan Ingersoll & Rooney PC.

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • VNA V. Jupiter Reflects Dramatic Shift By Fla. Courts

    Donald J. Hayden

    In Visiting Nurse Association of Florida Inc. v. Jupiter Medical Center, the Florida Supreme Court entered a unanimous decision that falls in line with a growing trend providing further certainty in using arbitration as a speedy and cost-effective vehicle for resolving commercial disputes, say attorneys with Berger Singerman LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Code Trumps Contract In The 5th Circ.

    Debra McElligott

    The Fifth Circuit opinion in Goldsby v. 804 Congress suggests that even where parties agree upon foreclosure-related fees, costs and charges before a bankruptcy, Section 506(b) of the Bankruptcy Code may still trump the provisions of their contract, says Debra McElligott of Weil Gotshal & Manges LLP.

  • The Ins And Outs Of Competitor Restrictions In Leases

    Stuart Mass

    When representing a large tenant at a shopping mall or an office building, remember to consider whether there are competitor leasing and signage restrictions that are required or desired by your client. When representing a landlord, remember to “just say no,” say attorneys with Haynes and Boone LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.