Commercial Contracts

  • October 6, 2015

    CFPB Weighs Axing Class Action Bans In Arbitration Clauses

    The Consumer Financial Protection Bureau on Wednesday said it is working on a proposal that would stop companies from including clauses that block consumers from filing class action lawsuits in their arbitration clauses.

  • October 6, 2015

    Sprint Fights Tribe-Owned Telecom's Win In Tariff Row

    Sprint urged a South Dakota federal judge on Tuesday to reverse its decision partially denying Sprint's request for summary judgment in a dispute with Native American Telecom LLC over tariffs imposed on free conference calling services, arguing the order had a key fact wrong.

  • October 6, 2015

    Coyotes Ex-Owner Slams NHL's Claims Over Reorganization

    Former Phoenix Coyotes team owner Jerry Moyes and his wife said Monday that an Arizona federal judge should back a bankruptcy court’s finding that the NHL can’t keep pursuing roughly $120 million for claims stemming from the Coyotes’ reorganization, in part because bankruptcy preemption bars some claims.

  • October 6, 2015

    Texas Atty Says Deal With Firm Can't Ax Claim Against Client

    A Texas lawyer argued Tuesday that Shore Chan DePumpo LLP cannot use a settlement releasing patent litigation referral-fee claims against the firm and its clients, to block a $3 million claim against a Shore Chan client in an unrelated bankruptcy matter.

  • October 6, 2015

    Eden Rock Fraud Claims Over $150M Capstone Deals Revived

    A New York state appeals panel revived fraud claims on Tuesday against Capstone Capital Management Inc. and certain other affiliate defendants in a suit over $150 million in purportedly unauthorized real estate ventures, while affirming the dismissal of several other claims.

  • October 6, 2015

    High Court Seeks Its Proper Role In DirecTV Arbitration Row

    Several U.S. Supreme Court justices took a dim view Tuesday of a California appeals court’s refusal to send a consumer class action over DirecTV's early termination fees to arbitration, but experts said the justices' questions show a high court grappling with how to balance the federal push for arbitration with states’ rights to interpret contracts.

  • October 6, 2015

    Freeport Ducks Shareholder Suit Over $35M CEO Stock Award

    Mining and energy company Freeport-McMoRan on Monday dodged a shareholder suit challenging $35 million in stock its board of directors granted to CEO Richard Adkerson, with the Delaware Chancery Court calling the shareholder’s argument unpersuasive and inappropriate.

  • October 6, 2015

    11th Circ. Ponders Who Owns Facebook 'Likes' In BET Case

    A first-impression debate over potential property rights in Facebook “likes” sparked lively arguments Tuesday in the Eleventh Circuit, but the court may not reach the issue in a dispute between Black Entertainment Television LLC and a fan who helped it generate millions of the online endorsements.

  • October 6, 2015

    Churchill Downs Denied Quick Win In Casino Contract Row

    Thoroughbred racetrack king Churchill Downs Inc. must better prove its claims before prevailing in a contract dispute with New Jersey casino and hotel executive Nicholas L. Ribis over a casino project that fell apart, a New Jersey federal judge ruled Monday.

  • October 6, 2015

    Pa. Justices Told New Firm Not Bound By Non-Partner's Exit

    An attorney for Malone Middleman PC told the Pennsylvania Supreme Court on Tuesday that a lower court erred when it concluded that a firm that loses a non-partner employee attorney can hold the lawyer’s new firm responsible for a previous contract with the departing attorney.

  • October 6, 2015

    50 Cent Lobs $75M Malpractice Suit At Garvey Schubert

    Rapper 50 Cent accused of malpractice Garvey Schubert Barer and the attorneys who represented him in licensing negotiations and arbitration disputes with a headphones maker in which the now-bankrupt entertainer had invested, saying in a complaint on Tuesday that the firm and its attorneys owe him $75 million.

  • October 6, 2015

    NJ High Court To Mull Riker Danzig Win In Mortgage Row

    The New Jersey Supreme Court said Monday that it will consider whether Riker Danzig Scherer Hyland & Perretti LLP should have priority over the mortgages of another creditor of certain camera sales businesses and their owners, who allegedly owed the law firm more than $3 million in fees.

  • October 6, 2015

    UPMC Says It Can End Highmark Medicare Coverage

    The University of Pittsburgh Medical Center is not obligated to provide in-network coverage to Highmark Inc.’s Medicare Advantage plan members, the hospital's counsel told the Pennsylvania Supreme Court on Tuesday, arguing that a lower court misinterpreted a deal the state brokered.

  • October 6, 2015

    Goodyear, Sears Settle $19.5M Co-Branded Tire Deal Dispute

    An Ohio federal judge on Tuesday dismissed Goodyear’s $19.5 million suit accusing Sears of backing out of an agreement to sell co-branded tires, saying he had received a notice that the parties had settled the dispute.

  • October 6, 2015

    Justices Asked To Revive Ex-Cruise Worker’s Arbitration Row

    A former seaman for Celebration Cruise Operator Inc. told the U.S. Supreme Court that an Eleventh Circuit decision compelling foreign arbitration of a worker injury dispute defies precedent regarding prohibitive costs and a Federal Arbitration Act provision excluding seamen’s contracts.

  • October 6, 2015

    Snell & Wilmer Wants 'Indecipherable' Racketeering Suit Axed

    A racketeering suit accusing Snell & Wilmer LLP and others of conspiring to bankrupt an electronic payment terminal venture is "indecipherable" and doesn’t allege anything more than a business dispute, the firm told a Florida federal court Monday, asking that the suit be dismissed.

  • October 5, 2015

    Allergan Beats Miotox’s $600M Botox Royalty Claims

    A California federal judge on Monday granted Allergan Inc.’s motion for summary judgment in a $600 million breach-of-contract lawsuit over Botox, holding that the pharmaceutical giant does not have to pay Miotox certain royalties under the terms of a license agreement.

  • October 5, 2015

    Prudential Hit With Contract Suit Over New $444M NJ Tower

    Skanska USA Building Inc. has sued Prudential Financial Inc. for allegedly breaching construction management and price contracts surrounding the insurance giant's new $444-million, 20-story office tower in Newark, N.J., contending that it hasn't been properly paid.

  • October 5, 2015

    EBay Textbook Reseller Presses High Court For Atty Fees

    A Thai college student, accused of importing and illegally selling foreign edition textbooks online via the auction site eBay, has filed a petition for writ of certiorari with the U.S. Supreme Court, arguing the courts are in “utter disarray” about fee requests under the Copyright Act.

  • October 5, 2015

    Southwest Credit Expired Too Soon, Travelers Say

    A pair of Southwest Airlines Co. travelers have filed a putative class action in California federal court over what they claim is a “hidden exception” in the airline’s cancellation policy, saying credit from a canceled flight was deemed expired months before the airline’s advertised one-year expiration date.

Expert Analysis

  • Perils Of Ignoring Supply Contract Insurance Provisions

    Joseph L. Beavers

    Parties often take great pains to define the scope of defense and indemnity obligations in supply contracts, but obligations regarding insurance procurement often take a backseat, which — as a recent Fourth Circuit decision demonstrated — can create significant costs for both parties down the road, say Joseph Beavers and Alexander Creticos at Miles & Stockbridge PC.

  • Cayman Eviscerates Liquidation Option For Fund Investors

    Jonathan Sablone

    With a recent decision in the case of Rhone Holdings LP, the insertion of boilerplate language can now obviate an important and powerful tool of the Cayman Islands Companies Law and invest even more power in offshore funds, say Jonathan Sablone and Danielle McLaughlin of Nixon Peabody LLP.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Lehman Ruling Offers Much-Needed Guidance On 'Loss'

    Fred Sosnick

    A Southern District of New York decision in a Lehman Chapter 11 suit, holding that Intel Corp.’s loss calculation resulting from a failed transaction was appropriate, is significant both because of the dearth of judicial interpretation of International Swaps and Derivatives Association closeouts, and because it affirms the general understanding that a nondefaulting party has broad discretion in calculating “loss,” say attorneys wit... (continued)

  • A Case Study On How To Decertify Common Defect Classes

    Emily L. Pincow

    The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Congress Brings Warranties Into The Internet Age

    Scott L. Winkelman

    The E-Warranty Act, signed into law last week, is meant to bring law out of the Paper Age and will significantly change how product manufacturers and sellers think of warranties, say Scott Winkelman and Preetha Chakrabarti at Crowell & Moring LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Calif.'s Post-Sanchez Unconscionability Doctrine

    Neil R. Bardack

    Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)

  • Summer, Circuit Courts And Successor Withdrawal Liability

    Jonathan G. Rose

    Two cases decided this summer in the Seventh and Ninth Circuits have breathed new life into the successor liability doctrine in the withdrawal liability context and have expanded it in a manner that suggests this is a growing risk for companies that may purchase the assets of a unionized employer, say Jonathan Rose and Richard Siegel of Alston & Bird LLP.

  • And Now A Word From The Panel: MDL Of The Century


    Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.