Commercial Contracts

  • May 5, 2016

    AT&T Mobility Sues Calif. Regulator To Block Data Request

    AT&T Mobility, along with local phone and wireless carriers, called on a California federal court Thursday to block a state regulator from compelling the turnover of subscriber data for a review on competition in the telecommunications market, arguing it violates their commercial privacy interests.

  • May 5, 2016

    Texas Chemical Co. Says Atty Caused Its $2M Devaluation

    A chemical company filed suit against its former attorney and his firm in state district court in Houston on Wednesday, alleging malpractice, negligence and more in the attorney's drafting of “overly complicated” and “unfair” agreements that it said resulted in a $2 million devaluation of the company.

  • May 5, 2016

    Quest, Contractor Reach Settlement In $90M Debt Dispute

    Quest Diagnostics Inc. and a now-defunct debt collector have settled a suit in which Quest said the former contractor closed down so quickly that it left in limbo $90 million of Quest's assets, though Quest’s Thursday letter didn’t disclose the terms of the agreement.

  • May 5, 2016

    TransPerfect Co-Founder Offers Ex-Partner $300M Buyout

    Philip Shawe, one of the co-founders locked in a heated struggle for control of legal translation firm TransPerfect, has made a $300 million offer to buy out his ex-partner Elizabeth Elting’s 50 percent stake in the company already set to be sold by a court-appointed custodian, his attorney’s office confirmed Thursday.

  • May 5, 2016

    5th Circ. Kills Writer's Copyright, Contract Row

    A Kansas-based author lost a bid to revive his copyright lawsuit alleging a publishing company based in the United Kingdom backed out of a contract to pay him royalties for his book when the Fifth Circuit ruled Thursday it didn’t have jurisdiction over the dispute.

  • May 5, 2016

    3rd Circ. Asked For Redo In $1.45M Shipping Lien Suit

    A bankrupt furniture wholesaler pressed the Third Circuit on Wednesday to rethink preserving a shipper's roughly $1.45 million lien against it for not paying for shipments and holding that maritime liens remain in effect unless explicitly waived, even when the cargo was partially delivered, arguing the court misread contracts between the parties.

  • May 5, 2016

    Split NLRB Panel Says CVS Class Action Waivers Violate Law

    The National Labor Relations Board on Wednesday ordered CVS Pharmacy Inc. to alter its workplace dispute resolution program requiring employees to give up the right to bring collective and class actions, agreeing with an earlier ruling that called it an unfair labor practice.

  • May 5, 2016

    Battle Over CFPB’s Data Looms In Arbitration War

    The Consumer Financial Protection Bureau faces a pitched battle over its proposed rule that would bar banks and other firms from including class action bans in arbitration clauses, and the outcome will pivot on the data and assumptions the bureau used to develop the regulation.

  • May 5, 2016

    Vendors Plead Guilty To MillerCoors Marketing Fraud Scheme

    Two people who helped a former MillerCoors LLC executive submit fraudulent invoices for beer marketing events pled guilty to their roles in the $8 million scheme in Illinois federal court Thursday.

  • May 5, 2016

    Express Scripts Hid Risk of Losing Major Client, Investors Say

    Express Scripts Inc. falsely assured investors it had a strong relationship with its “most important client,” Anthem Inc., causing shares to fall when Anthem accused Express of contentious drug pricing negotiations, a proposed class alleged Wednesday in a New York federal court.

  • May 5, 2016

    Bogus Telecoms Are In FCC's Reach Too, DC Circ. Told

    The Federal Communications Commission rightly ordered three bogus competitive local exchange carriers to repay AT&T Inc. $252,000 for never-provided call access service, and they cannot now use their sham status to escape the agency's authority, the FCC has told the D.C. Circuit.

  • May 5, 2016

    $1.4B Arbitration Windfall A Beacon For Private Funders

    The heated debate over private funders entering into investor-state disputes by backing arbitration cases for a cut of an award will intensify following a recent $1.38 billion arbitration decision for a Canadian miner, one of the largest in recent years, experts say.

  • May 5, 2016

    HSH Nordbank Settles Developers' $200M Loan Suit Midtrial

    HSH Nordbank AG reached a midtrial settlement Thursday in a suit accusing the bank of dangling a nearly $200 million loan in front of a proposed Pennsylvania retirement community's now-bankrupt developers despite knowing the bank was not positioned to commit to new lending.

  • May 4, 2016

    Ex-Sly Stone Rep Fights For New BMI Royalties Trial

    Funk legend Sly Stone's former manager urged a California appeals court Wednesday to grant a new trial on whether Broadcast Music Inc. breached a royalty agreement by paying $1 million to a different manager, arguing the trial court should have told the jury the agreement was uncontested.

  • May 4, 2016

    Sprint Owes $12.5M To CenturyLink In Access Charge Row

    A Louisiana federal judge on Wednesday ruled that Sprint Communications Co. LP must pay approximately $12.5 million to local units of telecommunications company CenturyLink Inc. after Sprint refused to pay fees for connecting Voice Over Internet Protocol calls to local networks.

  • May 4, 2016

    Trustwave Must Face Some Insurer Claims Over Data Breach

    A Delaware state judge dismissed a slew of implied-warranty claims Tuesday in an AIG unit’s suit against cybersecurity company Trustwave Corp. over a data breach experienced by credit card processer Euronet Worldwide Inc. but let other claims in the suit proceed.

  • May 4, 2016

    Ex-ServiceMesh CEO Seeks Legal Fees In $100M Earn-Out Row

    The former CEO of cloud computing company ServiceMesh Inc. on Wednesday pushed the Delaware Chancery Court to have buyer Computer Sciences Corp advance him legal fees in a lawsuit in which the purchaser claims he paid bribes to help meet targets that garnered nearly $100 million in earn-out payments.

  • May 4, 2016

    Dismissal Of Argentina Soccer Media Rights Suit Affirmed

    A Florida appeals court on Wednesday affirmed the dismissal of a lawsuit claiming the official Argentine soccer association breached an exclusive agreement to market its global television and media rights, saying Argentina's government is an indispensable party and cannot be sued under sovereign immunity.

  • May 4, 2016

    Mastercard Doesn't Owe Food Co. For Data Breach Fallout

    A New York state judge ruled Tuesday that restaurant and grocery supplier Jetro Holdings LLC can’t collect from MasterCard roughly $7 million the wholesaler reimbursed its “middleman” credit card processor for costs stemming from two data breaches, because Jetro was not a party to those entities’ separate contract.

  • May 4, 2016

    Mostyn Firm Duels With Property Damage Biz Over Bills

    Houston plaintiffs firm Mostyn Law Firm PC on Tuesday fired off a nearly $1 million counterclaim just one day after a property damage valuation company filed suit claiming the firm stiffed it on services related to valuing claims after a major Texas hurricane.

Expert Analysis

  • Online Arbitration Clauses After Sgouros: Down But Not Out

    Edward P. Boyle

    Unless and until Congress alters the arbitration landscape, online retailers would be wise to follow the “reasonable communicativeness” path highlighted by the Seventh Circuit's ruling in Sgouros v. Transunion, because agreements that clearly evidence a user’s assent could mean the difference between a consumer arbitration and a class action, say Edward Boyle and Shahin Rothermel at Venable LLP.

  • How To Fight Back Against 'Room Block Pirates'

    Peter Scoolidge

    A group of scammers has been quietly wreaking havoc on convention hosts for years. Room block pirates trade on a host’s brand recognition by contacting convention attendees to book travel arrangements for the event, often at low-quality hotels and on bad terms. Organizations under attack have some legal options at their disposal, say Peter Scoolidge and Josh Kleiman of Scoolidge Kleiman LLP.

  • 6 Ways Lawyers Can Enhance Cross-Office Communication

    N. Courtney Hollins

    Building relationships with your partners and keeping a finger on the pulse of firmwide legal activity yields strong benefits. However, many attorneys never quite pick up on this important tool while in the trenches of practice. Courtney Hollins and Dan Ujczo at Dickinson Wright PLLC offer tips for cultivating a strong firmwide communication network.

  • How GCs Can Motivate The C-Suite To Modernize Contracts

    Dan Puterbaugh

    When a project — like updating contract processes — includes electronic signatures, in-house legal teams are often the choice to run point. That’s unfortunate because this sort of project can be one of the toughest to complete. But there are a few steps in-house counsel can take to better include the major stakeholders and ease the pain of transition, says Dan Puterbaugh, associate general counsel of Adobe Systems Inc.

  • The Fight For Streaming Royalties Is Going Over The Top

    Nathaniel L. Bach

    A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Abry Still Relevant For Dodging Post-Closing Claims

    Benjamin M. Grossman

    In the 10 years since the seminal decision in Abry Partners v. F&W Acquisition, Delaware courts have continued to apply its principles while providing guidance on how to effectively bar extracontractual fraud claims in private acquisitions. Unfortunately, the lessons of Abry and subsequent cases have yet to be fully internalized by some practitioners, says Benjamin Grossman of Jones Day.

  • Parsing 'True Relief' In Florida's 4th District

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    In light of MYD Marine Distributor Inc. v. International Paint Ltd., a party with a case pending in a trial court in Florida's Fourth District Court of Appeal can no longer shield itself from exposure to attorneys’ fees by including a cause of action for nonmonetary damages when the “true relief” sought in litigation is monetary, says Cristina Cambo of Rumberger Kirk & Caldwell PA.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.