Commercial Contracts

  • March 27, 2015

    Barrack Rodos Seeks Sanctions Against Ex-Consultant

    Barrack Rodos & Bacine has responded furiously to a former consultant who sued the shareholder-focused law firm for breach of contract and $1.5 million he purportedly earned, asking a Philadelphia judge to strike the consultant's complaint and sanction him and his attorney for making an “extraordinary” attempt to win money from the firm.

  • March 27, 2015

    Fizer Beck Says It's Not To Blame For $2M Arbitration Award

    Fizer Beck Webster Bentley & Scroggins PC said Friday it was not negligent in a series of legal proceedings that cost a medical staffing company more than $2 million, arguing that as many as six other entities had an opportunity to review and correct a partnership agreement the company called "seriously deficient."

  • March 27, 2015

    Wells Fargo Hits Rival's Trade Secrets Suit With Like Claims

    Wells Fargo Insurance Services USA Inc., sued over trade secrets an executive allegedly stole from former employer Hylant Group Inc., launched counterclaims Thursday that a former Wells Fargo employee now working at the rival insurance brokerage disclosed trade secrets and solicited customers and staff from Wells Fargo.

  • March 27, 2015

    Workers, Atty Groups Side With Worker In Carnival Injury Row

    A group of nearly 600 former cruise ship workers and two advocacy groups have filed amicus briefs in support of a U.S. Supreme Court petition by a former Carnival Cruise Corp. employee who was injured on the job, challenging the enforceability of an arbitration clause exempting the company from liability under the Jones Act.

  • March 27, 2015

    11th Circ. Told Cost-Splitting Sinks Seaman Arbitration Clause

    A former seaman for Celebration Cruise Operator Inc. presented the Eleventh Circuit with an issue of first impression Friday, arguing that an order compelling foreign arbitration of a worker injury dispute should be reversed because of a clause requiring him to share costs.

  • March 27, 2015

    High Court Asked To Rein In Calif. On Arbitration Agreements

    California is the “single biggest offender” when it comes to states circumventing U.S. Supreme Court precedent requiring worker arbitration pacts to be enforced as written, a trio of employer groups said Thursday, urging the high court to grant a petition for review from a Bridgestone Corp. unit. 

  • March 27, 2015

    Experian, Carfax Reach Deal To End Competition Row

    An Experian PLC unit reached a settlement Friday with Carfax Inc. to end a suit in Illinois federal court alleging Carfax went behind its back to lure away a lucrative contract with Subaru of America Inc., a claim Carfax later alleged was filed in retaliation for it trying to get misleading Experian advertisements pulled.

  • March 27, 2015

    9th Circ. Won’t Revive Suit Over IMDb Posting Actress's Age

    The Ninth Circuit on Friday refused to revive a case accusing IMDb.com of breaching its subscriber agreement by publishing the age of an actress on her profile page, despite the plaintiff’s argument that she didn’t get a fair trial.

  • March 27, 2015

    CBP Contractor Accused Of Breaching $1.2M Camera Contract

    California security camera manufacturer RVision Inc. on Thursday accused a government contractor of breaching a $1.2 million subcontract for camera mounting units for U.S. Customs and Border Patrol so the prime contractor could make the devices itself.

  • March 27, 2015

    Paramount Beats FCRA Suit Over Job Seeker Credit Checks

    Paramount Pictures Corp. escaped a putative class action when a California federal judge ruled it hadn’t violated the Fair Credit Reporting Act by getting credit reports on current and prospective employees without providing a separate release form, according to an order issued Thursday.

  • March 27, 2015

    Estee Lauder Can’t Escape New Claims In False Ad Suit

    Estee Lauder Cos. Inc. can’t escape a proposed class action alleging the beauty company oversold the anti-aging effects of its Advanced Night Repair formula, with a New York federal judge ruling that an earlier dismissal does not preclude a new complaint.

  • March 27, 2015

    Rader Fishman, Co-Founding Partner Settle Competing Suits

    Claims that Michigan-based Rader Fishman & Grauer PLLC co-founder Ralph Rader bilked nearly $2 million from the intellectual property boutique have been settled as of Friday, as have Rader’s claims that the firm owes him $1.6 million related to his exit after a stroke.

  • March 27, 2015

    Constangy Nabs 6 Employment Attys From Littler, Others

    Constangy Brooks Smith & Prophete LLP said Thursday it has strengthened its offices in Atlanta, New York, and Kansas City, Missouri, with the addition of six new employment attorneys hailing from Littler Mendelson PC, Baker Donelson Bearman Caldwell & Berkowitz PC and others.

  • March 27, 2015

    Travel Sites’ Exhaustion Defense Is Tired, Ill. Towns Say

    Illinois municipalities suing several travel websites for back hotel taxes on Friday told a federal court in the state that the websites’ exhaustion defense doesn’t hold water because the doctrine applies only when the law vests an agency with exclusive jurisdiction over a case.

  • March 27, 2015

    GSK Says Calif. Court Should Oversee Abbott HIV-Drug Suit

    GlaxoSmithKline has urged a California federal judge to rule that the court has jurisdiction over its suit against Abbott Laboratories, saying that although it dropped its federal antitrust claims over the raised price of an HIV drug it licensed, there is plenty to connect Abbott to the state.

  • March 27, 2015

    Sanctions Sought Against Dunkin' Donuts In Contract Suit

    Two former owners of Dunkin' Donuts Inc. franchises asked a Pennsylvania federal judge Thursday to sanction the donut chain for “clear, deliberate, material and unjustifiable discovery violations” in their $10 million suit alleging the corporation unlawfully broke its contract with them.

  • March 27, 2015

    Dov Charney Wants $40M Over American Apparel Firing

    American Apparel Inc. founder Dov Charney is seeking $40 million in damages related to an alleged breach of his employment contract and wrongful termination related to his ouster from the company, his attorney said Friday.

  • March 27, 2015

    Butler Snow Scolded For Ford Conflict But Avoids DQ

    A Tennessee federal judge on Thursday declined to disqualify Butler Snow O'Mara Stevens & Cannada PLLC from representing an auto dealership suing Ford Motor Co., saying even though the firm’s ongoing attorney-client relationship with the automaker is a “clear” conflict of interest, booting it off the contract case would unnecessarily punish the dealership.

  • March 26, 2015

    'Napoleon Dynamite' Appeal Says Fox Owes $10M Of DVD Take

    The producers of the hit indie film “Napoleon Dynamite” urged a California appeals court Thursday to revive their claim that Fox Searchlight Pictures owes them $10 million in DVD royalties, arguing Fox altered the terms of their distribution agreement without notice after the deal was already sealed.

  • March 26, 2015

    Court Settlement Bars Go-Kart Racetrack Above College

    A Georgia federal judge ordered a permanent injunction on Wednesday that bars a go-kart racing directly above Virginia College LLC as part of a settlement involving a case accusing a property owner of breaking a contract by allowing the racecourse to be installed above the Savannah Mall-based vocational school, prompting nuisance complaints.

Expert Analysis

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Implied Easements And Lessons For Landowners

    Sylvia S. Arostegui

    For the first time in more than 50 years, a California appeals court effectively expanded the scope of an express written easement by granting a concurrent implied irrevocable license. Landowners simply can no longer assume that a written agreement will limit the rights of the parties if the factual circumstances would otherwise establish new or additional implied rights, says Sylvia Arostegui of Nossaman LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Avoiding Tax Inefficiencies In M&A Integration

    Elan P. Keller

    The technical provisions of an acquisition agreement turn into harsh reality when the IRS knocks on the doors of a combined taxpayer a couple of years after the transaction closed. The seller is now nowhere to be found, or the IRS combines preclosing audit issues with post-closing issues, which makes the lines of indemnification substantially blurry, says Elan Keller of Kaye Scholer LLP.

  • Beware Attorney Charging Liens On California Real Property

    Jessica Bagdanov

    Charging liens are valid provisions of a fee contract in California, and such “secret” liens take effect and are perfected upon execution of the contract creating the lien. Yet in the context of a bankruptcy case, a Chapter 7 trustee plays a prominent role in the ultimate treatment of the lien with respect to property of the bankruptcy estate, says Jessica Bagdanov of Ezra Brutzkus Gubner LLP.

  • A Brief History Of Subordination And Recharacterization

    Excerpt from Lexis Practice Advisor
    Ira L. Herman

    In this latest excerpt from Lexis Practice Advisor, Ira Herman of Thompson & Knight LLP offers a brief tutorial on the mechanics and history of equitable subordination and recharacterization.

  • The English Examine Multiple Dispute Resolution Clauses

    Elliot E. Polebaum

    Answering a question of first impression in Monde Petroleum SA v. WesternZagros Ltd. — namely whether an arbitration clause survives a subsequent litigation clause — the High Court of Justice in England's decision allows parties to alter their dispute resolution agreement and agree to a different dispute resolution method, say Elliot Polebaum and Helene Gogadze of Fried Frank Harris Shriver & Jacobson LLP.

  • Freeing Trapped Cash In Cross-Border Deals

    Stephen I. Glover

    In cross-border acquisitions, issues about how to deal with target cash often become significantly more complex. Businesses that operate around the world may have cash in several different countries, and regulatory and tax concerns may limit both the seller's and the buyer's ability to transfer cash from one country to another, say Stephen Glover and Jonathan Corsico of Gibson Dunn & Crutcher LLP.

  • An Ongoing Tax Refund Saga For Bank Holding Companies

    Andrew I. Silfen

    The Third Circuit recently waded into the ongoing debate over the ownership of tax refunds generated by a failed bank in FDIC receivership but paid to a failed bank holding company due to the existence of a tax sharing agreement. The decision deepens the circuit court divide regarding this issue, which will likely need to be resolved by the U.S. Supreme Court, say Andrew Silfen and Jeffrey Rothleder of Arent Fox LLP.