Commercial Contracts

  • October 25, 2016

    King & Spalding's $4.6M Deal In Condo Suit Gets Final OK

    A California federal judge on Monday gave final approval to King & Spalding LLP's $4.6 million deal to resolve investors' claims that the firm forced them into a shoddy settlement in an earlier condominium contract suit, ruling the payout is a worthy resolution to five years of malpractice litigation.

  • October 25, 2016

    Quadrant Seeks Del. Court Reversal On Athilon Note Sale

    An investment company attorney told Delaware’s Supreme Court on Tuesday that the state's Chancery Court wrongly tossed claims that Athilon Capital Management unfairly bought back $195 million in notes held by its controlling shareholders as part of a broad plan to favor insiders at the expense of other creditors.

  • October 25, 2016

    American Apparel May Drop Chancery Case Against Charney

    American Apparel Inc. told the Delaware Chancery Court late Monday that the litigation trustee in its Chapter 11 case is open to dropping its lawsuit against founder and ousted CEO Dov Charney over a standstill agreement that it argues was breached when the ex-chief launched a campaign to retake the company.

  • October 25, 2016

    DC Circ. Is Asked To Revive Claims Over TV Host Partnership

    An allegedly jilted collaborator of broadcast host Ed Schultz is asking for another crack at suing the political commentator for cutting him out of his former MSNBC show, telling the D.C. Circuit Tuesday that a trial court improperly tossed emails that are vital to showing their partnership.

  • October 25, 2016

    Ex-Boston Guitarist Didn't Make Ads In TM Dispute, Jury Told

    The former Boston guitarist facing a trademark and breach of contract suit for allegedly holding himself out as an "original" member of the band wasn't consulted about ads, CD stickers or promotional posters where he was described that way, a car dealership owner told a federal jury Tuesday.

  • October 25, 2016

    Suge Knight Wants $300M Cut Of Dr. Dre’s $1B Beats Payday

    Jailed record producer Marion “Suge” Knight claims he is owed $300 million of the $1 billion his onetime partner Dr. Dre earned from selling the Beats By Dre headphone business to Apple Inc., according to a suit recently filed in California state court.

  • October 25, 2016

    Sabre Plotted To 'Bury' US Airways, Antitrust Jury Hears

    Sabre Holdings boss Tom Klein schemed with co-workers at the $7 billion trip-planning giant in 2005 to punish US Airways if the airline didn't give it full booking access in a new contract, an airline executive told a Manhattan jury Tuesday as testimony got underway in a $134 million antitrust trial.

  • October 25, 2016

    Loop AI Atty Calls Judge's Sanction Threat Baseless

    The lawyer representing artificial intelligence startup Loop AI on Monday told a California judge overseeing an acrimonious trade secrets case that his sanction threat against her was based on communications with another judge that were never reflected in the court record, violating her right to due process.

  • October 25, 2016

    Verizon Pushes FCC To Limit Broadcaster Negotiation Tactics

    Verizon told the Federal Communications Commission on Monday that even though the agency has declined to pursue new rules limiting tactics broadcasters can use when negotiating the retransmission of TV signals, the FCC can still take steps to address negotiation “abuses” carried out by broadcasters.

  • October 25, 2016

    Cameron Can't Block Former Exec From All Middle East Work

    A Texas federal judge ruled Tuesday that Cameron International Corp. can restrain one of its former top executives from working for competitors only in Oman and Yemen, not the entire Middle East, under his noncompete agreement.

  • October 25, 2016

    Trustee Wants Another Go At Credit Suisse In RMBS Fight

    U.S. Bank NA has urged a New York state judge to give permission to modify a dismissed $936 million suit against a Credit Suisse AG affiliate over alleged misrepresentations about mortgage-backed securities, saying a change in law makes the case viable.

  • October 25, 2016

    10th Circ. OKs Testimony On Bankruptcy In Royalty Case

    The Tenth Circuit ruled Tuesday that Mitchell International Inc. doesn’t owe royalties to Vehicle Market Research Inc. over a valuation program for car insurers, finding that the introduction of evidence about differing bankruptcy valuations by the owner of VMR didn't flout a previous Tenth Circuit ruling — especially since the testimony was introduced by the owner's own lawyer.

  • October 25, 2016

    Rainmaker Q&A: Greenberg Traurig's Richard Edlin

    Once, I moved into a client's house for about 10 days and we prepped for a deposition at all hours of the day and night. It wasn’t really necessary, except that it made him feel better and put him in a much more positive frame of mind, says Richard Edlin, vice chairman at Greenberg Traurig LLP.

  • October 25, 2016

    Boeing Fights Sanctions In $1.2B Contract Fight

    Boeing claimed Monday it had no responsibility to preserve documents relating to Alabama Aircraft Industries' suit over a $1.2 billion U.S. Air Force maintenance contract in a response to the bankrupt company’s request for sanctions from an Alabama federal judge.

  • October 25, 2016

    Hitachi, AVANTech Seek Discovery Stay In Trade Secrets Suit

    Hitachi America Ltd. and AVANTech Inc. asked a New York federal court on Monday to stay discovery in a $1 billion suit accusing them of conspiring to steal Purolite Corp.’s trade secrets to secure contracts for water decontamination at the Fukushima Daiichi nuclear plant in Japan because various motions to toss the case and transfer it are still pending.

  • October 24, 2016

    ECA Loses Bid To Nix $1.1M Landowner Royalties Verdict

    A class of landowners who say they were underpaid for natural gas royalties are entitled to a $1.1 million judgment from Energy Corp. of America, a Third Circuit panel ruled Monday, finding that the company didn't prove its need for a new trial.

  • October 24, 2016

    Charter Can’t Dodge $10B Racism Suit Despite Comcast Win

    A California judge Monday rejected a bid by Charter Communications Inc. to ditch a $10 billion suit alleging it blocks black-owned companies’ access to cable networks, noting a similar suit Comcast recently got tossed didn’t have alleged “arguably racist” statements from two company officials.

  • October 24, 2016

    TransPerfect Workers Lose Bid To Weigh In On CEO's Appeal

    The Delaware Supreme Court on Monday shot down a TransPerfect Global Inc. employees group's request to reargue its failed bid to weigh in on an appeal by co-CEO Philip R. Shawe, who is trying to reverse an order putting his $1 billion legal translation company up for sale. 

  • October 24, 2016

    Marriott Time-Share Owners Rebut County Bid To Avoid Suit

    Time-share purchasers who accuse Marriott and First American Title Insurance Co. of duping them into invalid real estate deals slammed an attempt by Florida's Orange County to escape claims it was complicit in the alleged violations, saying the county's responsibilities go beyond being a “mindless administrator.”

  • October 24, 2016

    Loop Atty Presses Calif. Judge to Retract 'Retribution' Order

    A New York litigator engaged in a bitter trade secrets case has doubled down in a filing in misconduct allegations against a California magistrate judge and her clerk.

Expert Analysis

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Nevada High Court's Unyielding Approach To Noncompetes

    Patrick H. Hicks

    The Nevada Supreme Court's recent decision in Golden Road Motor Inn v. Islam provides additional guidance on the concept of “reasonableness” for employers to keep in mind when drafting noncompete agreements. Employers are well advised to evaluate whether such agreements extend beyond what is necessary to protect legitimate business interests, say Patrick Hicks and Kathryn Blakey of Littler Mendelson PC.

  • Getting More Value From Your Damages Expert

    David J. Ottenbreit

    It is not uncommon for litigation attorneys to delay retaining damages experts for their cases until fact discovery has either ended or is nearly exhausted. While this may minimize cost, the resulting work product and testimony for the damages case may not be as strong — which could be pivotal if the case comes down to a “battle of the experts,” say members of Gnarus Advisors LLC and Saul Ewing LLP.

  • 'Production Sharing Agreement' Wells: Pros And Cons

    Andrew Zeve

    Production sharing agreement wells and allocation wells present workable alternatives to pooling the tracts needed to drill a horizontal well, but are not without risk, and will often create additional issues that should be considered in planning for the future development of an oil or gas operator’s underlying leasehold position, say Andrew Zeve, Austin Lee and Jonathan Seliger of Bracewell LLP.

  • When Your Client Is The President

    John W. Dean

    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • 100 Days Of Cayman Islands Limited Liability Companies

    Tim Buckley

    Although a new form of entity under Cayman Islands law, the Cayman Islands LLC is familiar in form to U.S. lawyers and industry participants; Cayman Islands LLCs operate in an almost identical way to Delaware LLCs, say Tim Buckley and Andrew Barker of Walkers Global.