Commercial Contracts

  • August 4, 2015

    Harley-Davidson Dealership Appeals Relocation Row Loss

    A Harley-Davidson Motor Co. dealer appealed to the Ninth Circuit on Tuesday a California federal judge’s order a day before throwing out the dealership’s suit that had accused the company of forcing it to move to a less desirable location.

  • August 4, 2015

    Zumba Sues Shipper Over $464K In Stolen Merchandise

    Exercise company Zumba Fitness LLC hit a shipping logistics services company and its subcontractor with a suit in Arkansas federal court on Monday, claiming the logistics company refused to reimburse Zumba for $464,000 worth of merchandise that was stolen under the subcontractor’s watch.

  • August 4, 2015

    LA Utility Stole Bidding System Trade Secrets, Suit Says

    Office Future Systems Inc. has sued the Los Angeles Department of Water and Power, alleging it terminated a contract for an online e-commerce bidding system and then misappropriated the company's trade secrets by using its former chief of technology to develop a duplicate system.

  • August 4, 2015

    Ex-Soccer Star Says NY Cosmos Can't Duck Firing Suit

    Former soccer star Eric Cantona urged a New York federal judge Monday not to toss his breach-of-contract suit against New York Cosmos LLC, arguing the franchise had no right to end his consulting deal after he reportedly punched a press photographer.

  • August 4, 2015

    Ex-Owners Want Out Of Trump Golf Club Member Refund Spat

    Former owners of the Ritz-Carlton Golf Club & Spa in Jupiter, Florida — now Donald Trump’s Trump National Golf Club — told a federal court Monday they’re not liable for any alleged contract breaches in a certified class action from “disgruntled” former members seeking refunds of their deposits.

  • August 4, 2015

    Jersey City's Labor Rules For Tax-Abated Projects Survive

    A New Jersey federal judge on Monday booted a contractor advocacy group's suit challenging labor agreement requirements that Jersey City hitched to its tax abatements for private building projects, finding that the group's federal preemption and constitutional claims couldn't shake the city's law.

  • August 3, 2015

    Calif. Justices Make Deal Unconscionability A Tough Sell

    The California Supreme Court on Monday found that a car buyer can’t avoid an arbitration agreement with a class waiver merely by complaining after the fact that the deal was unfair, a post-Concepcion ruling attorneys say is likely to make it harder for consumers to show an arbitration agreement is unconscionable and that may prove useful to employers in contract fights with workers.

  • August 3, 2015

    Farmers Agent Axed To Pay Debt Loses Appeal To 8th Circ.

    The Eighth Circuit refused to revive a suit by a former Farmers Insurance Group agent who defaulted on a loan from his employer and was forced to resign to pay off his debt with a severance bonus on Monday.

  • August 3, 2015

    Calif. High Court Says Arbitration Deal Not Unconscionable

    The California Supreme Court ruled in a closely watched post-Concepcion case Monday that a lower court erred in finding a consumer arbitration agreement with a class waiver unconscionable, saying the standard for unconscionability must be as rigorous when applied to arbitration clauses as for any contract clause.

  • August 3, 2015

    Western Sky Gets Injunction Lifted In Fla. Loan Row

    A Florida appeals court on Friday lifted a temporary injunction affecting a Native American loan company that's been accused by the state of luring consumers into obtaining loans with illegally high interest rates, ruling that the state hadn't shown it had a clear right to the measure.

  • August 3, 2015

    Regions Bank Joins Call For Sanctions In Fla. Property Row

    Regions Bank Inc. joined its counsel in calling for sanctions against the plaintiffs' attorneys in a Florida commercial property dispute, telling a Florida federal court Monday that the claims are “patently frivolous” and “not supported by fact or law.”

  • August 3, 2015

    Galderma Owes NYU's Fees For Oracea Appeal, Judge Says

    Galderma Laboratories Inc. must cover New York University’s attorneys' fees stemming from an appeal of an underlying patent suit against Mylan Pharmaceuticals Inc. and others, a New York federal judge held Friday, even though the dermatology drugmaker didn’t bring the appeal.

  • August 3, 2015

    Judge Drops $150M Beats Royalties Row Against Dr. Dre

    A California judge refused Monday to reconsider claims by the designer of the first model of music mogul Dr. Dre's Beats Electronics LLC’s headphones that he was owed $150 million in royalties on subsequent Beats headphones, saying no new facts or circumstances were put forward to change his mind.

  • August 3, 2015

    Reebok Line Should Be Blocked For IP Row, Plaintiff Says

    A Kevlar-coating technology company asked a Delaware federal court on Friday to stop Reebok International Ltd. from selling a line of CrossFit athletic wear that allegedly infringes its patents, arguing it could be pushed out of its own market if an injunction isn’t issued.

  • August 3, 2015

    Philly Landowner Says Oral Agreement Can't Delay $18M Sale

    An oral agreement struck between a prominent Philadelphia developer and the owner of a five-acre lot targeted for a major residential and retail project did not extend a June deadline to close an $18 million deal for the property, the landowner told a Pennsylvania state judge on Thursday.

  • August 3, 2015

    Chef Jose Andres Says Trump's Suit Is 'Without Merit'

    Celebrity chef Jose Andres hit back this weekend against a $10 million breach-of-lease suit filed by a Trump Organization subsidiary over Andres’ reneging of a deal to operate a restaurant in the Trump International Hotel in Washington, D.C., after Donald Trump made caustic statements about illegal immigration.

  • August 3, 2015

    Citi Can't Reargue Liability Cap In Grocer Card Breach

    A Missouri federal judge denied a bid for reconsideration by First Data Merchant Data Services Corp. and Citicorp Payment Services Inc. in a payment card data breach suit on Friday, leaving in place a ruling capping liability for Schnuck Markets Inc. at $500,000.

  • July 31, 2015

    Trump Says Chef Can't Quit Lease Over Immigration Remarks

    A Trump Organization subsidiary filed a $10 million breach-of-lease suit against celebrity chef Jose Andres’ restaurant company for reneging on a deal to operate a restaurant at Washington, D.C.’s Trump International Hotel, saying Andres couldn't back out because he was offended by Donald Trump’s statements on illegal immigration.

  • July 31, 2015

    Attys Tell Justices 6th Circ. Wrongly Revived FDCPA Suit

    Zwicker & Associates PC asked the Supreme Court to quash a class action claiming the firm violated the Fair Debt Collection Practices Act by asking for attorneys fees in a separate debt collection suit, saying allowing liability under the law tramples lawyers' constitutional rights.

  • July 31, 2015

    State Law Governs DirecTV Arbitration Row, High Court Told

    The U.S. Supreme Court has accepted seven amicus briefs on behalf of a class of California DirecTV customers challenging an arbitration provision in user agreements, in which professors and others contended that the case is a contract dispute subject to state, not federal, law.

Expert Analysis

  • Beware Of The Latest Collective Bargaining Traps

    Douglas Darch

    Babcock & Wilcox Construction Co. The Finley Hospital. M&G Polymers USA LLC v. Tackett. In the last six months, the National Labor Relations Board and U.S. Supreme Court have disrupted settled labor negotiation principles regulating collective bargaining, which should push negotiators to re-evaluate their understanding of the deferral standard and permissive subjects of bargaining, say Douglas Darch and Ryan Vann of Baker & McKenzie LLP.

  • New Risks To Non-US Banks In American Courts

    Robert P. Reznick

    The law governing the assertion of personal jurisdiction against non-U.S. banks based on U.S.-branch activity is changing rapidly. Some of the currents of change, such as the principle established by the Daimler case, lead in the direction of a lower risk of litigation. Others may lead in the opposite direction, says Robert Reznick of Orrick Herrington & Sutcliffe LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • The Interplay Between Indemnity And Insurance Clauses

    Jeffrey A. Kiburtz

    Setting aside whether indemnity is truly “deadly dull” and insurance is only generically boring, as one California court described them, the lack of a clear relationship between contractual indemnity provisions and insurance requirements can give rise to considerable uncertainty in construction contract litigation, say Jeff Kiburtz and Clark Thiel at Pillsbury Winthrop Shaw Pittman LLP.

  • 7th Circ. Doesn't End Debate Over Ill.'s Fifield Rule

    Jason B. Hirsh

    The Seventh Circuit's opinion in Instant Technology LLC v. DeFazio did not so much as mention adequacy of consideration, Illinois' Fifield rule and the series of opinions challenging its validity, or the inconsistency in the district court. In the end, with any luck, the Illinois Supreme Court will soon step in and resolve this matter once and for all, says Jason Hirsh of Levenfeld Pearlstein LLC.

  • Commercial Common Sense And Bad Bargains

    Peter McMaster

    For lawyers in the U.S. working in finance, insurance and other areas where business is conducted through offshore financial centers, the English approach to interpreting commercial contracts matters. A recent U.K. Supreme Court decision in Arnold v. Britton & Ors acknowledges the importance of commercial common sense while insisting on its limits, even in the face of an extreme outcome, say Peter McMaster and Rupert Coe of Appleby... (continued)

  • Screened Selection In Party-Appointed Arbitrations

    Charles B. Rosenberg

    The International Institute for Conflict Prevention & Resolution's screened selection process for party-appointed arbitrators is a simple compromise between the positions of those who believe the existing system of party appointments should remain unchanged and those who would overhaul the system, say Charles Rosenberg of White & Case LLP and Olivier Andre of the International Institute for Conflict Prevention & Resolution.

  • The Proposed Best Interest Contract Exemption: Part 3

    Susan Krawczyk

    Some broker-dealers may choose to develop a separate customer platform for retirement investor accounts in order to comply with the U.S. Department of Labor's proposed best interest contract exemption, rather than subject all of their retail customer accounts to the same rules. The more formidable challenge, though, will likely be the fee and compensation disclosure requirements, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • The Proposed Best Interest Contract Exemption: Part 2

    Susan Krawczyk

    In light of the U.S. Department of Labor's proposed best interest contract exemption guidance, a broker-dealer might decide to exclude transactions in retirement investor accounts from incentive or bonus programs offered to its brokers, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.