Commercial Contracts

  • August 25, 2016

    Safeway Class Says Sheppard Mullin Stalled Doc Requests

    A class of Safeway customers who took home part of a $96.4 million judgment against the grocery chain for overcharging online shoppers has asked a California federal judge for monetary sanctions, saying Safeway’s former attorneys at Sheppard Mullin Richter & Hampton LLP were negligent in searching for requested documents, delaying their win.

  • August 25, 2016

    No Coverage For Fatal Explosion, Insurers Tell 6th Circ.

    A pair of insurers urged the Sixth Circuit on Thursday to uphold a ruling that they don't have to defend a project engineering firm in a lawsuit over a fatal explosion at a wastewater treatment plant where it supervised upgrades, asserting that an exclusion for claims stemming from the firm's professional services clearly bars coverage.

  • August 25, 2016

    NJ Agency OKs $1B Bonds For Delayed Meadowlands Project

    The New Jersey Sports and Exposition Authority on Thursday approved $1.15 billion in bonds for American Dream Meadowlands, breathing new life into the long-delayed retail and entertainment project that supporters say will pump thousands of jobs into the regional economy and critics claim will add to the area's traffic woes.

  • August 25, 2016

    Sports Merch Dealer's IP Licensing Suit Punted To State Court

    A sports memorabilia dealer embroiled in a patent ownership dispute with First Data Corp. won a double victory Thursday when a New Jersey federal judge agreed his contract claims should proceed in state court and dismissed First Data’s suit because the outcome would turn on the state case.

  • August 25, 2016

    AAI Wins Some Depositions In $1B Boeing Dispute

    An Alabama federal judge on Thursday allowed bankrupt Alabama Aircraft Industries Inc. to again depose Boeing Co.’s in-house attorney and another employee in the companies’ dispute over $1.2 billion in government contracts, but withheld a ruling on a request for sanctions.

  • August 25, 2016

    Baltimore Gas and Electric Wants Piece of Rate Hike Suit

    Baltimore Gas and Electric Co. on Thursday asked a Maryland federal judge for permission to join a lawsuit that several telecommunications companies brought against the Baltimore City Council over its decision to triple underground conduit fees, arguing that it has a valid stake in the dispute as the largest tenant of the conduit system.

  • August 25, 2016

    Judicial Ethics Case Could Help Rehab Pa. Bench's Reputation

    The Pennsylvania Supreme Court’s decision Wednesday to weigh whether an entire county bench should have been recused due to a judge’s financial interest in a case is winning praise from experts who say the appeal could help build public confidence in the state’s scandal-plagued judiciary.

  • August 25, 2016

    NJ Atty Loses Appeal Over DQ Bid In Restaurant Dispute

    A New Jersey state appeals court on Thursday ruled that an attorney should have been disqualified from serving as a restaurant's special fiscal agent due to his ties to an accounting firm involved in underlying litigation over the business.

  • August 25, 2016

    Volvo Dealer Bonus Program Not Discriminatory, Judge Rules

    An Ohio federal judge ruled Thursday that Volvo’s North American division made its dealer incentive program available to all of its franchises, rejecting a suburban Columbus dealership’s claims that Volvo implemented a discriminatory pricing scheme by unevenly paying bonuses to different dealerships.

  • August 25, 2016

    Swedish Chemical Biz Owners Must Arbitrate Payment Row

    A startup funding dispute among the co-owners of a Swedish chemical sales company must go before an arbitrator, despite their supposed oral pact that a related arbitration agreement did not apply, according to a Swedish appellate ruling made public Wednesday.

  • August 25, 2016

    Starwood Says Calif. Wrong Venue For Hotel Sale Fraud Suit

    Starwood Hotels and Resorts Worldwide told a California court Wednesday that it was the wrong venue for a fraud case involving a failed deal to buy a San Francisco hotel.

  • August 25, 2016

    Confusing Order Page Saves Amazon Diet Pill Suit: 2nd Circ.

    The Second Circuit ruled Thursday that Amazon's order page is so confusing that the company can't easily prove that a customer buying a weight-loss pill agreed to any terms and conditions, sending the suit back to the district court that had dismissed it.

  • August 25, 2016

    Sanctions For ‘Baseless’ Suit Against Snell & Wilmer Denied

    A financial kiosk company being accused, along with Snell & Wilmer LLP, of conspiring to bankrupt a competitor in a now-dismissed suit lost out Thursday on its bid to sanction the plaintiffs and their counsel when a Florida federal judge disagreed that there was good cause for such discipline.

  • August 25, 2016

    Israeli Real Estate Co. Owes $396K Award To US Developer

    An Israeli real estate firm that took a U.S. developer to arbitration over hundreds of thousands of dollars in fees only to be walloped with an even larger defamation counterclaim was ordered by a Georgia federal judge Wednesday to pay the defamation award with only a slight modification.

  • August 25, 2016

    India’s Top Court Lets US Coal Co. Arbitrate $18M Energy Row

    The Supreme Court of India rejected energy giant Reliance Industries Ltd.'s bid to keep an $18 million contract dispute with North American Coal Corp. in domestic courts, saying Wednesday that the conflict’s cross-border element means an agreement to arbitrate in London cannot be ignored.

  • August 25, 2016

    NFL's Titans Urge Logan's To Decide On Sponsorship Contract

    The Tennessee Titans professional football team asked a Delaware bankruptcy judge Wednesday to compel the parent company of casual dining chain Logan’s Roadhouse to decide whether it wants to assume or reject a sponsorship deal with the team in its Chapter 11 case.

  • August 25, 2016

    Tribes Blasts BNSF's Defense Of Crude Shipments

    The Swinomish Indian Tribal Community on Wednesday blasted the contention that BNSF Railway Co.'s increasing shipments of crude oil across reservation land do not breach a right-of-way easement agreement with the tribe or constitute trespass.

  • August 25, 2016

    Insurer Calls Bid To Toss Trade-Secrets Suit A Contradiction

    USG Insurance Services Inc. again Wednesday urged a Pennsylvania federal judge to keep alive its trade-secrets suit alleging a former broker went beyond breaking his employee contract by poaching the company’s clients and defecting to a competitor, calling the competing company hypocritical for bringing the same claims in similar suits.

  • August 25, 2016

    TC Pipelines Says Chancery Right To Ax $446M MLP Deal Suit

    TC Pipelines LP’s general partner told the Delaware Supreme Court late Wednesday that the Chancery Court correctly axed a unitholder challenge to a $446 million dropdown purchase of a pipeline segment from parent TransCanada Corp., arguing the investors have no case and simply disagree with the transaction value.

  • August 25, 2016

    Galerman Fee Award Reversed In Dispute With Ex-Atty

    A Pennsylvania appeals court on Wednesday reversed a trial judgment that awarded defunct law firm Galerman & Tabakin LLP nearly $80,000 in fees from a former firm attorney, concluding that the lower court misinterpreted the language of a fee-sharing arrangement in the attorney’s employment contract.

Expert Analysis

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • 5 Insurance Issues To Consider In Tech Transactions

    Darren S. Teshima

    Technology services and software companies face a variety of insurance issues while negotiating licenses and other service agreements, particularly in this era of data breaches and cloud computing. There are five primary issues to keep in mind in order to safeguard company success, says Darren Teshima of Orrick Herrington & Sutcliffe LLP.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • More Restrictions On Physician Noncompetes Ahead?

    Lisa A. Zaccardelli

    Recently, several states have followed the trend toward constraining the use of restrictive covenants in agreements with medical practitioners. Although the specific language in the new statutes differs, they all limit employers’ ability to craft restrictive employment contracts, shifting negotiating power back to doctors, say attorneys at Hinckley Allen & Snyder LLP.

  • 5 Key Takeaways From Key Energy’s FCPA Settlement

    Michael Volkov

    Key Energy had adopted a code of conduct, a Foreign Corrupt Practices Act and anti-corruption policy, and a procurement policy, but made no effort to ensure that these policies were enforced in Mexico. Companies continue to fall short on the compliance front by relying on local country managers, says Michael Volkov, a former federal prosecutor.

  • Exploring The Limits Of The At-Will Employment Doctrine

    Laura Lawless Robertson

    In jurisdictions where the at-will employment doctrine is recognized, employers are advised to zealously protect this right, including disclaimers in employee handbooks and other employment documents. But two recent federal appellate decisions out of the Fifth Circuit and Ninth Circuit suggest that even this hallowed doctrine is not without its limits, says Laura Lawless Robertson at Squire Patton Boggs LLP.

  • Enforcing Oral Settlements: New York's Open Court Exception

    James C. Ng

    New York law's open court exception allows for the enforcement of oral settlement agreement, provided that those agreements satisfy certain conditions. James Ng of Samuel Goldman & Associates explains the process behind the open court exception and the criteria for determining which agreements can be enforced.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • The ETE-Williams Dispute Through A Tax Lens

    Peter J. Connors

    The covenant in the merger agreement between Energy Transfer Equity and the Williams Companies requiring a tax opinion from Latham & Watkins LLP specifically is common in such agreements. Peter Connors and Jason Halper of Orrick Herrington & Sutcliffe LLP take a close look at why Latham decided not to write the opinion, and why Delaware Vice Chancellor Sam Glasscock decided that Latham acted in good faith.