Commercial Contracts

  • February 12, 2016

    Emirati Bank Says Calif. Law Doesn't Apply In Fee Dispute

    An Emirati bank told a California federal judge on Thursday that he shoudn’t apply California law when he evaluates whether a technology company should receive attorneys' fees following its successful bid to arbitrate their contract dispute in the Golden State instead of Dubai.

  • February 12, 2016

    NJ Muslim Hospital Worker’s Bias, Liability Claims Survive

    A New Jersey judge has ruled that Cooper Health System must face vicarious liability and discrimination claims lodged in a lawsuit alleging it wrongfully ordered a Muslim worker to cover her religious henna tattoos, but nixed breach of contract and constructive discharge allegations.

  • February 12, 2016

    Chrysler Has No Right To See Tax Returns, Ram Owners Say

    Members of a proposed class action against Chrysler alleging defective steering in some models of the Dodge Ram pickup have asked a California federal judge not to require disclosure of their tax returns, saying they were overbroad and meant to harass.

  • February 12, 2016

    Southwest Fights DOT Calls To Share Dallas Gates With Delta

    Southwest Airlines urged a D.C. Circuit panel Friday to scrap a letter from the Department of Transportation allegedly forcing the company to share its gates at a Dallas airport with rival Delta, saying the letter was a final agency action subject to review.

  • February 11, 2016

    KBR Wants Iraqi Contractor's Post-Arbitration Suit Tossed

    Defense contractor KBR Inc. told a New York federal court Thursday it plans to seek dismissal of an Iraqi businessman’s lawsuit seeking damages denied by an international arbitration panel, saying the man does not have standing to bring his lawsuit because he was not a party in KBR’s subcontract with his company.

  • February 11, 2016

    NFL, AP Urge Judge To Shutter Photogs' Suit For Good

    The National Football League and The Associated Press urged a New York federal judge Thursday to block the second pass at a lawsuit by a group of professional football photographers alleging copyright and antitrust violations over the use of their work.

  • February 11, 2016

    Emirati Bank, Calif. Tech Co. Must Talk Before Arguing Fees

    A California federal judge ordered a technology company and an Emirati bank on Thursday to confer on what body of law applies in a decision on whether the court can award attorneys’ fees following the company’s successful bid to arbitrate a contract dispute in the Golden State instead of Dubai.

  • February 11, 2016

    STB Takes Over $1.4M Freight Holding Fees Dispute

    The U.S. Surface Transportation Board stepped into a dispute Thursday between CP Rail and Finch Paper Co. over $1.4 million in charges that Finch it won't pay because some of the charges are the rail company’s fault.

  • February 11, 2016

    LeClairRyan Wants Arbitration With Atty In Sex Bias Suit

    Gender discrimination allegations made by a former equity partner of LeClairRyan belong in arbitration rather than in a Virginia federal courtroom because she accepted a shareholder agreement that contained the provision through her years of performance, even if she never physically signed the document, the firm argued on Thursday.

  • February 11, 2016

    Areva Increases Claims To $3.96B In Nuclear Costs Dispute

    Finnish utility Teollisuuden Voima Oyj has announced that French nuclear firm Areva SA increased its claim amount to approximately €3.52 billion ($3.96 billion) in long-running arbitration between the companies over construction delays and ballooning costs at the troubled Olkiluoto 3 nuclear power plant.

  • February 11, 2016

    Trump, Univision Settle $500M Suit In Miss Universe Row

    Donald Trump and Univision Networks & Studios Inc. on Thursday told a New York federal court that they had settled the Republican presidential candidate’s $500 million contract breach suit over the network’s withdrawal from an agreement to carry the Miss Universe contest.

  • February 11, 2016

    Pryor Cashman Gets Malpractice Claim Nixed From $37M Suit

    A New York state judge on Thursday dismissed a malpractice claim from a $37 million suit by a holding company once tied to real estate investor David Lichtenstein that blames Pryor Cashman LLP for a $25 million judgment reversal in a soured deal to acquire a distressed bank, saying the company is the wrong party to assert it.

  • February 11, 2016

    Caesars' Bank Lenders Say Patience 'Wearing Thin'

    Lenders holding most of the first-lien debt in Caesars Entertainment’s bankrupt operating unit said Wednesday in Illinois court that they will support the business’s request for additional breathing room as it looks to restructure its debt, but indicated that negotiations with financial stakeholders have stalled and that their patience is “wearing thin.”

  • February 11, 2016

    QVC Website Crash Suit Against Resultly Gets Trimmed

    QVC hung on to a few claims Wednesday in its suit against Resultly, whose Web crawling software caused the TV shopping giant's website to crash for two days, but saw most contract breach and computer fraud allegations tossed for lack of proof.

  • February 11, 2016

    TransCanada Gas Pipeline Rate Hike Draws Fire At FERC

    Consumer advocates, utilities and customers of TransCanada Corp.'s U.S. natural gas pipeline arm urged the Federal Energy Regulatory Commission on Wednesday to halt a proposed increase in gas transportation rates, claiming the company is seeking an unreasonable, multimillion-dollar windfall after not raising rates for 20 years.

  • February 11, 2016

    Texas Atty Scores $100K In Movie Theater Consulting Fight

    A Texas appellate court on Wednesday said a Dallas attorney didn’t have to also be a licensed real estate broker to collect a $100,000 consulting fee for helping select a site for the movie theater chain Studio Movie Grill, saying his Texas law license was enough.

  • February 11, 2016

    3 Tips For Setting Aside An International Arbitration Award

    International arbitration is touted as much for its cost, efficiency and flexibility over litigation as its certainty and finality, but losing parties can be left dissatisfied with fewer options available for challenging an unfavorable award. Here, experts provide three tips for setting aside an international arbitration award.

  • February 11, 2016

    CBS Chairman Slams Proposed Retrans Changes At FCC

    The chairman of CBS has pressed Federal Communications Commission Chairman Tom Wheeler to drop proposals limiting the tactics broadcasters can use when negotiating retransmission rights, saying cable companies and satellite providers seeking the change are simply trying to avoid competition.

  • February 11, 2016

    Ex-PSU Prez Slams Freeh, University Over Sandusky Probe

    Ex-Pennsylvania State University President Graham Spanier filed his long-awaited libel suit Wednesday against former FBI Director Louis Freeh and his law firm over a critical report on the alleged Jerry Sandusky sexual abuse cover-up, also hitting the university with a contract suit over a separation agreement.

  • February 11, 2016

    Oil & Gas Co. Wants To Suspend Contract Suit, Arbitrate

    Hyperdynamics Corp. unit SCS Corp. Ltd. asked a Texas federal judge Wednesday to suspend its lawsuit accusing a Tullow Oil PLC affiliate of quitting a West African drilling contract so the parties can proceed with emergency arbitration.

Expert Analysis

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • A Clear Message On Hong Kong Arbitration Jurisprudence

    Phillip Georgiou

    The recent case of Chimbusco International Petroleum v. Fully Best Trading extends the existing jurisprudence in Hong Kong favoring arbitration and using the power of imposing indemnity costs as a disincentive to engage the courts in matters subject to final and binding resolution through arbitration.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Challenging An Arbitrator Ab Initio: A Primer

    Solum, Matt.jpg

    Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.

  • Ethics In International Arbitration

    Monique Sasson

    If counsel are bound only by their respective bar standards, international arbitration constitutes an “ethical no-man’s land.” It is difficult to see experienced practitioners from any jurisdiction having genuine concerns about the individual provisions of the International Bar Association's guidelines on party representation in international arbitration, says Monique Sasson, JAMS panelist and co-managing editor of journals at the ... (continued)

  • Putting Fee-Shifting Agreements Inside Arbitration Clauses

    Justin J. Wolosz

    The Massachusetts Supreme Judicial Court decision in Beacon Towers Condominium Trust v. Alex provides a lesson to practitioners in Massachusetts that when drafting contracts with arbitration clauses, any agreement to shift fees should be explicit and contained within the arbitration agreement itself, say Justin Wolosz and Jesse Siegel at Choate Hall & Stewart LLP.

  • Stage Is Set For Huge Stadium Naming Rights Deal In Calif.

    Zak Welsh

    Along with the obvious economic boon to the NFL and the Rams franchise, the team’s relocation to Los Angeles and the development of a new stadium present an intriguing opportunity for a company or brand to purchase naming and advertising rights to the facility. The deal will likely far surpass the value of any of its predecessors, says Zak Welsh of Sheppard Mullin Richter & Hampton LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • Using Anti-Suit Injunction To Enforce Arbitration Agreements

    Martin F. Gusy

    Varying approaches to anti-suit injunctions in the U.S. circuit courts — namely the liberal approach adopted in the Ninth and the more moderate approach adopted in the Second — reflect differing evaluations of comity in deciding whether to enjoin a foreign proceeding in favor of a concurrent, related arbitration or litigation. Two recent U.S. district court cases illuminate these methods, say Martin Gusy and Matthew Weldon of Cozen O’Connor.