Commercial Contracts

  • August 19, 2014

    Del. Chancery Judge Axes Trustee Suit Over EMC Mortgages

    A Delaware Chancery judge slashed a mortgage trustee’s breach of contract suit that alleged EMC Mortgage LLC and JPMorgan Chase Bank NA misrepresented the quality of thousands of loans it sold, ruling Tuesday that the bulk of the claims were time-barred.

  • August 19, 2014

    American Realty Accused Of Dodging $63M Award

    American Realty Investors Inc. was slapped with a lawsuit in Texas federal court Tuesday by a Michigan real estate mogul who said the company abused the bankruptcy process and is hiding assets to avoid paying a $63 million judgment stemming from a soured apartment complex deal.

  • August 19, 2014

    Chesapeake Settles Gas Royalty Dispute With Texas City

    A Texas city with property in the Barnett Shale on Tuesday approved a settlement with a Chesapeake Energy Corp. unit that resolves a Texas state court suit alleging the company underpaid natural gas royalties and amends a series of leases covering 1,900 city-owned acres.

  • August 19, 2014

    Greenberg Traurig Atty Knew Client Forged Doc, Motion Says

    A former Greenberg Traurig LLP attorney allegedly tried to cover up that his hedge fund principal client forged and backdated a contract amendment in litigation against a former business partner and burned the document to thwart forensic ink-dating, according to a motion filed Monday in New York state court.

  • August 19, 2014

    Hurdles Remain Before Orioles Can Claim Victory Over Nats

    Orioles ownership has taken an early lead in a New York court challenge to Major League Baseball arbitrators' decision that the team's network must pay higher broadcast rights fees to the Washington Nationals, but big questions remain, including whether teams' ties to Proskauer Rose LLP tainted the proceedings, before Baltimore lands in the win column.

  • August 19, 2014

    Goodyear Owes Crane Co. For $7M Asbestos Verdict, Suit Says

    Industrial products manufacturer Crane Co. filed suit Tuesday in California federal court alleging that Goodyear Tire and Rubber Co. is liable for its share of a $6.9 million verdict in underlying asbestos litigation because Goodyear manufactured the asbestos-containing material.

  • August 19, 2014

    $18M Safeway Lease Breach Verdict Cut By Pa. Appeals Court

    A Pennsylvania appeals court on Tuesday upheld most of an $18.4 million verdict against Safeway Inc. over its backing out of a lease in a new shopping center because the landlord couldn’t obtain the proper zoning permits, but said the trial court erred in tacking on reletting costs and attorneys' fees.

  • August 19, 2014

    EME Wants Chicago Bears' Suite License Claim Sacked

    Edison Mission Energy on Monday urged an Illinois bankruptcy judge to deny Chicago Bears Football Club Inc.'s claim against EME's estate for fees tied to a license agreement for an executive stadium suite, saying EME itself doesn't owe the Bears anything and that CBFC failed to mitigate its damages.

  • August 19, 2014

    Aetna Hits Indicted Medical Lab With $15M Fraud Suit

    Aetna Health Inc. has filed a $15 million fraud suit in New Jersey court against several parties, many of them doctors, charged in connection with a $100 million scheme in which a medical laboratory paid kickbacks to refer patients for unnecessary tests.

  • August 19, 2014

    Foreign Workers Seek Nod On $1.8M TruGreen Wage Deal

    Former foreign workers who say TruGreen Landcare LLC fails to pay minimum wage by not reimbursing them for visa and travel costs urged a New York federal court Monday to grant final approval to their $1.8 million collective and class action settlement with the landscaping company.

  • August 19, 2014

    Judge Clears Way For Settlement In BofA, US Bank RMBS Suit

    A New York federal judge on Monday made way for a settlement by Bank of America NA and U.S. Bank NA of an investor suit over residential mortgage-backed securities, finding the pending deal makes moot a bid to certify a class of investors who alleged the banks failed in their role as the trustees of pools of the securities.

  • August 18, 2014

    5 Questions Before Cos. Enter Worker Arbitration Deals

    The California Supreme Court’s Iskanian ruling solidifying the enforceability of class waivers in arbitration agreements is likely to encourage employers to draw up such deals, but some companies may find that even with the added benefit of a provision barring class actions, arbitration agreements may not be in their best interest. Here are five questions companies should ask themselves before drafting arbitration deals.

  • August 18, 2014

    ConAgra Unit Fights Dismissal Sanctions In Snack Fraud Suit

    A snacking company suing ConAgra Foods Inc. subsidiary Ralcorp Holdings Inc. for tens of millions of dollars over alleged fraud in an ill-fated snack line deal urged a California judge Monday to impose terminating sanctions on the food manufacturer, saying its counsel, Bryan Cave LLP, tried to thwart discovery and delay proceedings.

  • August 18, 2014

    Kindred To Pay $16.5M To Settle Workers' Wage Class Action

    Kindred Healthcare Inc. on Monday said it would pay $16.5 million to end thousands of hospital workers’ class action allegations that the hospital giant violated state labor laws by not paying for late hospital shifts and missed meal breaks.

  • August 18, 2014

    Aetna OK’d To Countersue Docs Suing Over Nixed Contract

    A California judge on Monday kept alive Aetna Health Plans of California Inc.'s breach of contract counterclaims against two doctors who filed a putative class action alleging the insurer wrongfully terminated them from its coverage network because they referred Aetna-covered patients to out-of-network providers.

  • August 18, 2014

    Hedge Funds Sue Lehman Over Swaps Interest Claims

    A trio of hedge funds filed suit against Lehman Brothers Holdings Inc. in New York bankruptcy court on Friday, seeking a declaration they are entitled to set the interest rate on payments due from a Lehman subsidiary under terminated swaps and derivative contracts that they purchased during the Chapter 11 case.

  • August 18, 2014

    Michelin Tells 5th Circ. Le Mans Tire Row Lacks Merit

    Michelin North America Inc. urged the Fifth Circuit on Friday to uphold a district court’s finding that the tire giant and General Motors LLC didn’t enter into an anti-competitive agreement to preclude LG Motorsports Inc. from obtaining Michelin-brand racing tires for the Corvette it raced in the American Le Mans Series.

  • August 18, 2014

    Fabrics Company Sues Over Work On Taj Mahal Strip Club

    A specialty fabrics company has sued Holt Construction Corp. over the development of a Scores gentlemen's club at the Trump Taj Mahal Casino Hotel in Atlantic City, New Jersey, contending that it's owed more than $237,000.

  • August 18, 2014

    9th Circ. Won't Send B&N Tablet Sale Row To Arbitration

    The Ninth Circuit on Monday refused to send to arbitration a putative class action alleging Barnes & Noble Inc. violated false advertising laws by canceling thousands of online orders for discounted Hewlett-Packard Co. tablets, ruling the plaintiff didn't assent to the website's terms of use.

  • August 18, 2014

    Sears Workers Latest To Cite Iskanian In Arbitration Fight

    Former Sears Holdings Management Corp. assistant store managers on Friday urged a federal judge to keep their putative wage-and-hour class action out of arbitration, arguing a recent California Supreme Court decision undermines the company's argument that they had waived their claims in an arbitration agreement.

Expert Analysis

  • A Clash Of Cultures: Employee Committees In The US

    Douglas A. Darch

    Management should proceed with caution when a union agrees to the establishment of a European-style works council and cedes its bargaining authority to the council because a union is free at any time — including during the term of a collective agreement — to void its agreement without violating U.S. labor laws, say Alexander Wolff and Douglas Darch of Baker & McKenzie.

  • Clarifying Option-To-Purchase Forfeiture Standards

    Noble F. Allen

    The Connecticut Supreme Court in Pack 2000 Inc. v. Cushman tackled the issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purchase a leased property, and the court’s ruling shows that a landlord must not wait until after the tenant’s exercise of its option to raise a noncompliance argument, says Noble Allen of Hinckley Allen & Snyder LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Consider Hearsay Issues Before A Rule 30(b)(6) Deposition

    Susan F. DiCicco

    To avoid the risk of multiple depositions or inadmissible testimony, all counsel should focus prior to a deposition — and before designating a witness — on knowledge and hearsay issues that may arise at Rule 30(b)(6) depositions, say Susan DiCicco and Stephen Scotch-Marmo of Bingham McCutchen LLP.

  • Mixing Noncompetes, Trademark And Ice Cream

    Jonathan Pollard

    It seems fairly evident that former Mister Softee ice cream truck franchisee Dimitrios Tsirkos’ Master Softee trucks were a blatant rip-off of the Mister Softee brand, which made noncompete breach claims against him easy. But remove the trademark infringement from the equation and it’s a totally different ballgame, says Jonathan Pollard of Jonathan Pollard LLC.

  • Medtronic Ruling Creates Hurdles For Antitrust Defendants

    Dionne Lomax

    The Tenth Circuit's recent decision in Lenox MacLaren Surgical Corp. v. Medtronic Inc. raises the bar for defendants in antitrust suits, particularly on the issues of market definition and entry defenses, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • A Close Look At NY's New Privilege Log Rule

    Joseph B. Schmit

    In addition to significantly reducing costs incurred in the preparation of privilege logs, the new categorical approach to privilege logs in New York will allow parties to identify and frame legal issues requiring the court’s attention more clearly — thus positively impacting the efficiency of the dispute resolution process as well, say Joseph Schmit and Aaron Schue of Phillips Lytle LLP.

  • Courtroom Challenge: Preparing For A First Trial

    John S. Worden

    Trials are stressful and, while there is a certain kind of nervousness from the fear of being embarrassed among inexperienced lawyers, learning how to examine and cross-examine witnesses as well as how to craft arguments are not mechanical and can only be mastered through experience, say John Worden and Lindsey Berg of Schiff Hardin LLP.

  • A Look At 1st M&A Deals Under China’s New Review Process

    Noah Brumfield

    The Chinese agency for antitrust merger clearance has published its first two clearances under a recently issued rule for simplified merger review — a Rolls-Royce-Daimler joint venture and Toyota Tsusho’s acquisition of Scholz AG — and both cases signal a willingness to quickly terminate reviews that pose little antitrust issue, say attorneys with White & Case LLP.