Commercial Contracts

  • August 28, 2015

    Hearst Asks FCC To Fine Fla. Cable Co. In Retrans Dispute

    Hearst Television Inc. has asked the Federal Communications Commission to fine a Florida cable provider $5.4 million for carrying three Hearst-owned broadcast stations even after halting payments under a retransmission consent agreement Dec. 31, according to an FCC filing made public Friday.

  • August 28, 2015

    Texas Court Revives $1.9M Award Over Biotech Patent Project

    A Texas appellate court has reinstated a $1.875 million arbitration award against Phyton Biotech Inc. in a patent licensing dispute over technology used in treating excessive human growth hormone production, holding a trial court didn’t have the power to overturn the decision.

  • August 28, 2015

    McDonald Hopkins Adds Ex-Akerman Partner In S. Florida

    McDonald Hopkins LLC announced Wednesday that Christopher B. Hopkins has been elected a member of the business advisory and advocacy law firm and will bring his experience with contracts, emerging technologies and related privacy issues to its West Palm Beach, Florida, office.

  • August 28, 2015

    Firms' Fight Against Baker Botts Ruling Looks Futile

    Law firms are trying to use contract terms to get around a U.S. Supreme Court ruling that forces bankruptcy attorneys to cover the cost of defending their fee requests, but experts say their strategy, which faces stiff opposition from a U.S. trustee, is unlikely to win over judges.

  • August 28, 2015

    Ex-AIG Exec Takes Stand In $2B Coventry Racketeering Trial

    American International Group Inc.'s former head of risk management said Friday he was “stunned” to hear allegations that life policy seller Coventry First LLC systematically overcharged the insurance giant, but Coventry sought to dispel AIG's $2 billion racketeering case by portraying him as part of a loose operational culture that tolerated departures from contractual rigors.

  • August 28, 2015

    Judge Keeps Most Counterclaims In $7.3M Hotel Developer Suit

    A Georgia federal judge on Friday dismissed an unjust enrichment counterclaim but kept three other counterclaims alive in a $7.3 million-plus lawsuit brought by Atlanta-based lender Access Point Financial Inc. against Ext-Indy Suites LLC and several other defendants alleging the hotel developer fraudulently obtained and defaulted on a loan tied to an Indianapolis hotel property.

  • August 28, 2015

    Oracle's Anti-SLAPP Bid Panned By Court In HP Contract Row

    A California appeals court slammed Oracle Corp. on Thursday for filing an anti-SLAPP motion the day before a breach-of-contract trial brought by Hewlett-Packard Co. was set to begin, holding the motion’s only likely result will be to unnecessarily drag out proceedings and cause HP to incur further costs.

  • August 28, 2015

    Sage Group Says Suit Over Axed MYOB Bid Has Been Tossed

    U.K. accounting software giant The Sage Group PLC said on Friday that a lawsuit brought in 2011 by MYOB Ltd. shareholders over its aborted bid for the Australian software company has been tossed.

  • August 28, 2015

    Abercrombie Gift Card Class Hangs By A Thread After Ruling

    An Illinois federal judge all but finished off a class action by a shopper accusing Abercrombie & Fitch Stores Inc. of not honoring promotional gift cards, saying her argument for summary judgment showed problems with her breach of contract claim in a ruling Friday.

  • August 28, 2015

    Chrysler Dodges Calif. Contract Row Over Property Deal

    Following a monthlong bench trial earlier this spring, a California state judge has indicated that the former Chrysler Group LLC, now FCA US LLC, is set to win a long-running contract beef with a local auto dealer over the purchase of a property along San Jose’s auto row.

  • August 28, 2015

    George Smith Partners Seeks Sanctions In Dismissed Fraud Suit

    A real estate investment banking firm dismissed last month from a suit alleging it conspired with other defendants to defraud developers hoping to build entertainment venues in the Mall of America and other shopping centers urged a California federal judge on Thursday to order sanctions against the plaintiffs and their counsel, claiming they engaged in “frivolous” litigation tactics and violated their statutory duties.

  • August 28, 2015

    Pa. Utility Can't Stay Bait-And-Switch Class Action

    A Pennsylvania federal judge Friday declined to stay a proposed class action alleging a U.S. Gas & Electric subsidiary promised low rates to lure customers from competitors only to jack up prices, allowing discovery in the case to move forward.

  • August 28, 2015

    5 Insights From 3M General Counsel Ivan Fong

    Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.

  • August 27, 2015

    Ex-Running Back Says BB&T Allowed Fraudulent Investments

    Former Jacksonville Jaguars running back Fred Taylor insisted Thursday in a federal negligence trial against Branch Banking & Trust Co. that he never authorized more than $500,000 from his account to be invested in an Alabama casino, despite the bank's suggestions to the contrary.

  • August 27, 2015

    Minor League Team Owner Ducks Bid To Reopen Lien Case

    A Pennsylvania federal judge on Thursday denied an Eagle Bancorp. Inc. unit's bid to reopen a case against the owner of a defunct minor league baseball team over its failure to return $1.25 million after the company agreed to repay the funds.

  • August 27, 2015

    TV Station Appeals Order To Finalize $6.4M Sale To 9th Circ.

    The owner of a Philadelphia television station appealed to the Ninth Circuit on Thursday a California federal judge’s ruling a day prior that it must complete a $6.4 million sale to a buyer who accused it of breach of contract.

  • August 27, 2015

    Lumber Liquidators Investors Say Ex-Exec Led China Deals

    A proposed class of aggrieved investors lambasted the former chief merchandising officer of Lumber Liquidators Holdings Inc., telling a Virginia federal court Wednesday that the former executive was directly responsible for acquiring illegally sourced wood from China and should therefore not be dismissed from a securities fraud lawsuit against the company.

  • August 27, 2015

    Drivers Say Ford Mischaracterizes Cracked Tailgate Suit

    A proposed class action accusing Ford Motor Co. of concealing and refusing to repair a tailgate defect in certain sport utility vehicles has fought back against the automaker’s bid to escape the suit, telling a California federal court that Ford is mischaracterizing the issues.

  • August 27, 2015

    AIG Likens Coventry Trio To Mafia At $2B Racketeering Trial

    Counsel for American International Group Inc. unit Lavastone Capital LLC likened the family operators of life policy seller Coventry First LLC to mobsters Wednesday at the start of a civil racketeering trial in which the insurance giant is asking for more than $2 billion in payment, damages and interest from allegedly illegal overcharges.

  • August 27, 2015

    'Fifty Shades' Publisher Must Set Aside $10M For Settlement

    A Texas state judge on Wednesday ordered an Australian woman who helped publish the popular “Fifty Shades of Grey” erotic novel to set aside $10 million on Wednesday for a Texas woman, after a jury determined earlier this year that the Texan was cheated out of her share of the book’s royalty rights.

Expert Analysis

  • Is There 'Credible Information' Of A CTIPs Violation?

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    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • 5 Tips For Beating A Bank Foreclosure

    Evan M. Rosen

    There is a common saying in the law, "widows and orphans make bad law." Apparently, we can add banks to that too. Bedrock principles of law are all being rechiseled in favor of banks. But, there are still a few issues within res judicata and the statute of limitations which are being upheld and can be applied to successfully defend a foreclosure suit, says Evan Rosen founder of Rosen Law Firm PA.

  • Where There's A 'Will' There's (Now) A Way In California

    Allonn E. Levy

    The California Supreme Court has unanimously reversed course from 50 years of precedent — confirming that wills in the state should be treated no differently than other written documents when it comes to correcting mistakes. The ruling almost certainly will create more litigation, say Ryan Cunningham and Allonn Levy of Hopkins & Carley.

  • A Few Ways To Work Around The Brulotte Rule

    Glenn Robbins

    The U.S. Supreme Court in Kimble v. Marvel Entertainment LLC recently declined to overrule the much-criticized Brulotte rule that patent royalties may not continue past a patent’s expiration. But there are strategies that enable parties to a patent license agreement to tailor compensation and appropriately allocate risks whereby compensation could still extend beyond the patent’s term, says Glenn Robbins of Spencer Fane Britt & Browne LLP.

  • FHWA Takes A Look At An Innovative Contracting Method

    Ann-Therese Schmid

    The U.S. Federal Highway Administration has issued a notice of proposed rule-making that should help to institutionalize the construction manager/general contractor method for contracting — which has been in use by the U.S. transportation industry since the early 2000s — while keeping in mind the complications of using innovative contracting on federal projects, says Ann-Therese Schmid at Nossaman LLP.

  • How To Protect IP In Energy Industry Joint Ventures

    Jennifer Roscetti

    Economically advantageous oil and gas joint ventures come with risks that originate from sharing intellectual property. One common theme of past disputes is the importance of understanding whether a change for your partner — such as forming a joint venture with a competitor or losing control of a subsidiary — means a change for you, say Jennifer Roscetti and Charles Collins-Chase of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Congress Must Come To The Defense Of Class Actions

    Lauren G. Barnes

    Without congressional action, ubiquitous binding arbitration clauses and class action bans — upheld by the U.S. Supreme Court — will continue to lead to the predictable result of both unfairness to injured consumers and a systemic failure to hold companies accountable for abusing the trust placed in them, says Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • Nondisclosure Agreements Deserve A Closer Look

    Glynna K. Christian

    Nondisclosure or confidentiality agreements are usually based on a trusty template and executed quickly with very little discussion. But in light of heightened sensitivity around confidential information as well as the recent trend toward increased scrutiny of privacy law practices, parties in an M&A transaction must think beyond the “standard” template, say Glynna Christian and Nikki Mondschein of Kaye Scholer LLP.

  • Rift Among US Courts In Enforcing Int'l Arbitration Awards

    James Berger

    Recent decisions in New York and District of Columbia federal courts appear to illustrate a developing rift between the courts over the proper procedure to follow when asked to enforce an International Center for Settlement of Investment Disputes award, say James Berger and Charlene Sun at King & Spalding LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.