Commercial Contracts RSS

  • April 15, 2014

    AT&T Unit Sues Mich. Commissioners Over Network Ruling

    AT&T's Michigan subsidiary sued the Michigan Public Service Commission on Tuesday in federal court, claiming certain parts of the commission's decision regarding Sprint Spectrum LP's use of its network violate federal law.

  • April 15, 2014

    Sheppard Mullin To Auction Delinquent Ex-Client's Patents

    A California judge on Tuesday approved Sheppard Mullin Richter & Hampton LLP's plan to auction off patents owned by ex-client Bluways Inc., which had failed to pay the firm $884,978 in fees per an agreement, acknowledging that the law firm hasn't found likely buyers and might have to purchase the patents itself.

  • April 15, 2014

    MBIA's $1B Houston Sports Venue Bond Suit Revived

    A Texas appeals court on Tuesday partially revived a suit MBIA Inc. subsidiaries filed against Harris County for allegedly making improper insurance claims to service $1 billion in construction debt on Houston's sports venues, saying a county entity contractually waived its immunity.

  • April 15, 2014

    The Great Persuader: 7th Circ. Chief Judge Diane Wood

    Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.

  • April 15, 2014

    Calif. CPA Accused Of Falsifying Tax Returns On $28M Sale

    Retired auto dealer James Pflueger has filed a civil lawsuit in Hawaii federal court against a Los Angeles-based accountant who is accused of falsifying tax returns to conceal income made off the $27.5 million sale of an investment property Pflueger owned in San Diego.

  • April 15, 2014

    Fla. Hotel Developers Can't Duck Suit Over $12M Investment

    A Florida federal judge on Tuesday pared some claims from two Middle Eastern companies' suit alleging they were fraudulently induced into investing $6 million apiece in a purported hotel project, but he allowed the case to proceed mostly intact against the father-son developer defendants.

  • April 15, 2014

    Foley & Lardner Beats Malpractice Suit In 11th Circ.

    The Eleventh Circuit on Tuesday upheld the dismissal of a suit brought by fuel wholesaler Gowen Oil Co. accusing Foley & Lardner LLP of malpractice and fraud over allegedly botched paperwork, ruling Gowen lacked evidence for its claims and that the suit was untimely.

  • April 15, 2014

    Pa. Law On Forced Pooling Of Oil Leases Is Constitutional

    A Pennsylvania judge has upheld the constitutionality of a controversial new law that allows energy companies to forcibly pool oil and gas leases, ruling that EQT Corp. could engage in horizontal drilling on a set of 16 leases in Allegheny County.

  • April 15, 2014

    Judge Limits Attys' Fees In $53M IPhone Deal To 25%

    A California federal judge on Monday slashed the attorneys' fees requested in a $53 million settlement to a class action alleging that Apple Inc. wrongfully refused warranty coverage on iPhones and iPods, saying the plaintiffs’ attorneys hadn’t shown they deserved more.

  • April 15, 2014

    Miami Firm Strikes Back Against Canon's $3M Malpractice Suit

    A Miami law firm has said in a counterclaim filed to a $3 million legal malpractice suit brought by Canon Latin America Inc. that the electronics company failed to heed its advice and owes it more than $140,000 in unpaid legal fees.

  • April 15, 2014

    11th Circ. Affirms Chartis Win In Junk Fax Coverage Row

    The Eleventh Circuit on Tuesday affirmed a lower court's decision that Chartis Specialty Insurance Co. was not required to defend a Florida maintenance and repair parts company against allegations that it violated the law through a “junk fax” campaign.

  • April 14, 2014

    Airline Seeks To Repossess Engines From Low-Gravity Jet

    A cargo airline launched a suit in Texas state court Monday to repossess engines attached to a Boeing 727 aircraft used in low-gravity flights for tourists and NASA, saying the plane’s owner refuses to sign a lease extension or assume liability in the event of an accident.

  • April 14, 2014

    Texas Monthly Sues New York Times For Poaching Top Editor

    The publisher of Texas Monthly magazine launched a suit in Texas state court Friday alleging the New York Times Co. induced its former editor to breach his employment agreement while recruiting him to helm the New York Times Magazine.

  • April 14, 2014

    Law Firms Feud Over Atty Fees From Coventry ERISA Action

    Johnson & Weaver LLP accused law firms Harwood Feffer LLP and Gainey McKenna & Egleston in New York court on Thursday of breaching a fee-splitting agreement in a consolidated class action against Coventry Health Care Inc. over its retirement fund investments.

  • April 14, 2014

    Lender Seeks $1.4M In Suit Over NJ Corporate Park

    A lender sued Windsor Acquisitions LLC and two loan guarantors in New Jersey state court last week for more than $1.35 million, alleging the company diverted rents from a corporate park outside Trenton to a management company while in default of its $30.85 million mortgage.

  • April 14, 2014

    Verizon Says Ex-Worker Waived Right To Bring Class Action

    Verizon California Inc. on Monday urged a California judge to toss a class action alleging the company issued inaccurate wage statements, saying the former employee who filed the suit waived his right to sue the company in a settlement of a separate discrimination suit.

  • April 14, 2014

    In AIG Row, 6th Circ. Draws Hard Line On Halting Arbitration

    The Sixth Circuit last week quashed an unusual ruling that froze an ongoing reinsurance arbitration between Meadowbrook Insurance Group members and an American International Group Inc. unit, sending a clear signal that courts should not interrupt arbitration proceedings even under exceptional circumstances.

  • April 14, 2014

    Custodian Bank Not Forced To Police Transactions: 11th Circ.

    An Eleventh Circuit panel on Monday rejected a State Street Bank and Trust customer’s attempts to sue the bank for allowing his investment adviser to buy $1 million in worthless securities, ruling that the bank had no duty to oversee the adviser’s conduct. 

  • April 14, 2014

    Pepper Hamilton, Union Leader To Mediate Contract Fight

    Philadelphia union boss John Dougherty and Pepper Hamilton LLP said in a Thursday filing that they will pursue mediation in Dougherty's suit alleging his former lawyers at the firm leaked information about him to reporters, asking a judge to delay discovery deadlines.

  • April 14, 2014

    IBM's Software IP Dispute With BGC Headed To Mediation

    IBM Corp. and securities brokerage BGC Partners Inc. will attempt mediation after a federal judge last year slashed most of IBM's $107 million claim in a copyright infringement dispute, attorneys for both sides said at a Monday status conference.

Expert Analysis

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Consequential Damages Clause At Heart Of $100M Dispute

    Rick Robinson

    In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.

  • EU Sanctions May Criminalize Some US Business Activity

    Peter McMaster

    Given the extra-territorial character of the European Union's new financial sanctions against targeted Russians and Ukrainians, a person can aid and abet the commission of an offense by taking steps whose only effect is to facilitate a transaction. This places law firms, investment businesses and others engaged in international transactions at risk of accessory liability through their everyday work, says Peter McMaster of Appleby Global Group Services Ltd.

  • India Is Moving In Right Direction On Int'l Arbitration

    Talat Ansari

    A 2012 Indian Supreme Court decision effectively reversed the trend of Indian courts’ judicial intervention in international arbitrations. A spate of judgments since then makes it apparent that Indian courts are adopting a less interfering role and are willing to enforce arbitration agreements between parties in accordance with the UNCITRAL model law and the New York Convention, say Talat Ansari and Ila Kapoor of Kelley Drye LLP.

  • Licensee Estoppel: Practical Considerations

     Margaret Sampson

    Are contractual agreements by patent licensees not to challenge the validity of a licensed patent enforceable? Despite the regularity with which patentees confront this question, the answer is surprisingly unclear, say Margaret Sampson, Ajeet Pai and Jeff Gritton of Vinson & Elkins LLP.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.

  • Tenants And Marijuana — Time To Revisit The Boilerplate

    Nadya N. Makenko

    What happens if an entity or person, permitted under applicable state law to engage in the cultivation, distribution or possession of marijuana, is leasing space in a building for such purposes? This scenario sheds a completely different light on some “boilerplate” lease provisions, such as compliance with all laws, because clearly, the tenant’s use will not comply with federal law, says Nadya Makenko of K&L Gates LLP.

  • FERC Clarifies Proceedings For Energy Carriers

    Albert S. Tablor Jr.

    The Federal Energy Regulatory Commission's recent rejection of a bid by Colonial Pipeline Co. should put to rest the debate among those who see regulatory differences between the duties of common carrier and contract carriers of pipelines. The line FERC has drawn between existing facilities and new construction provides some clarity to declaratory order proceedings in which nontraditional rate structures are sought for liquids pipelines, says Albert Tabor of Caldwell Boudreaux Lefler PLLC.

  • Ill.'s Limited Liability Is Unlimited

    Joseph R. Marconi

    In a case of first impression, the Illinois Court of Appeals' First District in Dass v. Yale issued an opinion confirming immunity from liability arising from fraud under the Illinois Limited Liability Company Act. Lawyers advising their clients on the formation of LLCs should be cognizant of this advantage — forming an LLC under the laws of states which have adopted the Uniform Limited Liability Company Act may be grounds for a later malpractice claim if the client is subjected to personal liability for fraud-related acts, says Joseph Marconi of Johnson & Bell Ltd.