Commercial Contracts

  • September 30, 2016

    Texas Appeals Court Tosses Fee Fight Involving Chevron

    A missed deadline led the Texas Ninth Court of Appeals on Thursday to dismiss a lawsuit by Alexander, Dubose, Jefferson & Townsend LLP seeking a portion of sanctions and fees awarded in a lengthy underlying suit over a real estate transaction. 

  • September 30, 2016

    Trump Backs Immigration Remarks In Chef Contract Fight

    Donald Trump said his sharp words about Mexican immigrants in an early campaign speech were about “a situation that is very real,” according to video testimony released Friday in a Washington, D.C., Superior Court contract dispute with a celebrity chef who pulled out of a real estate project.

  • September 30, 2016

    Trustwave Must Face Casino Co.'s Fraud Claims In Breach Row

    Casino owner Affinity Gaming LLC can proceed on its claims that forensics firm Trustwave Holdings Inc. breached its contract and acted fraudulently by failing to properly investigate and fix issues it was hired to repair after a customer data breach, a Nevada federal judge ruled Friday, though dismissing some negligence allegations.

  • September 30, 2016

    Hospira Can’t Escape Contract Claims In GSK Vaccine Suit

    An Illinois federal judge Friday ruled that Hospira couldn’t escape claims that it breached a contract with GlaxoKlineSmith to produce a flu vaccine, although the judge threw out a claim that Hospira made money when it set aside the agreement. 

  • September 30, 2016

    Sherwin-Williams Slashes $40M Suit Over Ikea Coatings

    A Tennessee federal judge wiped out three-quarters of a $40 million suit brought by a former Ikea contractor against The Sherwin-Williams Co. over supply deals on Friday, clearing the paint-and-coatings company of acting “intentionally, fraudulently, maliciously or recklessly” while noting many facts are still disputed.

  • September 30, 2016

    Chesapeake Can't Shake Landowners' Oil Lease Class Action

    An Ohio federal judge on Thursday ruled that a Chesapeake Energy Corp. unit must face a putative class action brought by landowners claiming they were shorted on their oil and gas royalty payments, saying the case presents an issue that Ohio courts have not decided yet.

  • September 30, 2016

    Trucking Deal Fraud Claims Rightly Axed, Del. Justices Say

    The Delaware Supreme Court on Friday upheld a Chancery Court decision tossing fraud counterclaims that erupted in a layered dispute over the $200 million purchase of Kentucky-based trucking company A&R Logistics Inc., ruling that Chancellor Andre G. Bouchard correctly decided they lacked a “physical nexus” to Delaware.

  • September 30, 2016

    Chesapeake Asks 2nd Circ. To Rehear $439M Bond Case

    Chesapeake Energy Corp. on Thursday asked the Second Circuit to reconsider its refusal to undo a ruling requiring the company to pay $439 million for cashing in bonds it had issued early, arguing the panel had “entirely failed” to take equitable principles into account.

  • September 30, 2016

    NJ Panel Sinks Atty's Bid To Recoup 'Excessive' Fees

    A New Jersey appeals court on Friday refused to revive an attorney's bid to recoup more than $76,000 in allegedly unpaid fees and collection costs from a former client, ruling that the lawyer's prices were excessive.

  • September 30, 2016

    Huff Challenge To Longview Energy Shutdown Tossed In Del.

    The Huff Energy Fund LP lost a round Thursday in its long multistate battle with Longview Energy Co., when a Delaware Chancery judge tossed all of Huff’s challenges to Longview’s planned windup of the company and shutdown of stock distributions and transfers.

  • September 30, 2016

    Gas Contract Suit Belongs At FERC, Pipeline Co. Says

    Units of gas driller EQT Corp. on Friday urged a West Virginia federal judge to nix a competitor's accusations that it purposefully disrupted the transmission of its natural gas through its gathering pipelines under the guise of replacing meters, saying the dispute belongs before the Federal Energy Regulatory Commission.

  • September 30, 2016

    AT&T Loses Bid To Arbitrate Proposed TCPA Class Action

    A New York federal judge shot down AT&T Corp.’s bid to send to arbitration a proposed class action over autodialed calls, holding Friday that no reasonable person would think an arbitration clause in a consumer’s contract with an affiliate would apply to her Telephone Consumer Protection Act allegations.

  • September 30, 2016

    Republic Airways Defends $250M AA Flight-Share Breach Deal

    Bankrupt regional airline Republic Airways on Thursday in a New York court filing defended a $250 million settlement with American Airlines resolving a spat arising from alleged breaches of a flight-sharing agreement between the companies, a pact that’s been challenged by Republic Airways’ creditors.

  • September 30, 2016

    DC Atty Again Targeted For Sanctions In Chiquita MDL

    Plaintiffs’ counsel in multidistrict litigation against Chiquita Brands International over alleged payoffs to murderous Colombian paramilitary groups on Thursday again asked for sanctions against one of their attorneys for intentionally divulging the group’s work product to Chiquita, saying his pattern of improper disclosures is delaying the case.

  • September 30, 2016

    Wrigley Rooftop Owners Ask 7th Circ. To Hear Their Pitch

    A group of Wrigley Field-area rooftop owners accusing the Chicago Cubs of monopolizing game views by reneging on a deal not to obstruct stadium sightlines have appealed a recent order keeping in place a judgment that ended their suit last year, according to a document filed Friday in Illinois federal court.

  • September 30, 2016

    Judge Pauses NFL Photo Suit To Consider Reconsidering

    A New York federal judge on Thursday paused a suit alleging the National Football League and its photo agency partners forced sports photographers into a raw deal while he reconsiders a push to toss the suit’s remaining claim, according to a document filed Thursday.

  • September 30, 2016

    WorldPay Says Baker's Suit Over Processing Fees Falls Flat

    A Michigan baker’s proposed breach of contract class action accusing WorldPay US Inc. of unilaterally increasing payment processing fees should be dismissed because the contract explicitly allows WorldPay to make those changes, the company told a Georgia federal court Friday.

  • September 30, 2016

    Israeli Olympian Wins Bid To Skate for US

    Olympic figure skater Andrea “Anya” Davidovich has been granted the right to skate for the United States by the International Skating Union following a protracted legal battle where she fought to exit her relationship with the Israel Ice Skating Federation.

  • September 30, 2016

    CORRECTED: NY Appeals Court Nixes Bid To Stop Marriott Merger

    Marriott International Inc.’s $13.6 billion merger with Starwood Hotels & Resorts Inc. can proceed because monetary damages are available to the plaintiffs as a remedy for the breach of contract claim made by two hotel groups that attempted to stop the merger, a New York appellate court ruled on Tuesday. Correction: An earlier story mischaracterized the New York Supreme Court’s reason for denying Cityfront and Dream Team’s motion for a preliminary injunction to enjoin the Starwood-Marriott deal. The error has been corrected.

  • September 30, 2016

    TransPerfect Co-CEO Urges Del. High Court To Stop Sale

    The co-CEO of TransPerfect Global Inc. has urged Delaware’s Supreme Court to overturn a lower court’s order that put his legal translation company under a custodian’s control and up for sale, saying that the court wrongly intervened in a personal matter.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Should General Counsel Disclose Potential FCPA Violations?

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    When company officials discover that one of their employees or outside agents has bribed a foreign official, general counsel and upper management face an unpleasant dilemma. And recent DOJ guidance appears to complicate the situation, says John Lacey of Connell Foley LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • A Solution For Competing Foreign Insolvency Proceedings

    Laura Femino

    Uncertainty over a debtor’s home jurisdiction for purposes of insolvency proceedings — termed its “center of main interests,” or COMI — has allowed minority creditors to commence competing insolvency proceedings in foreign courts that jeopardize otherwise centralized restructurings. COMI clauses in governing indentures could create significant advantages for all stakeholders, say Laura Femino and Richard Kebrdle of White & Case LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • How To Monetize 'Internet Of Things' Data

    Thomas A. Walsh

    Because the internet of things generates a massive amount of data, conditions are currently ripe for data monetization. Businesses that wish to profit from such data should first make sure they own the rights to it before taking steps to protect their intellectual property and preserve its value, says Thomas Walsh of Ice Miller LLP.

  • Protect Yourself From Trusts And Estates Malpractice Claims

    Courtney H. Moore

    In order to create a thorough and skilled estate plan, while protecting against possible malpractice claims, an attorney must not only be familiar with complex state and federal law, but must endeavor to understand the client, the dynamics of the client's family, and the client's assets, says Courtney Moore of Chamberlain Hrdlicka.

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.

  • Will You Be Caught In The 'Wrong' Law Or Courts Post-Brexit?

    Gemma Anderson

    The reality is that, until we know what model the U.K. will adopt, the Brexit process is likely to take a long time and it is difficult to predict the impact on any area, including contracting and disputes. That said, there are practical steps that parties revisiting existing contracts or negotiating new ones can take now to better insulate themselves, says Gemma Anderson of Morrison & Foerster LLP.