Commercial Contracts

  • September 22, 2014

    Liner Nabs Real Estate Expert From McKenna Long In LA

    Liner LLP has enlisted a commercial and real estate litigator from McKenna Long & Aldridge LLP with experience handling breach of contract cases and appellate matters to reinforce its Los Angeles office, the firm announced Monday.

  • September 22, 2014

    BNY Mellon Resists $539M Argentina Bond Payments

    The Bank of New York Mellon Corp. asked a New York federal judge on Monday to prevent a group of creditors from tapping into the $539 million in Argentina bond payments to satisfy money judgments against the republic, arguing it should continue maintaining control of the funds.

  • September 22, 2014

    Gursky Ragan Fires Back In Homeowners' Contract Row

    Florida law firm Gursky Ragan PA fired back Thursday in a dispute over a contract to pursue open accounts for the nation's largest homeowners association, with a suit claiming it is owed more than $200,000 and was wrongly blocked from completing more than $1.2 million of work.

  • September 22, 2014

    NJ Firm Sued By Ex-Name Partner In Bitter Contract Row

    A one-time name partner of Reiseman Rosenberg Jacobs & Heller PC has launched a breach-of-contract suit in New Jersey against the law firm for allegedly breaching a buyout agreement after he was forced to quit because of intolerable conditions.

  • September 22, 2014

    Oracle, Myriad Resolve Java Software Licensing Dispute

    Oracle America Inc. and Swiss mobile software company Myriad Group AG said Monday they had settled their nearly four-year intellectual property and unfair competition dispute over Java technology, more than a year after the Ninth Circuit ruled that an arbitrator should decide whether Myriad could force arbitration.

  • September 22, 2014

    Pa. Judge Strips Claims From $42M Pipeline Damages Suit

    A Pennsylvania federal judge on Monday struck a series of quasi-contractual claims from an oilfield and pipeline company’s $42 million suit against Access Midstream Partners LP and Chesapeake Energy Co., but he allowed a fraud claim and a request for punitive damages against Access to advance.

  • September 22, 2014

    Lehman Gives $350M Claim In UK Office Building Deal

    Lehman Brothers Holdings Inc. will hand a $350 million bankruptcy claim to its U.K. landlord and the Canary Wharf management company to settle a dispute stemming from Lehman’s broken lease for its Bank Street offices in London, according to a New York bankruptcy court filing Monday.

  • September 22, 2014

    EEOC Takes Aim At Applebee's Franchisee's Arbitration Pact

    The U.S. Equal Employment Opportunity Commission has sued a large Applebee's and Panera Bread restaurant franchisee, alleging in Florida federal court the company required employees to sign an arbitration agreement that restricted their rights to pursue claims of discrimination. 

  • September 22, 2014

    Thompson & Knight Avoids $960K Malpractice Judgment

    A Texas appeals court on Friday denied a former Thompson & Knight LLP client’s request to revive a $960,000 malpractice judgment won against the firm after an oil and gas title dispute, leaving intact a ruling that held there was insufficient evidence to support the award.

  • September 22, 2014

    5th Circ. Asks Texas Justices To Clarify Insurance Terms

    The Fifth Circuit asked the Texas Supreme Court on Friday for help in determining if commonly used terms in commercial general liability policies are ambiguous under state law in U.S. Metals Inc.’s suit seeking coverage for a $6.3 million settlement with Exxon Inc. over defective refinery equipment. 

  • September 22, 2014

    Union Reps Stiffed United Pilots In Deal, 7th Circ. Told

    Two United Airlines Inc. pilots on Monday urged the Seventh Circuit to revive their proposed class action alleging they were shortchanged on pay in a union pact following United’s 2010 merger with Continental Airlines, arguing their own union representatives had discriminated against them.

  • September 22, 2014

    Accenture, Wellogix Settle $22M Fee Fight In Secrets Row

    A Texas federal judge on Thursday approved a settlement between consulting giant Accenture LLP and software maker Wellogix Inc. in a dispute over whether Accenture should be required to pay another $22 million in attorneys’ fees on top of a now-affirmed $44.4 million trade secrets theft verdict.

  • September 19, 2014

    Developer Can't Slip Shell's $40M Suit Over Property Cleanup

    A California judge on Friday refused to toss Shell Oil Co.'s suit alleging a developer owned by Dole Food Co. Inc. is liable for $40 million in cleanup costs for land it bought  from Shell decades ago, saying more evidence is needed to parse the contract at issue.

  • September 19, 2014

    Gazprom Wants $1.3B Trade Secrets Suit In Federal Court

    Russian gas giant OAO Gazprom said Friday that a $1.3 billion trade secrets suit being pursued by Moncrief Oil International Inc. belongs in Texas federal court because the dispute is subject to a foreign arbitration agreement governing a failed Siberian gas field deal.

  • September 19, 2014

    Frito-Lay Stole Plastic Packaging Designs, Manufacturer Says

    An Illinois packaging manufacturer on Thursday accused Frito-Lay Inc. of using its proprietary designs for flexible, resealable plastic cubes and passing them off as Frito-Lay’s own, hitting the snack food giant with a federal trade secrets misappropriation suit.

  • September 19, 2014

    Al Jazeera Hits Gore With Counterclaims In $65M Escrow Fight

    Al Jazeera America Holdings I Inc. on Thursday hit Al Gore and his Current TV co-founder with counterclaims in their Delaware Chancery Court suit over Al Jazeera's purchase of the failed cable network, saying they aren't entitled to $65 million held in escrow.

  • September 19, 2014

    Notes' Assignee Can't Sue Over Telecom Collapse, Judge Says

    A New York judge on Wednesday dismissed claims brought by an assignee of notes for defunct Hellas Telecommunications Sarl from suits seeking to recover €102 million ($131 million) pocketed by two private equity firms while allegedly driving the telecom into insolvency, finding the assignee lacks standing.

  • September 19, 2014

    Starbucks Chair Suit Revived By Calif. Appeals Court

    A California state appeals court has revived a warranty lawsuit brought by Starbucks Corp. against Outdoor Lifestyle Inc. over allegedly defective chairs purchased by the coffee giant, saying Starbucks’ interpretation of the underlying forum selection clause in the warranty agreement is correct.

  • September 19, 2014

    American Airlines Blames Port Authority For Damaged Hangar

    American Airlines Inc. on Thursday slapped the Port Authority of New York and New Jersey with a breach-of-contract suit in New Jersey federal court, claiming the authority’s negligence in maintaining fire suppression systems at LaGuardia Airport resulted in flooding damage to an American Airlines hangar.

  • September 19, 2014

    Morgan Stanley Can't Boot $32M Securities Suit Out Of NY

    A New York judge has refused Morgan Stanley's bid to dismiss on jurisdictional grounds a lawsuit alleging it sold a Singaporean financial services corporation $72 million worth of doomed securities and profited off their failure, ruling that the case has sufficient ties to the state.

Expert Analysis

  • Taking Stock Of The Legal Cloud: Opportunities And Pitfalls

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • NM High Court Jeopardizes Standard Royalty Agreements

    Mark S. Barron

    The troubling logic of the New Mexico Supreme Court's decision in First Baptist Church of Roswell v. Yates Petroleum Corp. suggests that the court's reading of the Oil and Gas Proceeds Act may not be limited to the provision requiring interest payments on monies in suspense, says Mark Barron of Baker & Hostetler LLP.

  • In 7th Circ., Parties Are Held To The Terms Of A Bargain

    Stephen M. Proctor

    In the recent case of Southern Financial Group LLC v. McFarland State Bank involving a purchase of distressed loans secured by 19 real properties, the Seventh Circuit took advantage of a "straightforward case" to display its freedom of contract philosophy, particularly for sophisticated commercial parties that are expected to know what they are getting into, says Stephen Proctor of Masuda Funai Eifert & Mitchell Ltd.

  • The Emergence Of P2P Loan Securitizations

    John Timperio

    As more peer-to-peer commercial loan securitization transactions take place, the banks, bondholders and rating agencies involved will likely begin to expect more standardization of the loans themselves, as well as metrics for assessing risk on individual loans that are more quantifiable, standard and transparent, say John Timperio and Mary Bear of Dechert LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Momentive Ruling Part 4: Clarifying Make-Wholes

    Jessica Liou

    Judge Robert Drain’s ruling in Momentive Performance Materials provides yet another stake in the ground that telegraphs to creditors that their underlying contracts need to be more explicit regarding when they are entitled to a make-whole claim, says Jessica Liou of Weil Gotshal & Manges LLP.

  • 4 Hot Issues In 3rd-Party Due Diligence

    Michael Volkov

    Lawyers who deal with anti-corruption risks and third parties have passed around standard clauses they like to use in their agent and distributor contracts. But taking a more creative approach to contract drafting is an important way to minimize risk, says Michael Volkov of The Volkov Law Group LLC.

  • Takeaways For Texas Contractors Post-Barzoukas

    Pierre Grosdidier

    Taken together, Barzoukas v. Foundation Design Ltd. and two prior Texas cases on the economic loss rule suggest that establishing an owner as subcontract third-party beneficiary might be a possible line of defense for a subcontractor that invokes the rule when trying to shield itself from owner negligence claims, say Pierre Grosdidier and Mike Stewart of Haynes and Boone LLP.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.