Commercial Contracts

  • October 24, 2014

    Texas Justices To Mull Cities' Immunity In Power Contract Row

    The Texas Supreme Court on Friday agreed to hear a case that asks whether the Lower Colorado River Authority can sue Boerne and other Texas cities for breach of contract over their early exit from a series of wholesale power agreements or whether the cities have immunity.

  • October 24, 2014

    GTAT-Apple Deal Will Likely Survive Despite Secrecy

    GT Advanced Technologies may never offer unhappy stakeholders the answers they want about the mysterious quarrel with Apple Inc. that drove the company into Chapter 11, but they will be hard-pressed to disturb the settlement the onetime partners have reached, attorneys say.

  • October 24, 2014

    NJ Diagnostic Co. Takes Merck Licensing Row To High Court

    Medical diagnostics company Pop Test Cortisol LLC has asked the U.S. Supreme Court to review a New Jersey appellate court decision in a licensing dispute with Merck & Co., in which the state court found the parties were bound to arbitration.

  • October 24, 2014

    6th Circ. Upholds GM's Win In $3B Suit Over Saab Sale

    General Motors Co. did not interfere with the bankruptcy sale of Saab Automobile AB by issuing public statements signaling its disapproval of the deal between Dutch car maker Spyker NV and Chinese investors, the Sixth Circuit ruled Friday, upholding the dismissal of a $3 billion suit.

  • October 24, 2014

    Texas High Court Will Review Bickel & Brewer DQ Order

    The Texas Supreme Court on Friday agreed to hear Bickel & Brewer LLP’s argument that it was wrongly disqualified from representing RSR Corp. in a $60 million contract dispute with Chilean mining company Inppamet SA, in a case that could clarify boundaries for how lawyers talk to employees of opposing parties.

  • October 24, 2014

    PR Firm Sues McDonald's Over Soured Partnership

    A New Jersey-based public relations firm has sued McDonald's Corp. and a trade association for more than 600 McDonald's franchises over the allegedly bad faith termination of its marketing work for the association, which it also says owes more than $5.2 million in fees.

  • October 24, 2014

    Texas Justices Won't Review Bias Claim In $3.5M Oxbow Case

    The Texas Supreme Court on Friday let stand a $3.5 million judgment against an Oxbow Corp. unit in a dispute over a cogeneration contract, refusing to review a lower court's finding that the Porter Hedges LLP partner who arbitrated the case had not shown bias against Oxbow’s attorneys from Yetter Coleman LLP.

  • October 24, 2014

    3rd Circ. Won't Rehear Commerce Bank CEO's New Trial Bid

    The Third Circuit on Thursday refused to take a second look at its decision denying Commerce Bancorp’s former CEO a new trial in his suit seeking to claim a $17 million severance package that went unpaid after he was ousted from the bank.

  • October 24, 2014

    BMI Defeats Sly Stone Manager's Royalty Contract Claims

    A California judge on Friday rejected funk legend Sly Stone's former manager's bid to revive claims that Broadcast Music Inc. breached a royalty agreement by paying $1 million to “impostors” posing as the manager, upholding a jury's finding that BMI had no agreement with the manager.

  • October 24, 2014

    Funders Must Pay Indemnity Costs In $1.6B Excalibur Fight

    A London Commercial Court judge on Thursday ruled that third-party litigation funders are liable for $7.7 million in indemnity costs that defendants Gulf Keystone and Texas Keystone incurred in a doomed $1.6 billion lawsuit over production rights for an Iraqi oil field.

  • October 24, 2014

    US, Halliburton Fight BP's Bid To Escape Negligence Finding

    Halliburton Energy Services Inc. and the federal government on Thursday panned BP PLC’s bid to escape a finding that it was grossly negligent in the events that led to the Deepwater Horizon disaster, saying there is plenty of evidence to prove its actions were to blame in the case.

  • October 24, 2014

    Parts Supplier Must Indemnify Nissan In Tire Sensor IP Row

    A Tennessee federal judge on Thursday said Schrader Electronics Ltd. should have indemnified Nissan North America Inc. in a patent infringement row involving tire sensors developed by Schrader and installed in Nissan vehicles, but dashed the automaker's bid for $3.7 million in damages, saying the amount may be excessive.

  • October 23, 2014

    Sierra Railroad Nets Another $13M In Trade Secrets Case

    A California federal judge has awarded Sierra Railroad Co. an additional $13.1 million in punitive damages for Patriot Rail Company LLC's willful misappropriation of the company's trade secrets during failed merger discussions, bringing Sierra's total award in the case to $52.8 million, according to a Thursday opinion. 

  • October 23, 2014

    Citigroup, Argentina Gird For New Court Date In Bond Fight

    A New York federal judge has set a court date for Argentina's fight to make payments on $8.4 billion in Argentine law-governed bonds — payments whose blockage custodian Citigroup Inc. says could expose it to criminal sanctions in the South American nation.

  • October 23, 2014

    Molasses Supplier Stuck In $2M Licorice Recall Suit

    A California federal judge Wednesday refused to let a molasses supplier duck American Licorice Co.'s $2 million suit over a shipment allegedly tainted with lead, saying the candy maker had shown sufficient evidence that the supplier's 45-day notice provision in its sales contract was unreasonable.

  • October 23, 2014

    7th Circ. Shuns Review Of $180M ConAgra Blast Suit

    The Seventh Circuit on Thursday refused to rehear en banc a ruling that released ConAgra Foods Inc. from its portion of a $180 million jury verdict stemming from an explosion at an Illinois grain mill that severely burned three workers.

  • October 23, 2014

    Orbital Sciences Sues Partner For Fraud In NASA Subcontract

    Orbital Sciences Corp. has sued a subcontractor on its NASA launch contract for fraudulently using another company's proprietary information to win subcontract work and for holding key pieces of equipment “hostage” to prevent Orbital from cutting it off from future work.

  • October 23, 2014

    Teva Sues Chicago To Block Painkiller FOIA Disclosure

    Teva Pharmaceutical Industries Ltd. on Wednesday sued Chicago to block it from disclosing, pursuant to a state Freedom of Information Act request, what the drugmaker claims is confidential information obtained in the city’s far-reaching probe of the painkiller industry’s marketing practices.

  • October 23, 2014

    Top NY Court Backs EMI In Duke Ellington Royalty Suit

    New York's top appeals court on Thursday refused to revive a lawsuit filed by the heirs of Duke Ellington that claimed music publisher EMI was effectively “double-dipping” into foreign sales of the jazz legend's music.

  • October 23, 2014

    Dodd-Frank Spares TD Ameritrade Worker Suit, 3rd Circ. Told

    The Third Circuit was urged Thursday to allow an ex-TD Ameritrade Inc. worker's whistleblower suit to proceed in court under a provision of the Dodd-Frank Act allowing would-be informants to void arbitration clauses in their employment agreements.

Expert Analysis

  • Sterling Case Offers Valuable Trustee Incapacity Insight

    Shari A. Levitan

    The dispute between Donald and Shelly Sterling — resolution of which determined the control of the trust that owned the Los Angeles Clippers and whether it could be sold for a reported $2 billion — highlights the steps required for trustee removal, and raised other interesting issues as to the relevant degree of capacity required for certain actions and the time at which the measure of capacity was taken, say Shari Levitan and Stac... (continued)

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • NY Court Limits Rights Of Assignees, Indenture Trustees

    David M. Zensky

    A New York state court decision in Cortlandt St. Recovery Corp. v Hellas Telecommunications will complicate the ability of noteholders to pursue a fraudulent conveyance action — one of several reasons the decision is concerning, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Testing Texas CGL Coverage For 3rd-Party Products

    Kristin C. Cummings

    In U.S. Metals Incorporated v. Liberty Mutual Group Inc., perhaps the most significant issue to be decided by the Texas Supreme Court is whether the incorporation of a defective product into other property constitutes “physical injury” to other component parts of the property, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Export Controls And The Art Of Voluntary Disclosures

    Brett Johnson

    A person who dabbles in art is not likely to paint museum-worthy masterpieces. The same principle applies to drafting, submitting and addressing the long-term impact of voluntary disclosures. Companies should prepare well in advance for a possible export control violation, says Brett Johnson of Snell & Wilmer LLP.

  • How Hotels Can Control The Consequences Of Force Majeure

    Andrew P. B. MacGeoch

    Force majeure clauses in hotel management agreements may be regarded by some as boring boilerplate provisions. Yet, in the aftermath of a significant event — which could range from heightened political tension as in Hong Kong to the rapid spread of viruses such as Ebola — it can become key to the operation of the whole agreement, say Andrew MacGeoch and Emily Wong of Mayer Brown LLP.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • Who Runs My Joint Venture?

    Sean A. Bryan

    It is common for investment funds and other entities, whether in the form of a limited liability company or limited partnership, to have boards of advisers or otherwise provide for consultation with nonmanaging equity owners. The partnership or operating agreement should be explicit in granting authority, if any, or disclaiming authority, as is more customary, says Sean Bryan of Akin Gump Strauss Hauer & Feld LLP.