Commercial Contracts

  • July 2, 2015

    3rd Circ. Says Bracewell Can Arbitrate Pa. Malpractice Suit

    The Third Circuit on Thursday ruled that a former client of Bracewell & Guiliani LLP suing the firm for malpractice is bound by equitable estoppel principles to arbitrate her claims even though she didn't sign a written engagement agreement, reversing an order granting her a trial to determine that very issue.

  • July 2, 2015

    CoreLogic Says Zurich's Bond Renewal Snafu Cost It $14M

    Data broker CoreLogic Inc. sued Zurich American Insurance Co. in California federal court Friday, claiming that the insurer's failure to ensure the renewal of a subsidiary's surety bond caused the unit's Utah appraisal management license to be temporarily suspended, costing CoreLogic more than $14 million in lost profits and value.

  • July 2, 2015

    Wolf Hollow Denied El Paso Marketing Contract Damages

    Wolf Hollow I LP cannot recover damages from a contract dispute with El Paso Marketing LP over the supply of natural gas to an electric generation facility in Texas, a Houston appeals court ruled Thursday.

  • July 2, 2015

    Fla. Jury Clears IP Firm Of Malpractice In Legal Fees Flap

    A Florida federal jury on Thursday found in favor of intellectual property firm Stein Law PC on malpractice charges brought by a medical supply company, but rejected a series of counterclaims the firm brought related to alleged contract breaches.

  • July 2, 2015

    Ex-NBA Head Coach Stiffed Talent Agency, Suit Says

    The former head coach for the National Basketball Association's Charlotte, North Carolina, team failed to pay a Creative Artists Agency affiliate $100,000 in commission for managing his career, the agency alleged in a recent New York state court complaint.

  • July 2, 2015

    Travelers Gets Claim Axed In U. Of Iowa Project Fight

    An Iowa magistrate judge ruled Thursday that Travelers Indemnity Co. didn't have to defend a construction subcontractor against the University of Iowa's claim that the subcontractor's faulty work caused it to temporarily lose the use of chilled water pipes, holding that a policy exclusion applies to bar coverage.

  • July 2, 2015

    Android User Moves To Combine Google Privacy Class Actions

    An Android user whose case was found to be different from another class action accusing Google Inc. of providing personal information to app developers without permission told a California federal judge on Wednesday that the cases are now aligned and should be related.

  • July 2, 2015

    8th Circ. Says Nissan Dealer Spat Belongs In State Court

    A panel of three Eighth Circuit judges said Thursday that a lower court properly threw out Nissan North America Inc.’s lawsuit against one of its dealerships because the tiff over the automaker’s decision to open up a second dealership nearby the defendant is already being litigated in state court.

  • July 1, 2015

    Dreier Trustee Settles With Diamond McCarthy In Fee Row

    Former Diamond McCarthy LLP attorney Sheila M. Gowan settled a dispute in Texas state court with her former firm over $1.4 million in fees she generated as Dreier LLP's Chapter 11 trustee, Gowan confirmed on Wednesday.

  • July 1, 2015

    Straub Sues Stockton University Over Showboat Dispute

    As the clock ticks toward the would-be $26 million sale of shuttered Showboat Atlantic City, embattled casino buyer Glenn Straub has taken seller Stockton University to state court over confusion on whether the boardwalk property can operate as a casino.

  • July 1, 2015

    Class Action Over Failed $2.5B Cooper-Apollo Tie-Up Tossed

    A Delaware federal judge tossed a putative class action surrounding the failed $2.5 billion merger between Cooper Tire & Rubber Co. and Apollo Tyres Ltd. in 2013, ruling Wednesday that suing shareholders hadn’t shown Cooper made false statements about the deal or knowingly engaged in wrongdoing.

  • July 1, 2015

    Capital One Sued For Quitting Taxi Venture, Backing Uber

    Capital One NA was hit with a lawsuit in the Supreme Court of New York Tuesday claiming that the bank abandoned an $80 million credit facility partnership with Transit Funding Associates LLC, which loans money to Chicagoans seeking taxi medallions, so it could partner with ride-hailing titan Uber.

  • July 1, 2015

    Towns Needn't Cover Officials' Legal Fees: NJ Appeals Court

    A southern New Jersey town emerged the winner in an appeals decision that cleared it of an obligation to pay legal fees incurred by its former deputy mayor, siding with a lower court's ruling that no state or common law compels municipalities to cover litigation expenses for officials.

  • July 1, 2015

    Toyota, Nissan, Honda Blazing Path For Fuel Cell Vehicles

    Toyota Motor Corp., Nissan Motor Co. Ltd. and Honda Motor Co. Ltd. said Wednesday they have agreed on the details of a plan to build hydrogen fueling stations in Japan as the companies look to steer the global automotive market toward fuel cell vehicles.

  • July 1, 2015

    Philly Landowner Sued For Alleged Changes On $18M Sale

    Developer Bart Blatstein sued the owner of a Philadelphia site where he has been linked to a major retail and residential complex in state court on Tuesday, contending that it improperly moved up the closing date on an $18 million sale of the property.

  • July 1, 2015

    Fort Worth Pulls Opposition To Chesapeake Royalty MDL

    Less than a month after asking the Texas Supreme Court to remove it from multidistrict litigation in a royalty suit against Chesapeake Energy Corp. over oil and gas proceeds, the City of Fort Worth withdrew its petition Tuesday.

  • July 1, 2015

    Macy's Ditches Trump After Mexican Immigrant Remarks

    Macy’s Inc. on Wednesday became the latest company to shun products associated with Donald Trump, pulling his menswear collection from its stores after the real estate mogul and presidential hopeful said Mexican immigrants bring drugs and crime to the U.S. and are “rapists.”

  • July 1, 2015

    Android Users Fight To Keep Expert In Google Privacy Row

    Android users claiming that Google Inc. handed their personal information to app developers without permission urged a California federal judge on Tuesday to deny the Internet behemoth’s bid to oust their expert’s testimony, saying that it’s up to a jury to decide whether to accept the expert’s opinion.

  • July 1, 2015

    Starbucks Wins Discovery Bid In Tainted Ham Row

    A federal judge in New Jersey on Tuesday partially granted Starbucks Corp.’s request to compel the production of a settlement agreement between the three suppliers behind tainted ham sandwiches that the coffee giant was forced to pull from its shelves in 2010 and is suing over.

  • June 30, 2015

    Kramer Levin Escapes Sanctions In CEO Row

    A New York state appeals court on Tuesday tossed sanctions issued against Kramer Levin Naftalis & Frankel LLP for allegedly not acting quickly enough to correct a defective complaint in two co-CEOs' battle over a translation services company's payroll system.

Expert Analysis

  • Avoiding Compliance Red Cards After FIFA Scandal

    Jeff Severson

    Sports marketing companies were central to the criminal conduct described in the FIFA indictment, which raises issues about how both sports marketing companies and sponsors can avoid being taken advantage of and steer clear of entering into contracts with organizations that engage in bribery and corruption, say attorneys with Crowell & Moring LLP.

  • Utah Appeals Court Upholds Construction Statute Of Repose

    Adam T. Mow

    Willis v. DeWitt is a substantial victory for design professionals and contractors working in Utah as it provides certainty on when contract-based claims against them can be made and means that potential plaintiffs cannot rely on their own ignorance to extend the period for bringing a claim, says Adam Mow at Jones Waldo Holbrook & McDonough PC.

  • SEC's Warning — Fund Trustees Are Fair Game

    Jay G. Baris

    A recent U.S. Securities and Exchange Commission proceeding against a fund adviser, two independent trustees and an inside trustee reveals the SEC’s focus on the advisory contract renewal process. It is entering the boardroom and scrutinizing in great detail not only the information provided to fund trustees, but also how the trustees evaluate that information, says Jay Baris, chairman of Morrison & Foerster LLP's investment management practice.

  • Franchising And The Internet: New Challenges In The EU

    Mark Abell

    Regardless of the European Union's recent e-commerce sector inquiries and digital single market strategy, it is not uncommon in practice to find restrictions in franchise agreements on Internet sales. However it is clear that various restrictions on Internet selling are all incompatible with — and likely to infringe — competition law, says Mark Abell of Bird & Bird.

  • Hot Environmental Issues In Real Estate Transactions

    Susan P. Phillips

    Since its inception in the 1970s, environmental law with respect to real estate has evolved as our understanding of how contaminants impact human health and the environment has changed. Several areas are important to consider in property transfer or financing transactions, say Katy Ward and Susan Phillips of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Recast Brussels Regulation And EU Gazprom Decision

    Serena Cooke

    By making it clear that the Gazprom case fell to be determined by the Brussels I Regulation and without reference to the Recast Regulation, and by failing to take the opportunity to revisit West Tankers in light of the Recast Regulation, the EU Court of Justice avoided addressing the most controversial aspect of Advocate General Melchior Wathelet's opinion — and has undoubtedly created future problems for itself, say Serena Cooke a... (continued)

  • Inside New ITAR Rules For US Defense Service Providers

    Tamer A. Soliman

    The U.S. Department of State Directorate of Defense Trade Controls has released a proposed rule amending the International Traffic in Arms Regulations with respect to the provision of defense services by U.S. persons working for non-U.S. entities. U.S. employees of unaffiliated non-U.S. companies are disproportionately impacted by this proposed rule, but the rule does not provide a practical path to compliance for such companies, s... (continued)

  • Bad Reviews Could Shut Down Your Hotel Franchise

    Eugene J. Podesta

    The Second Circuit's decision to allow negative guest satisfaction surveys to be used as a basis for termination in HLT Existing Franchise Holding LLC v. Worcester Hospitality Group, makes it easier for franchisers to terminate franchise agreements and still comply with the statutory and common law requirements for good cause or good faith and fair dealing, says Eugene Podesta at Baker Donelson LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.