Commercial Contracts

  • October 21, 2016

    Ex-Blue Shield Exec Can't Ditch Suit Over Revealed Secrets

    A California judge ruled Friday that a former Blue Shield of California executive accused of divulging confidential records while publicizing the company's alleged abuses of its nonprofit status doesn't have an automatic First Amendment right to escape his former employer's breach of contract suit.

  • October 21, 2016

    Fla. Farm's Contaminated Crop Negligence Suit Kept Alive

    A Florida federal judge on Friday decided to allow a farm’s negligence claim against the supplier of a soil fumigant it contends provided defective application tanks that led to excessive weed growth, denying the supplier’s argument that the claim was barred.

  • October 21, 2016

    Texas Justices Won't Take Up Bass Family Oil Lease Fight

    The Texas Supreme Court declined Friday to grant review to several oil and gas companies who argued that when Chesapeake Exploration farmed out oil and gas operations on specific leases, including one owned by the billionaire Bass family, the leases expired, leaving intact a ruling that Chesapeake had the right to transfer the operations.

  • October 21, 2016

    American Empire Says NYC Co-Op Damage Not Covered

    American Empire Surplus Lines Insurance Company told a New York federal court on Friday it’s not obligated to cover a scaffolding business for claims it performed bad repairs on a Central Park co-op building, saying that kind of property damage is excluded under Nova Restoration Inc.’s commercial general liability insurance policy.

  • October 21, 2016

    Coal Lease Includes Methane Rights, Pa. Court Rules

    A Pennsylvania appeals court in a published decision on Thursday found that a lease giving a company rights to mine coal necessarily allowed for the sale of the resources as well, preventing the property owner from seeking additional payment for methane extracted from the coal.

  • October 21, 2016

    TSI Seeks Reversal Of $5M Trade Secrets Verdict

    Measuring instrument company TSI Inc. wants a Washington federal judge to overturn and dismiss a $5.1 million jury verdict against it that found the former A.H. Lundberg Associates Inc. customer hired away a vital Lundberg employee and stole secret wood-drying technology, saying on Thursday that there is no evidence pointing to legally protectable trade secrets.

  • October 21, 2016

    GoPro Urges Confirmation Of $1M Award Against Distributor

    GoPro urged a California federal court Thursday to confirm a $1.31 million final arbitration award reached by the International Chamber of Commerce against a former distributor in Colombia, arguing both parties fully participated in the proceedings, leaving nothing to stand in the way of confirmation.

  • October 21, 2016

    Novatrax Can't Pull Some Defendants Out Of Arbitration

    Officers of a German company who hadn’t signed a sales agreement with Novatrax International Inc. that contained an arbitration clause should nevertheless be included in arbitration in Germany instead of litigation in Canada over a contract dispute, the Ontario Court of Appeal ruled Thursday.

  • October 21, 2016

    Texas Justices Take Andrews Kurth Malpractice Suit

    The Texas Supreme Court on Friday granted review in a case alleging Andrews Kurth LLP lawyers drafted a faulty health care investment agreement and flubbed subsequent litigation, with former clients arguing their claims were wrongly dismissed.

  • October 21, 2016

    FERC Mulls Changes To Oil Pipeline Rate Cap Reviews

    The Federal Energy Regulatory Commission on Thursday said it would consider changes to how it evaluates changes to an index it uses to set annual caps for oil pipeline rate increases, in order to better ensure that transportation rates charged by pipeline operators are just and reasonable.

  • October 21, 2016

    Travel Agency Seeks Quick Win In Super Bowl Rooms Suit

    Travel agency JCD Inc. asked a Texas federal court for summary judgment against Marriott Hotel Services Inc. on Thursday, saying there is “no genuine issue” of material fact in its breach of contract suit over the parties' agreement that promised rooms to JCD during the 2017 Super Bowl in Houston.

  • October 20, 2016

    Title Insurance Co. Seeks Sanctions In Coverage Row

    Fidelity National Title Insurance Co. asked a Pennsylvania federal judge Thursday to sanction Maxum Indemnity Co. for failing to comply with orders to produce discovery documents in a suit accusing the insurer of breaching an agreement to indemnify a title insurance agent that mismanaged funds connected to Fidelity insurance policies.

  • October 20, 2016

    NYC 'Golden Girls' Puppet Show A Ripoff, Alleges Aussie

    An Off-Broadway puppet parody of popular 1980s sitcom "The Golden Girls" has spurred a New York state lawsuit by the creator of a near-identical show that debuted in Australia in 2013, who is alleging the New York production is a ripoff.

  • October 20, 2016

    Nixon Peabody Asks Calif. Appeals Court To Scrap Sanctions

    Nixon Peabody LLP told a California appeals court on Thursday it shouldn't have to pay attorneys’ fees to an imprisoned former partner as a sanction for unsuccessfully appealing a ruling in the ex-partner's contract suit, arguing the the appellate court never said the earlier appeal was frivolous.

  • October 20, 2016

    NY Court Sides With Developers In Atlantic Yards Bond Row

    A split New York state appellate court on Thursday cleared the initial developer of a $117 million Brooklyn project of allegations it violated state lien statutes when it failed to post a bond to secure the project.

  • October 20, 2016

    17 State AGs Back High Court Challenge To Atty Fees

    A coalition of 17 state attorneys general urged the U.S. Supreme Court on Wednesday to hear a settlement dispute in a consumer class action, arguing that a Sixth Circuit decision opens the door for collusion between class counsel and defendants.

  • October 20, 2016

    Apartment Builder ICI Says Texas Complex Owes $4.6M

    Texas-based ICI Construction Inc. filed suit in state court Wednesday alleging it's owed at least $4.6 million from the owners of a 326-unit apartment complex it was contracted to build, claiming they have refused to make payments in breach of the parties' contract.

  • October 20, 2016

    Consulting Biz Says Rival Poached Dozens Of Workers

    Corporate consulting firm FTI LLC has slapped competitor Berkeley Research Group with a suit in Massachusetts court over the alleged exodus of three dozen of FTI's best employees and purported trade secrets theft.

  • October 20, 2016

    Netflix Takes Aim At Fox Contracts In Exec Poaching Suit

    Netflix, fresh off a recent lawsuit accusing it of poaching Twentieth Century Fox executives, went on the offensive Wednesday in California state court, accusing the studio in a cross-complaint of bullying workers to sign unlawful fixed-term employment agreements that create an “involuntary servitude.”

  • October 20, 2016

    AT&T Tells Texas Court To Drop ERISA Insurance Dispute

    AT&T on Wednesday told a federal judge in Texas to dismiss a complaint brought by RedOak Hospital LLC alleging that it violated the Employee Retirement Income Security Act, because the “elaborate scheme” it alleges exists — whereby the hospital was stiffed on patient bills — is nothing more than an accounting dispute. 

Expert Analysis

  • 'Production Sharing Agreement' Wells: Pros And Cons

    Andrew Zeve

    Production sharing agreement wells and allocation wells present workable alternatives to pooling the tracts needed to drill a horizontal well, but are not without risk, and will often create additional issues that should be considered in planning for the future development of an oil or gas operator’s underlying leasehold position, say Andrew Zeve, Austin Lee and Jonathan Seliger of Bracewell LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • 100 Days Of Cayman Islands Limited Liability Companies

    Tim Buckley

    Although a new form of entity under Cayman Islands law, the Cayman Islands LLC is familiar in form to U.S. lawyers and industry participants; Cayman Islands LLCs operate in an almost identical way to Delaware LLCs, say Tim Buckley and Andrew Barker of Walkers Global.

  • DTSA's Reach Extended To Continuing Misappropriation

    Casey Griffith

    Recent federal court decisions in Adams Arms and TriZetto support the interpretation that any post-Defend Trade Secrets Act misappropriation — including continued misappropriation commenced prior to DTSA enactment — is subject to the DTSA. Consequently, trade secret claimants may have even easier access to federal court than previously thought, say Casey Griffith and Michael Barbee of Griffith Bates Champion Harper LLP.

  • Re-Examining Fair Consideration For Restrictive Covenants

    Peter A. Steinmeyer

    In Reed v. Getco an Illinois appeals court recently ruled that Getco could not waive an employee's noncompete period in order to avoid paying him for a post-employment noncompetition period. In the last few years courts in multiple states have considered similar disputes and in light of this judicial climate employers have been exploring the meaning of “consideration” in the noncompete context, says Peter Steinmeyer of Epstein Becker & Green PC.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • 5 Must-Ask Questions In Trucking Accident Cases

    Adam Leighton

    Commercial trucking accident cases can be incredibly complex to litigate. Critical areas that must be examined in order to protect the plaintiff’s interest include black box data recorders, U.S. Department of Transportation inquiries, and more, say Adam Leighton and Nicole Schneider of Cohen & Cohen PC.

  • Are Class Actions Returning From The Verge Of Extinction?

    Joshua D. Cohen

    The Ninth Circuit recently held in Morris v. Ernst & Young that employment contracts that require employees to waive their rights to bring class actions violate the National Labor Relations Act, and are therefore unenforceable. The Ninth Circuit’s decision and a similar Seventh Circuit decision may provide a potential road map to significantly reduce the widespread use of class action waivers, says Joshua Cohen of Wendel Rosen Black & Dean LLP.

  • Whose Line, Drawing Or Plan Is It Anyway?: Part 2

    Amy Goldsmith

    The most commonly used forms of owner-architect agreements are from the American Institute of Architects. The terms are generally favorable to the architect, but regardless of the form used, if the owner wants to acquire certain rights — either a license to use the instruments of service or an outright copyright assignment — they should be addressed in the agreement, say attorneys with Tarter Krinsky & Drogin LLP.