Commercial Contracts

  • July 23, 2014

    CBS Lands $11M Tax Credit To Keep Colbert 'Late Show' In NY

    Gov. Andrew Cuomo and CBS Corp. Chief Executive Officer Les Moonves said Wednesday "The Late Show” will remain in New York and be eligible for $11 million in tax credits as it continues broadcasting from the Ed Sullivan Theater after Stephen Colbert takes over hosting duties from David Letterman.

  • July 23, 2014

    Sterling Witness Undercuts Claim Medical Exams Were A Trap

    An Alzheimer's researcher testifying for Donald Sterling on Wednesday undermined the billionaire's assertion that doctors who found him mentally incapable of running the Los Angeles Clippers should have told him he could lose the team if he failed their examinations, saying the stress could have lowered his test scores.

  • July 23, 2014

    Foreign RE Cos. Seeking More Control Of US Projects

    Foreign companies increasingly want more — or all — of the development work on the U.S. real estate projects they finance, but attaining such control can be tricky, given that partnering with U.S. developers is often necessary, attorneys say.

  • July 23, 2014

    Contractor Suit Over FedEx Gaffe Moved To Fed Court

    FedEx Corporate Services Inc. on Tuesday removed to federal court a Utah state court breach of contract suit over the shipping giant’s alleged failure to timely deliver a translation services company's $70 million proposal to the U.S. Department of Health and Human Services.

  • July 23, 2014

    Apotex Blocked From Continuing Generic Paxil Sales

    A New Jersey federal judge on Tuesday issued an injunction to block generic-drug manufacturer Apotex Inc. from continuing to sell generic Paxil CR in violation of rival Mylan Inc.'s exclusivity agreement with GlaxoSmithKline PLC, which was barred last week from supplying Apotex with the drug.

  • July 23, 2014

    Monster Looks To Sabotage $1.7M Beastie Boys Win

    Monster Energy Co. asked a New York federal judge Tuesday to invalidate a $1.7 million jury verdict in a copyright infringement suit brought by the Beastie Boys over unauthorized use of their songs in a Monster promotional video, claiming insufficient evidence exists to support the jury’s findings.

  • July 23, 2014

    Buyer Blasts Mercedes' Bid To Trim Faulty-Suspension Suit

    A Mercedes owner urged a Louisiana federal judge Tuesday to deny Mercedes-Benz USA LLC’s bid to trim claims in a suit alleging it installed a defective air suspension system in its GL model sport utility vehicles, despite marketing the vehicles as safe, arguing the suit shows the system contains a defect the carmaker refused to repair.

  • July 22, 2014

    Donald Sterling Sues NBA, Wife To Block $2B Clippers Sale

    Los Angeles Clippers owner Donald Sterling on Tuesday filed a fraud suit against the National Basketball Association, his team, and his wife, seeking to block the team’s $2 billion sale even as the Clippers' CEO warned of a "death spiral" of fleeing sponsors and talent if Sterling stays.

  • July 22, 2014

    US Foods Accuses Ex-Managers Of Conspiring With Rival

    US Foods Inc. on Monday sued rival Latina Boulevard Foods LLC and former employees in Illinois federal court, alleging that Latina poached US Foods managers, who shared their former employer's trade secrets and conspired to snatch away its customers.

  • July 22, 2014

    No Deal In Stryker's Suit Over $3M Scheme, Judge Says

    A Michigan federal judge on Tuesday refused to enforce an alleged settlement between Stryker Corp., Biomet Inc. and a former Stryker employee the company's contract suit accused of costing Stryker $3 million by sabotaging its ability to compete, finding no proof that a deal had been reached.

  • July 22, 2014

    John Travolta Must Face Alleged Ex-Lover's Lawsuit

    John Travolta must face a lawsuit brought against him by a man who worked for Travolta’s aircraft company approximately 30 years ago and is insisting he isn’t barred by confidentiality agreements from discussing an alleged intimate relationship with Travolta, a California appeals court held on Tuesday.

  • July 22, 2014

    Care1st Tells Judge Lost Data Didn't Harm Patients

    Care1st Health Plan on Tuesday urged a California judge to toss a putative class action alleging the managed care organization failed to encrypt members' private medical information on a computer disk that was misplaced, saying the proposed class can't show they were actually harmed by the purported leak.

  • July 22, 2014

    Walgreen Says Rival Pharmacy Poached Ex-Employees

    Walgreen Co. on Monday sued competitor Pharmacy Solutions Inc. in Idaho federal court, accusing its rival of poaching managers who possess trade secrets from an Idaho business specializing in home infusion therapy that Walgreen had acquired only months before.

  • July 22, 2014

    BSH Seeks Sanctions In Moldy Washing Machine Suit

    BSH Home Appliances Corp. on Tuesday urged a California federal court to sanction a putative class of customers alleging they paid elevated prices for defective washing machines, arguing the plaintiffs engaged in bad-faith litigation and knowingly manipulated expert evidence.

  • July 22, 2014

    Warner Bros. Can't DQ Greenberg Glusker In $80M 'Hobbit' Suit

    A California federal judge on Tuesday denied Warner Bros. Home Entertainment Inc.’s bid to keep Greenberg Glusker Fields Claman & Machtinger LLP from representing J.R.R. Tolkien's estate in an $80 million copyright suit over "The Lord of the Rings"-themed gambling games, saying Greenberg made concessions that mooted the motion.

  • July 22, 2014

    Judge Pleads With Argentina, Funds To Settle Bond Dispute

    The New York federal judge overseeing Argentina’s fight with investment firms holding around $1.5 billion in government bonds on Tuesday pled with both sides to reach a settlement of the dispute ahead of an end-of-the-month deadline that will cause Argentina to default on its debt.

  • July 22, 2014

    Benihana Scores Double Win In Trademark, Libel Suits

    Private equity-owned Japanese restaurant chain Benihana Inc. escaped two separate suits Tuesday after a Delaware federal judge agreed to dismiss both Benihana of Tokyo Inc.'s claims that it violated a merger agreement with foreign trademark applications and a defamation suit lodged by the restaurant founder's widow.

  • July 22, 2014

    Lehman's Swiss Arm Demands $71M Under Citi Trading Pacts

    The liquidator for Lehman Brothers Holdings Inc.'s Swiss subsidiary sued three Citigroup Inc. units on Monday to invalidate set-off provisions in derivatives trading contracts that they are allegedly using to withhold $71 million, saying that enforcing the terms would violate U.S. bankruptcy law.

  • July 22, 2014

    $25M Houston RE Investment Was Induced By Scam, Suit Says

    B Choice Ltd. sued Epicentre Development Associates LLC and others in Texas federal court for breach of contract and fraud in connection with its $25 million investment in a project to develop the site of defunct theme park Six Flags AstroWorld into EpiCentre Houston.

  • July 22, 2014

    Toyota Asks Judge To Transfer Calif. Engine Row

    Toyota Motor Co. on Monday slammed a putative class’ attempt to block its bid to transfer to a different district a consolidated action accusing the auto giant of concealing an engine oil consumption defect, telling a California federal judge the plaintiffs are improperly accusing it of “reverse forum shopping.”

Expert Analysis

  • Code Trumps Contract In The 5th Circ.

    Debra McElligott

    The Fifth Circuit opinion in Goldsby v. 804 Congress suggests that even where parties agree upon foreclosure-related fees, costs and charges before a bankruptcy, Section 506(b) of the Bankruptcy Code may still trump the provisions of their contract, says Debra McElligott of Weil Gotshal & Manges LLP.

  • The Ins And Outs Of Competitor Restrictions In Leases

    Stuart Mass

    When representing a large tenant at a shopping mall or an office building, remember to consider whether there are competitor leasing and signage restrictions that are required or desired by your client. When representing a landlord, remember to “just say no,” say attorneys with Haynes and Boone LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Mass. Court Clarifies 'No Damage For Delay' Waiver Issues

    Scott A. McQuilkin

    A recent Massachusetts Superior Court decision makes clear that courts are unlikely to find that a "no damage for delay" clause in a construction contract has been waived unless a contractor provides evidence showing a clear and unequivocal intent, says Scott McQuilkin of Hinckley Allen & Snyder LLP.

  • Texas High Court Provides Certainty Over O&G Operations

    Stephanie E. Kinzel-Tapper

    The Texas Supreme Court's recent ruling in Marcia Fuller French v. Occidental Permian Ltd. upheld the settled expectations of parties to oil and gas leases and confirmed they apply even with respect to enhanced recovery operations — welcome news to lessors with such operations, say Stephanie Kinzel-Tapper and Carter Williams of Sutherland Asbill & Brennan LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Challenges Facing Fuel Switching In Latin America Remain

    Ram C. Sunkara

    Abundant U.S. shale formations have sparked a boom in fuel switching in Latin America, particularly toward low-cost, liquefied petroleum gas, however capital conversion as well as the development of delivery infrastructure and purchase of long-term supply remain challenges for industry in the region, say Ram Sunkara and Adam Roth of Sutherland Asbill & Brennan LLP.