Commercial Contracts

  • October 5, 2015

    Prudential Hit With Contract Suit Over New $444M NJ Tower

    Skanska USA Building Inc. has sued Prudential Financial Inc. for allegedly breaching construction management and price contracts surrounding the insurance giant's new $444-million, 20-story office tower in Newark, N.J., contending that it hasn't been properly paid.

  • October 5, 2015

    EBay Textbook Reseller Presses High Court For Atty Fees

    A Thai college student, accused of importing and illegally selling foreign edition textbooks online via the auction site eBay, has filed a petition for writ of certiorari with the U.S. Supreme Court, arguing the courts are in “utter disarray” about fee requests under the Copyright Act.

  • October 5, 2015

    Southwest Credit Expired Too Soon, Travelers Say

    A pair of Southwest Airlines Co. travelers have filed a putative class action in California federal court over what they claim is a “hidden exception” in the airline’s cancellation policy, saying credit from a canceled flight was deemed expired months before the airline’s advertised one-year expiration date.

  • October 5, 2015

    Texas Court Won't Revisit $2M Drug License Arbitral Award

    A Texas appellate court on Friday stood by its reinstatement of a $1.875 million arbitration award in a dispute over patent licensing for technology used to treat excessive human growth hormone, despite a biotech firm's argument that the arbitrators exceeded a contractual limit on damages.

  • October 5, 2015

    Skating Group Blasts NJ Olympian In Contract Row

    The Israel Ice Skating Federation has objected to a trial court’s release of a New Jersey-based Olympic skater from her contract, arguing that the judge’s decision flouted the statutes of the International Skating Union and circumvented its authority to rule on the matter.

  • October 5, 2015

    NJ Devils Ticket Holders Ask For An Assist In Resale Suit

    Two New Jersey Devils fans asked a New Jersey federal judge on Friday to deny the hockey team’s bid to ice their amended putative class action alleging the team didn't fulfill its obligation to renew season tickets and is trying to control the resale ticket market.

  • October 5, 2015

    Contractor Says It Can Show Arbitrator Flubbed $6.5M Award

    A trucking company asked a Wyoming federal court Friday for an evidentiary hearing on its request that the court toss a $6.5 million arbitration award finding it withheld payments to a subcontractor in Afghanistan, which the company says was decided in an unfair process that missed key evidence.

  • October 5, 2015

    Schumer Urges FCC To Keep TV Exclusivity Rules

    A Democratic senator urged the Federal Communications Commission to hold off on a controversial proposal that would eliminate broadcast TV exclusivity rules in a letter sent last week.

  • October 5, 2015

    Justices Won't Hear Cruise Co.'s Lloyd’s Collusion Appeal

    The U.S. Supreme Court on Monday rejected a Connecticut cruise company’s bid to revive its suit alleging Lloyd’s Register North America Inc. colluded with a shipbuilder to falsely represent a vessel’s compliance with maritime safety laws during a related arbitration proceeding.

  • October 5, 2015

    BNY Mellon Can't Dodge RMBS Suit Over Loan Docs

    A New York judge on Friday refused a bid by The Bank of New York Mellon Corp. to quash a lawsuit brought by banks, insurers and other investors against BNY Mellon as the trustee of pools of poor-performing residential mortgage-backed securities, saying dismissal would be premature.

  • October 5, 2015

    Justices Still Not Interested In 6th Circ. Preemption Ruling

    The U.S. Supreme Court on Monday refused for the second time to review a challenge to a Sixth Circuit finding that federal legislation guiding the reinstatement of auto dealerships severed during Chrysler’s bankruptcy preempts state vehicle franchise laws, denying an Ohio car dealership’s certiorari petition.

  • October 5, 2015

    Austria Railway Case Brings Wall St. Risks, Justices Told

    The attorney for a woman injured on Austria’s national railway told the U.S. Supreme Court during arguments Monday that granting the country immunity from her personal injury suit would cause uncertainty in the financial world by making it harder for companies to sue foreign governments over complex deals.

  • October 5, 2015

    2nd Circ. Wary Of Do-Over In Dispute Over $57M Building

    The Second Circuit appeared hesitant Monday to reopen claims that a former co-owner of a $57 million Manhattan apartment building double-dipped during a buyout, saying that moving one lever of a trial judge's decision could require moving others and needlessly complicate a done deal.

  • October 5, 2015

    Jay Z Worried About Video Leaks In 'Big Pimpin' Suit

    Attorneys for rapper Jay Z said Monday that the Egyptian man who sued him for copyright infringement over the song “Big Pimpin'” is making it more likely that videos of the superstar’s depositions will be leaked to the press.

  • October 5, 2015

    Supreme Court Rejects NJ Atty's $200M Meadowlands Appeal

    The U.S. Supreme Court has declined to hear the case of an attorney seeking to recoup millions for his role in developing a $2 billion New Jersey mall project in which he claims he was mistakenly labeled as a broker instead of a principal.

  • October 5, 2015

    High Court Declines Challenge To Rolls-Royce Forum Transfer

    The U.S. Supreme Court declined Monday to hear Petroleum Helicopters Inc.’s appeal of a Fifth Circuit decision to allow Rolls-Royce Corp. to separate the claims against it in a helicopter crash suit and have the case tried in Indiana.

  • October 5, 2015

    WolfBlock Insurer Not Liable For Ex-Partner's Severance Pay

    A Pennsylvania state judge has ruled that an insurer for the defunct Philadelphia-based WolfBlock LLP was not liable for making continued payments on a former partner’s $400,000 severance package after the firm dissolved more than six years ago.

  • October 5, 2015

    High Court Denies Schwab Appeal In Crisis-Era Class Action

    The U.S. Supreme Court on Monday denied a petition from a unit of Charles Schwab Corp. seeking a review of a Ninth Circuit decision to revive a suit brought over the firm's risky bets on complex mortgage securities that the firm made in 2007.

  • October 2, 2015

    Aetna Seeks Sanctions Over Counterclaim In $120M Fraud Suit

    Aetna demanded a Houston-area hospital and its attorneys be sanctioned over its "retaliatory" RICO counterclaim in the insurer's $120 million billing fraud and kickback suit, arguing to a Texas federal judge Friday that the claim is unsupported and copies Aetna's complaint.

  • October 2, 2015

    Defense Calls For Discovery Sanctions In Cochran Firm IP Tiff

    A former partner of the late Johnnie Cochran asked a California federal judge Friday to sanction the director of the Cochran Firm PC for refusing to hand over discovery materials about a back-office facility in Alabama at issue in a trademark fight over the use of the Cochran name.

Expert Analysis

  • Lehman Ruling Offers Much-Needed Guidance On 'Loss'

    Fred Sosnick

    A Southern District of New York decision in a Lehman Chapter 11 suit, holding that Intel Corp.’s loss calculation resulting from a failed transaction was appropriate, is significant both because of the dearth of judicial interpretation of International Swaps and Derivatives Association closeouts, and because it affirms the general understanding that a nondefaulting party has broad discretion in calculating “loss,” say attorneys wit... (continued)

  • A Case Study On How To Decertify Common Defect Classes

    Emily L. Pincow

    The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Congress Brings Warranties Into The Internet Age

    Scott L. Winkelman

    The E-Warranty Act, signed into law last week, is meant to bring law out of the Paper Age and will significantly change how product manufacturers and sellers think of warranties, say Scott Winkelman and Preetha Chakrabarti at Crowell & Moring LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Calif.'s Post-Sanchez Unconscionability Doctrine

    Neil R. Bardack

    Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)

  • Summer, Circuit Courts And Successor Withdrawal Liability

    Jonathan G. Rose

    Two cases decided this summer in the Seventh and Ninth Circuits have breathed new life into the successor liability doctrine in the withdrawal liability context and have expanded it in a manner that suggests this is a growing risk for companies that may purchase the assets of a unionized employer, say Jonathan Rose and Richard Siegel of Alston & Bird LLP.

  • And Now A Word From The Panel: MDL Of The Century


    Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.

  • 10 Marketing Tips From A Young Partner Perspective

    Richard Segal.jpg

    No one ever told you in law school that once you received the highly coveted associate job in a big firm, that to really succeed at that job and climb the ranks quickly you need to take on a second job — marketing, says Richard Segal of Kluger Kaplan Silverman Katzen & Levine PL.

  • The Deception In Balance Sheet And Liquidation Analysis

    Kenneth A. Rosen

    As a bankruptcy attorney, I have learned that balance sheets and liquidation analyses can be very deceptive and that value is much more of an art than a science. Certain liabilities, such as contract rejection claims, do not show up on a balance sheet, says Kenneth Rosen, chairman of the bankruptcy and creditors' rights practice at Lowenstein Sandler LLP.

  • D&O Fee Advancement Lessons From American Apparel

    Gregory A. Markel

    American Apparel’s messy breakup with its founder, former chairman and CEO Dov Charney highlights the limits on the ability of directors and officers to receive indemnification or advancement, say attorneys with Cadwalader Wickersham & Taft LLP.