Commercial Contracts

  • February 12, 2016

    Cablevision Pays $21M To End Dolan Compensation Row

    Cablevision Systems Corp. said it paid $21 million to settle a suit filed by Thomas C. Dolan, a company director and son of founder Charles Dolan, over compensation-related claims, according to documents filed Friday with securities regulators.

  • February 12, 2016

    DFB Pharma Wants S&N To Cough Up $26.7M In Dispute

    A Texas-based private investment company has accused med-tech giant Smith & Nephew Inc. of wrongly withholding $26.7 million from a $782 million asset-purchase escrow account in a contract breach dispute now before Delaware’s Chancery Court.

  • February 12, 2016

    Orrick Says Coudert China Sale Claims Will Fail At Trial

    Orrick Herrington & Sutcliffe LLP told a New York federal judge on Thursday that the claims from defunct law firm Coudert Brothers LLP's Chapter 11 plan administrator stemming from the bygone firm’s sale of its Chinese assets to Orrick are so weak that there’s no need for a trial.

  • February 12, 2016

    Brooklyn Bakery Dough Hit With Suit By Investors

    The majority owner of a gourmet donut shop is violating an operating agreement by overestimating the cost of supplies and self-dealing, negatively effecting its minority owners and hindering the company’s expansion, the minority owners told a New York state court on Wednesday.

  • February 12, 2016

    FCC Set-Top Proposal Endangers Copyright, Groups Say

    A group of pay-TV proponents warned Federal Communications Commission Chairman Tom Wheeler that his set-top box proposal poses serious copyright concerns, according to a filing on Thursday that described the meeting.

  • February 12, 2016

    Equinox Hits Landlord With $8M Suit Over Lease Dispute

    Upscale gym chain Equinox Inc. has slapped the landlord of a Manhattan location with an $8 million suit in New York state court, claiming the new owner of its building broke their lease agreement by serving a notice of default last month despite more than a dozen conflict-free years with the building’s previous owner.

  • February 12, 2016

    Telecoms Urge Against New Regs In Biz Broadband Market

    An industry group representing U.S. telecommunications companies said Thursday that the business broadband marketplace is highly competitive and the Federal Communications should refuse to listen to individual players within it seeking a regulatory leg-up over rivals.

  • February 12, 2016

    Caterpillar Owes Interest On $74M Verdict, Miller Says

    Earthmoving equipment supplier Miller UK Ltd. told an Illinois federal court Thursday it should receive interest on its $74 million jury verdict against Caterpillar Inc. for stealing trade secrets, arguing that precedent warrants interest when a party breaks a confidential relationship.

  • February 12, 2016

    Argentina Targets Injunctions In Debt Settlement Talks

    Argentina creditors holding claims and legal judgments over the republic’s 2001 debt default will have until Feb. 18 to explain why a court injunction limiting the country’s ability to pay individual investors shouldn’t be lifted in light of the country’s $6.5 billion settlement offer, a New York federal judge ordered Thursday.

  • February 12, 2016

    FanDuel Says Terms Demand Arbitration in False Ad Suit

    FanDuel urged a California federal court on Thursday to enforce the arbitration provision of its terms of use in a proposed class action accusing the daily fantasy sports operator of making false promises about matching customer buy-ins, saying it’s not the company’s fault the players didn’t read the terms.

  • February 12, 2016

    UNC Denied State Immunity In Duke Hiring Conspiracy Suit

    A North Carolina federal judge on Friday refused to automatically grant the University of North Carolina immunity in a potential class action accusing Duke University and a UNC administrator of suppressing wages through illegal hiring agreements in the universities’ medical schools, which would have led to the dismissal of a case.

  • February 12, 2016

    Info Not Privileged In $1B Contract Fight, Boeing Says

    Boeing asked an Alabama federal court Thursday to force an investment firm to comply with the airplane company's subpoena for documents in a $1.1 billion Air Force contract dispute, arguing the information is not shielded from disclosure even though the firm is not a part of the suit.

  • February 12, 2016

    Emirati Bank Says Calif. Law Doesn't Apply In Fee Dispute

    An Emirati bank told a California federal judge on Thursday that he shouldn’t apply California law when he evaluates whether a technology company should receive attorneys' fees following its successful bid to arbitrate their contract dispute in the Golden State instead of Dubai.

  • February 12, 2016

    NJ Muslim Hospital Worker’s Bias, Liability Claims Survive

    A New Jersey judge has ruled that Cooper Health System must face vicarious liability and discrimination claims lodged in a lawsuit alleging it wrongfully ordered a Muslim worker to cover her religious henna tattoos, but nixed breach of contract and constructive discharge allegations.

  • February 12, 2016

    Chrysler Has No Right To See Tax Returns, Ram Owners Say

    Members of a proposed class action against Chrysler alleging defective steering in some models of the Dodge Ram pickup have asked a California federal judge not to require disclosure of their tax returns, saying they were overbroad and meant to harass.

  • February 12, 2016

    Southwest Fights DOT Calls To Share Dallas Gates With Delta

    Southwest Airlines urged a D.C. Circuit panel Friday to scrap a letter from the Department of Transportation allegedly forcing the company to share its gates at a Dallas airport with rival Delta, saying the letter was a final agency action subject to review.

  • February 11, 2016

    KBR Wants Iraqi Contractor's Post-Arbitration Suit Tossed

    Defense contractor KBR Inc. told a New York federal court Thursday it plans to seek dismissal of an Iraqi businessman’s lawsuit seeking damages denied by an international arbitration panel, saying the man does not have standing to bring his lawsuit because he was not a party in KBR’s subcontract with his company.

  • February 11, 2016

    NFL, AP Urge Judge To Shutter Photogs' Suit For Good

    The National Football League and The Associated Press urged a New York federal judge Thursday to block the second pass at a lawsuit by a group of professional football photographers alleging copyright and antitrust violations over the use of their work.

  • February 11, 2016

    Emirati Bank, Calif. Tech Co. Must Talk Before Arguing Fees

    A California federal judge ordered a technology company and an Emirati bank on Thursday to confer on what body of law applies in a decision on whether the court can award attorneys’ fees following the company’s successful bid to arbitrate a contract dispute in the Golden State instead of Dubai.

  • February 11, 2016

    STB Takes Over $1.4M Freight Holding Fees Dispute

    The U.S. Surface Transportation Board stepped into a dispute Thursday between CP Rail and Finch Paper Co. over $1.4 million in charges that Finch it won't pay because some of the charges are the rail company’s fault.

Expert Analysis

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • A Clear Message On Hong Kong Arbitration Jurisprudence

    Phillip Georgiou

    The recent case of Chimbusco International Petroleum v. Fully Best Trading extends the existing jurisprudence in Hong Kong favoring arbitration and using the power of imposing indemnity costs as a disincentive to engage the courts in matters subject to final and binding resolution through arbitration.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Challenging An Arbitrator Ab Initio: A Primer

    Solum, Matt.jpg

    Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.

  • Ethics In International Arbitration

    Monique Sasson

    If counsel are bound only by their respective bar standards, international arbitration constitutes an “ethical no-man’s land.” It is difficult to see experienced practitioners from any jurisdiction having genuine concerns about the individual provisions of the International Bar Association's guidelines on party representation in international arbitration, says Monique Sasson, JAMS panelist and co-managing editor of journals at the ... (continued)

  • Putting Fee-Shifting Agreements Inside Arbitration Clauses

    Justin J. Wolosz

    The Massachusetts Supreme Judicial Court decision in Beacon Towers Condominium Trust v. Alex provides a lesson to practitioners in Massachusetts that when drafting contracts with arbitration clauses, any agreement to shift fees should be explicit and contained within the arbitration agreement itself, say Justin Wolosz and Jesse Siegel at Choate Hall & Stewart LLP.

  • Stage Is Set For Huge Stadium Naming Rights Deal In Calif.

    Zak Welsh

    Along with the obvious economic boon to the NFL and the Rams franchise, the team’s relocation to Los Angeles and the development of a new stadium present an intriguing opportunity for a company or brand to purchase naming and advertising rights to the facility. The deal will likely far surpass the value of any of its predecessors, says Zak Welsh of Sheppard Mullin Richter & Hampton LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • Using Anti-Suit Injunction To Enforce Arbitration Agreements

    Martin F. Gusy

    Varying approaches to anti-suit injunctions in the U.S. circuit courts — namely the liberal approach adopted in the Ninth and the more moderate approach adopted in the Second — reflect differing evaluations of comity in deciding whether to enjoin a foreign proceeding in favor of a concurrent, related arbitration or litigation. Two recent U.S. district court cases illuminate these methods, say Martin Gusy and Matthew Weldon of Cozen O’Connor.