Commercial Contracts

  • October 29, 2014

    Nossaman Dodges Malpractice Suit In Hospital’s Leasing Row

    A California appeals court on Wednesday refused to revive a hospital operator’s suit accusing Nossaman LLP and an ex-partner of legal malpractice and breach of fiduciary duty in a property lease dispute, ruling the claims are blocked by a one-year statute of limitations.

  • October 29, 2014

    Calif. Court Cites Iskanian, Sends OT Row To Arbitration

    A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.

  • October 29, 2014

    Attys Flubbed Trial Against Doctors' Group, Ex-Client Claims

    A former client of Houston's Pendergraft & Simon LLP has sued two of the firm's lawyers for $3 million in a case that accuses the lawyers of a laundry list of alleged flubs in a dispute between a doctors' group and its former president and improperly advised the group to pursue Chapter 11 bankruptcy.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

  • October 29, 2014

    The Donald Says Trump Resorts Ch. 11 Plan Lacks Key Info

    Real estate mogul Donald Trump took aim Wednesday at the Chapter 11 plan disclosure statement for the casino operator that bears his name, arguing that Trump Entertainment Resorts Inc. doesn't reveal what it plans to do if it loses a court battle over use of the moniker.

  • October 29, 2014

    9th Circ. Shreds Stan Lee Media's Iron Man Lawsuit

    The Ninth Circuit on Wednesday tossed Stan Lee Media Inc.'s lawsuit against its former president, comic book legend Stan Lee, alleging it owns characters he created or co-created, including Spider-Man, Iron Man and the X-Men, calling the company's claim "simply implausible."

  • October 29, 2014

    Skanska Wants Troutman DQ'd From Suits Over Brooklyn Site

    Skanska USA Building Inc. on Monday sought to disqualify Troutman Sanders LLP from representing subsidiaries of developer Forest City Ratner Cos. LLC in three suits over a modular building project in Brooklyn’s $4.9 billion Pacific Park, claiming Troutman already represents a related Skanska company.

  • October 29, 2014

    Orbital Seeks ISS Launch Equipment In Injunction

    Hours before its shuttle launch failure on Tuesday, Orbital Sciences Corp. asked a Virginia federal court to make its subcontractor deliver key equipment that Orbital believed was being held “hostage” to prevent Orbital from cutting off the subcontractor from future work.

  • October 29, 2014

    Ex-Patent Rights Holders Want $20M Skin Drug Suit Revived

    Former shareholders of a pharmaceutical company that held patent rights for skin medication Brimonidine have asked a Pennsylvania state judge to reconsider a decision ending a $20 million suit against current rights holder Galderma Laboratories LP.

  • October 29, 2014

    5th Circ. Favors Homeowners In Defect Exclusion Fight

    The Fifth Circuit handed a win to two homeowners on Wednesday by revisiting an earlier ruling that Mid-Continent Casualty Co. correctly applied a contractual liability exclusion, after the homeowners argued that the earlier ruling conflicts with a Texas Supreme Court decision that narrowed the exclusion's scope.

  • October 29, 2014

    Federal Judge, Wife Want Sperm Bank Row Heard In Philly

    A lawsuit accusing Morris & Clemm PC of pursuing frivolous claims against the wife of a federal judge over storage costs related to her fertility clinic was improperly transferred out of Philadelphia County into the suburbs where the original litigation took place, a Pennsylvania appeals court heard Wednesday.

  • October 29, 2014

    Kareem Abdul-Jabbar Must Arbitrate Memorabilia Auction Row

    Kareem Abdul-Jabbar's claims that Julien's Auctions has illegally refused to return 150 pieces of the basketball legend's memorabilia are subject to an arbitration agreement his company signed with the Beverly Hills auctioneer, a California judge ruled Wednesday.

  • October 29, 2014

    GLPI Sues Pa. Casino Owner Over Info In $465M Deal

    Real estate investment trust Gaming and Leisure Properties Inc. said Tuesday that it has sued Cannery Casino Resorts LLC in New York state court over complications in its deal to purchase The Meadows Racetrack and Casino, located near Pittsburgh, for $465 million.

  • October 28, 2014

    AFL-CIO Beats Carpenters' Retaliation Suits At 9th Circ.

    The AFL-CIO on Tuesday beat separate federal lawsuits at the Ninth Circuit accusing the national union of waging an economic pressure campaign to force a carpenters' union to reaffiliate and of ousting carpenters as AFL-CIO stewards because they were members of the carpenters' union.

  • October 28, 2014

    House Dems Urge SEC To Target Anti-Whistleblower Pacts

    Eight Democratic members of U.S. House financial services and oversight committees on Monday urged the U.S. Securities and Exchange Commission to crack down on agency-regulated employers who use confidentiality agreements to subvert whistleblowing rules.

  • October 28, 2014

    Bruce Ratner Escapes Atlantic Yards Employment Suit

    A federal judge on Monday dismissed claims against Forest City Ratner Companies Chairman Bruce Ratner but will allow claims to proceed against other parties involved in the Atlantic Yards development project, in a suit alleging the companies reneged on promises to provide jobs and union membership to workers.

  • October 28, 2014

    TD Bank, Commerce Founder Settle Most Claims In IP Row

    TD Bank NA has settled most claims for monetary damages in its copyright infringement suit in New Jersey federal court against Commerce Bancorp LLC’s founder, whom TD sued for allegedly releasing a book of passages from an earlier manuscript that fell under TD’s control when it had acquired Commerce.

  • October 28, 2014

    Pepsi Calls $2B 'Aunt Jemima' Royalties Suit 'Frivolous'

    PepsiCo. Inc. and subsidiary The Quaker Oats Co. urged a federal judge Monday to end a lawsuit claiming they owe $2 billion in royalties to the the great-grandchildren of an actress who once played Aunt Jemima, calling the suit “frivolous.”

  • October 28, 2014

    Siemens JV Had Right To Scuttle Alarm Co. IPO, Court Says

    A New York state appellate court on Tuesday upheld the dismissal of a private equity fund's suit against a joint venture of Siemens Financial Services Inc. and First Capital Inc., finding that the venture didn't violate a credit agreement by cancelling a public offering.

  • October 28, 2014

    Lehman Seeks To Force Defendant Class In $3B Derivative Suit

    Lehman Brothers Special Financing Inc. asked a New York federal judge Monday to certify a 150-defendant class in Lehman's suit claiming that a crucial contract clause destroyed $3 billion worth of its payment rights, saying it was a “paradigmatic” example of a case whose issues should be litigated in concert.

Expert Analysis

  • How Law Firms Are Revolutionizing Services In California

    Michael Pontrelli

    The California legal market is experiencing a disruptive transformation as in-house counsel look for ways to trim their budgets by disaggregating services. Business growth in certain sectors of the state's economy has spurred the development of new ways to manage escalating legal costs — for example a new service delivery model that “right-sources” work, says Michael Pontrelli of Huron Legal.

  • When Things Do Not Go As Planned In A Bankruptcy Sale

    Jeffrey A. Krieger

    The somewhat problematic issue in a bankruptcy sale is determining what rights or obligations, if any, do the parties have under the agreement between the date of execution and the date the court enters an order approving the sale. This is precisely the issue the parties encountered in the Chapter 11 case of Hot Dog on a Stick, says Jeffrey Krieger of Greenberg Glusker Fields Claman & Machtinger LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • Sterling Case Offers Valuable Trustee Incapacity Insight

    Shari A. Levitan

    The dispute between Donald and Shelly Sterling — resolution of which determined the control of the trust that owned the Los Angeles Clippers and whether it could be sold for a reported $2 billion — highlights the steps required for trustee removal, and raised other interesting issues as to the relevant degree of capacity required for certain actions and the time at which the measure of capacity was taken, say Shari Levitan and Stac... (continued)

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • NY Court Limits Rights Of Assignees, Indenture Trustees

    David M. Zensky

    A New York state court decision in Cortlandt St. Recovery Corp. v Hellas Telecommunications will complicate the ability of noteholders to pursue a fraudulent conveyance action — one of several reasons the decision is concerning, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Testing Texas CGL Coverage For 3rd-Party Products

    Kristin C. Cummings

    In U.S. Metals Incorporated v. Liberty Mutual Group Inc., perhaps the most significant issue to be decided by the Texas Supreme Court is whether the incorporation of a defective product into other property constitutes “physical injury” to other component parts of the property, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.