Commercial Contracts

  • May 22, 2015

    Centex's Atty Choice Claims Unripe, Calif. Court Affirms

    A California appellate court upheld a lower court's dismissal of Centex Homes' claims that a Travelers Cos. unit is manipulating its defense in an underlying construction defect suit, thereby entitling it to independent counsel, holding on Friday that the builder didn't sufficiently back up its allegations.

  • May 22, 2015

    Founder Of Facebook's Oculus Stole IP, Ex-Partners Claim

    A Hawaii-based partnership claimed in a suit in California federal court Wednesday that Facebook's Oculus VR Inc. and its founder Palmer Luckey violated a 2011 contract to develop a 3D virtual reality headset for them and claimed the resulting prototype as his own.

  • May 22, 2015

    Sirius’ Gripe With Pre-‘72 Cert. Is Nonsense, Turtles Say

    The Turtles rock band urged a California federal judge Friday to certify a class of owners of pre-1972 songs that they say Sirius XM Radio Inc. played without paying royalties, contending that the satcaster’s argument that the licensing situation for each record is individualized “makes zero sense.”

  • May 22, 2015

    Ex-NBA Vet, Film Cos. Strike Back In $45M EB-5 Suit

    Former National Basketball Association journeyman Theo Ratliff and various entertainment-related companies facing a $45 million suit over an unsuccessful EB-5 funding deal asked a Georgia federal judge on Wednesday to let them file counterclaims that might be time-barred when the suit, now on hold, resumes.

  • May 22, 2015

    Bar On Abortions At Fla. Planned Parenthood Upheld

    A Florida appeals court on Friday affirmed a temporary injunction barring Planned Parenthood of Greater Orlando Inc. from performing abortions at one of its offices on the grounds that doing so would violate a restrictive covenant on the property.

  • May 22, 2015

    Comcast Says Sprint's Attys Misled Jury In $28M IP Suit

    Comcast Cable Communications LLC told a Delaware federal judge that Sprint Communications Co. LP’s counsel Shook Hardy & Bacon LLP misled a jury into awarding Sprint $28 million in a row alleging Comcast ripped off its fiber optic delivery systems, arguing one of the firm’s attorneys used inaccurate claim constructions.

  • May 22, 2015

    $32M Capital One Overdraft Deal OK'd By Judge

    A Florida judge on Friday signed off on an almost $31.8 million settlement between Capital One Bank NA and plaintiffs in multidistrict litigation over allegedly deceptive overdraft fees, saying that the recovery amount is extremely reasonable given the risks faced by the plaintiffs.

  • May 22, 2015

    Cruise Co. Takes Lloyd's Collusion Row To High Court

    A Connecticut cruise company has told the U.S. Supreme Court that the Fifth Circuit wrongfully tossed 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.

  • May 22, 2015

    Atty Asks Justices To Review His Role In $2B NJ Mall Deal

    An attorney has asked the U.S. Supreme Court to review a judgment preventing him from recovering $200 million in commission he says he is owed for working out a $2 billion shopping mall project in New Jersey's Meadowlands, saying he was mistakenly labeled as a broker instead of a principal in the deal.

  • May 22, 2015

    State Dept. Floats Changes To Arms Traffic Regulations

    The U.S. Department of State on Friday floated several changes to licensing rules for U.S. workers providing defense services abroad, removing hurdles for work in North Atlantic Treaty Organization countries and those in Foreign Military Sales agreements with the U.S.

  • May 22, 2015

    Movie Studios Want Animators’ Anti-Poaching Suit Tossed

    The Walt Disney Co., DreamWorks Animation SKG Inc. and others urged a California federal judge on Thursday to toss a proposed class action brought by animators accusing the studios of conspiring to keep down wages, saying that plaintiffs failed to show proof the studios knowingly misled them in the alleged scheme.

  • May 22, 2015

    7th Circ. Weighs Limits On Noncompete Pacts In Ill.

    A Chicago-based information technology staffing firm on Friday urged the Seventh Circuit to honor noncompete agreements with several former employees who launched a rival business, arguing that a lower court ignored recent Illinois Supreme Court precedent in finding the pacts unenforceable.

  • May 22, 2015

    Pa. Dems Back State's Intervention In Highmark, UPMC Row

    Democrat leaders of the Pennsylvania General Assembly fired off an amicus brief on Friday supporting the state’s bid to force the University of Pittsburgh Medical Center to reverse its decision ending a series of Medicare Advantage contracts between its hospitals and rival insurer Highmark Inc.

  • May 21, 2015

    Amerigroup Wins End To 'Toxic' Ties With NJ Care Provider

    Amerigroup New Jersey Inc. can terminate its contract with a home health care company whose workers were accused of a Medicaid scam, a New Jersey judge ruled Monday, saying the insurer fulfilled its notice requirements and that letting Confident Care Corp. keep the contract would facilitate a “clearly toxic, broken relationship.”

  • May 21, 2015

    Astor Weiss, Atty Sued Over ‘Bungled’ $18M Telco Case

    Communications Network International Ltd. has slammed its former attorney with a malpractice suit for a “quixotic charade” across 13 years of hopeless, error-ridden litigation against defunct MCI WorldCom Communications Inc., according to a complaint filed in Pennsylvania state court.

  • May 21, 2015

    Cayman Law Will Apply To Suit Over Offshore Refco Funds

    A New Jersey federal judge ruled Wednesday that Cayman Islands law applies to a lawsuit accusing a former Sphinx hedge fund director of improperly depositing $312 million into offshore Refco Inc. accounts days before the brokerage firm's high-profile bankruptcy, ruling that the case was contractually bound to the islands.

  • May 21, 2015

    United Airlines Beats Class Action Over Low Fare Promise

    A Texas federal judge on Thursday tossed a putative class action accusing United Airlines Inc. of violating terms of its online “low fare guarantee” for passengers buying multiple tickets at the same time, ruling that the plaintiff never even tried to call the company to make a claim.

  • May 21, 2015

    Wells Fargo Says $30M Foreclosure Suit Jumps The Gun

    Wells Fargo & Co. asked a Georgia federal judge Wednesday to dismiss a $30 million lawsuit alleging it has reneged on a mortgage forbearance agreement, arguing all damages were speculative and that bankruptcy proceedings would have prevented it from foreclosing regardless.

  • May 21, 2015

    NY Court Denies Atty Quick Win In Liberty Coverage Fight

    A New York appeals court affirmed Thursday that an attorney tried too soon to win summary judgment in his lawsuit against Liberty Insurance Underwriters Inc. over coverage for defending legal malpractice counterclaims in an underlying contract dispute, saying further discovery is needed to determine whether policy exclusions apply.

  • May 21, 2015

    DuPont Again Dodges Secrets Suit Over Recyclable Banners

    The Second Circuit on Thursday refused to revive an unfair competition suit alleging DuPont Co. stole Big Vision Private Ltd.’s trade secret for recyclable banner materials, finding a lack of evidence showing DuPont misused the digital printing company’s confidential information.

Expert Analysis

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Using Constructive Eviction To End Fla. Commercial Leases

    Oscar Rivera

    A recent ruling in the Fourth District Court of Appeal of the State of Florida serves as a telling reminder for commercial real estate tenants of the standards that must be met in order to justify their early termination of commercial leases based on the theory of constructive eviction, says Oscar Rivera of Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel PA.

  • Understanding Reasonable Certainty In Int'l Arbitration

    Neil Steinkamp

    While reasonable certainty may not be precisely defined in federal or state courts, there is the possibility of even greater ambiguity when considered in the context of international arbitration, say Neil Steinkamp, Elizabeth Shampnoi and Robert Levine of Stout Risius Ross Inc.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • Wipe Away Those Fears, The 7th Circ. Is Here

    Eric E. Hobbs

    The case of the allegedly misclassified window washers before the Seventh Circuit in Alvarado v. Corporate Cleaning Service Inc. fleshed out an often-ignored exception to an employer’s obligation to pay overtime that could apply to some retailers or service establishments, says Eric Hobbs of Michael Best & Friedrich LLP.

  • Why El Paso Will Have Very Limited Applicability

    Philip Richter

    Notwithstanding commentary suggesting otherwise, in our view, the recent Delaware Chancery Court decision in a derivative suit related to an El Paso Pipeline Partners LP “drop-down” transaction does not indicate that the court will be more likely than in the past to find liability of master limited partnership general partners or their bankers, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • This Week In Congress: Infrastructure, Privacy And Trade

    Richard A. Hertling

    This week, the heavy lifting on the Trade Promotion Authority bill is on the Senate's agenda. Majority Leader Mitch McConnell has promised an open amendment process, and amendments are already pending. The legislation reflects bipartisan compromise of the kind that was in short supply in recent years in the Senate. But challenges for the bill remain in the House, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.