Commercial Contracts

  • June 30, 2016

    HP Enterprise Wins $3B Verdict In Long-Running Oracle Fight

    Hewlett Packard Enterprise Corp. won a $3 billion jury verdict Thursday against Oracle Corp. in a California suit alleging Oracle broke a settlement in a dispute over whether it poached former Hewlett-Packard CEO Mark Hurd by phasing out software for an HP server, hurting its rival’s sales.

  • June 30, 2016

    NLRB Again Asks 5th Circ. To Nix Arbitration, Class Waivers

    The National Labor Relations Board has asked the Fifth Circuit to abandon its own precedent and back the agency’s position that arbitration agreements with class waivers are unlawful, urging the court in an appellate briefing to enforce the NLRB’s order that retail clothing chain Citi Trends change its arbitration policy.

  • June 30, 2016

    Ex-AXA Broker Tells Jury Underling Sent Unapproved Emails

    Broker Steven S. Novick said Thursday at his $20 million breach of contract trial against two AXA units that he sent an email about an unapproved potential investment to one of his then-bosses, but blamed a former subordinate for dozens of similar unauthorized missives even though they were sent under his name.

  • June 30, 2016

    Apache Wants Atty 'Expert' Booted From $44M Contract Suit

    Apache Corp. told a Texas federal judge Wednesday that Thompson & Knight LLP partner Andrew Derman shouldn't be able to testify in Apache's $44 million contract dispute with W&T Offshore over well abandonment liability, saying his opinions are irrelevant legal conclusions.

  • June 30, 2016

    Pa. Atty Suspended 5 Years For Abusing Judicial System

    The Pennsylvania Supreme Court on Thursday accepted an attorney disciplinary board’s recommendation to suspend a Delaware County lawyer for five years for repeatedly and improperly attempting to re-litigate issues in a breach of contract suit he lost on behalf of his wife, and impugning the integrity of state judges.

  • June 30, 2016

    PGA Tour Locks Horns With Singh Over Antler Spray Report

    The PGA Tour is opposing an expert's revised report that pro golfer Vijay Singh filed in his lawsuit alleging the tour wrongly suspended him for using deer antler spray, saying Tuesday in a Manhattan court that the document is trying to sneak in new arguments about the suspension's effect on Singh's career.

  • June 30, 2016

    Comcast Pushes For Injunction To Keep Rovi Patent Row In NY

    Comcast Corp. continued efforts Wednesday to convince a New York federal judge to block Rovi Corp. from pursuing patent claims outside the state, insisting the entertainment company’s legal actions in Texas and elsewhere would cause it irreparable harm.

  • June 30, 2016

    Goetz Fitzpatrick Hit With Malpractice Suit Over Biz Spat

    Goetz Fitzpatrick LLP was slammed with a malpractice lawsuit in New Jersey state court Monday from a cybersecurity business owner alleging two firm attorneys negligently drafted legal documents, leading in one instance to a nearly $400,000 judgment against him in separate litigation.

  • June 30, 2016

    Ex-Cabot Exec's Negative Comments Keep Him In RICO Feud

    A New York federal judge on Thursday kept a former officer of broker-dealer Cabot Lodge Securities in an ongoing legal feud between the former head of United Realty Trust Inc. and his onetime partner, ruling the ex-Cabot exec broke an agreement barring suit when he made disparaging comments about his former employer.

  • June 30, 2016

    PerkinElmer Faces Suit Over ‘Dismal’ Drug Test Devices

    A group of medical providers has slapped PerkinElmer's health sciences division with a lawsuit in Massachusetts state court accusing the lab technology company of selling a drug-detection machine with a "dismal performance."

  • June 30, 2016

    Sinclair Lacked License, Malice In Copyright Row, Judge Says

    A Maryland federal judge on Wednesday rejected Sinclair Broadcast Group's argument that it had an implied license to use a media consulting company style guide but did not agree the television company had acted with "actual malice" in a copyright infringement dispute.

  • June 30, 2016

    MarkWest Shorted Co. $26M For Pa. Gas Plant Work, Suit Says

    A MarkWest Energy Partners subsidiary gave a construction company inaccurate plans for projects to expand its Marcellus Shale natural gas processing facility in Pennsylvania, but refused to pay the $26 million necessary for the modifications, the construction company alleged Wednesday.

  • June 30, 2016

    Commodities Co. Sues Insurer For $2.5M Bonds To Pay Award

    A Singaporean commodities trader pursuing a U.S. shipping company for a $6 million arbitral award over a shipbuilding and chartering contract sued the shipper’s insurance company in Illinois federal court Wednesday, demanding payment on $2.5 million in bonds that secured the contract.

  • June 29, 2016

    'Patent Troll' Lawyers Broke Deal, Litigation Funder Says

    A U.K. litigation funder sued the Chicago intellectual property boutique firm representing a company called the “original patent troll,” accusing the practice Wednesday of borrowing millions of dollars to pursue cases but failing to hand over the funder's cut of fees.

  • June 29, 2016

    NY Bars Use Of Malpractice Settlement In CMBS Row: Dexia

    Dexia Real Estate Capital Markets Inc. told a New York federal judge Wednesday that state law prohibits it from using a separate malpractice settlement to cover legal costs it is currently seeking in a contract dispute with U.S. Bank NA over commercial mortgage-backed securities.

  • June 29, 2016

    JPMorgan Beats Claims It Tarnished Silver Futures Market

    A New York federal judge tossed three antitrust suits accusing JPMorgan Chase & Co. of manipulating the silver futures market, ruling Wednesday the allegations were contradictory and failed to show the bank was intentionally monopolizing the market.

  • June 29, 2016

    Former BellSouth Exec Ordered To Arbitrate Severance Row

    A Georgia federal judge on Wednesday ordered a former executive for BellSouth Corp. in Argentina to arbitrate a dispute over his severance package, ruling that an arbitrator must decide whether the company's claims are time-barred.

  • June 29, 2016

    Romo Suit Attacking NFL Gambling Policy Axed In Texas

    A Texas state judge on Wednesday threw out claims the National Football League disparaged a fantasy football convention being organized by a venture affiliated with Dallas Cowboys quarterback Tony Romo and that the NFL committed fraud.

  • June 29, 2016

    Lawyer Shouting Match Erupts At Ex-AXA Broker's $20M Trial

    A trial to decide broker Steven S. Novick's $20 million contract beef against two AXA units was punctuated Wednesday by accusations that evidence was improperly altered and a shouting match between Novick's counsel, Michael S. Finkelstein of Finkelstein & Feil PC, and two Epstein Becker & Green PC lawyers representing the financial giant.

  • June 29, 2016

    $27M Settles Evolution-Denbury Oil Contract Dispute

    Evolution Petroleum Corp. said Wednesday it has reached a settlement with a Denbury Resources Inc. subsidiary to end a contract dispute over oil recovery operations in Louisiana’s Delhi Field, a deal that includes a $27.5 million cash payment to Evolution and other mutual consideration.

Expert Analysis

  • How McDonnell Changes Public Corruption Prosecution

    Henry E. Hockeimer Jr.

    The U.S. Supreme Court's decision in McDonnell represents a continuation of the pullback from unfettered prosecutorial power begun in Skilling relating to “honest services” mail and wire fraud, say Henry Hockeimer and Thomas Burke of Ballard Spahr LLP.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • REBUTTAL: Lenders Won't Lose Mortgage Priority In NJ

    Matthew H. Lewis

    A recent Law360 guest article suggested that if the New Jersey Supreme Court upholds the lower court's decision in Rosenthal & Rosenthal v. Benun it could have a chilling effect on certain types of loans that provide for future advances — but such consequences are unlikely, says Matthew Lewis at Riker Danzig Scherer Hyland & Perretti LLP.

  • Takeaways From Delaware's Energy Transfer Ruling

    Gregory Pryor

    The Delaware Chancery Court's recent opinion that Energy Transfer may terminate a merger agreement based on the lack of a tax opinion highlights the importance of fully considering the implications of conditions precedent, say Gregory Pryor and William Dantzler of White & Case LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Tips For Drafting Best-Interest Contracts Under DOL Rule

    Clifford Kirsch

    Practitioners drafting agreements to satisfy the U.S. Department of Labor’s new best-interest contract exemption will need to ensure the contract also conforms to the financial institution’s related customer agreements and disclosures and employs terms designed to protect the firm, say Clifford Kirsch and Allison Wielobob of Sutherland Asbill & Brennan LLP.

  • Bankruptcy-Remote Structures At Risk

    Luc A. Despins

    The Delaware bankruptcy court's recent decision in Intervention Energy is an important reminder that bankruptcy-remote does not necessarily mean bankruptcy-proof. Accordingly, lenders should always consider additional safeguards, including so-called “bad boy” guaranties, say Luc Despins and Alexander Bongartz of Paul Hastings LLP.

  • Agile Software Development Brings New Contracting Issues

    Derek J. Schaffner

    Creating software using an agile software development methodology is rapidly gaining popularity based on the notion that ASD yields workable code sooner and in a more efficient manner. There are contractual mechanisms that clients can implement to reduce the uncertainty under ASD while still reaping the benefits of this collaborative development method, says Derek Schaffner of Mayer Brown LLP.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • Damage Analysis Is Key To Settling Complex Cases

    Karen Willcuts

    An understanding of the damage model and the facts and figures to back it up is crucial to a successful mediation in commercial cases. This is true for both plaintiffs counsel and defense counsel, says Karen Willcutts, former associate judge for Dallas County and an arbitrator at JAMS ADR.