Commercial Contracts

  • September 23, 2016

    Ex-Tribe Leaders Knock Judgment Bid In Embezzlement Row

    Four former Paskenta Band of Nomlaki Indians officials accused by the tribe of a sprawling embezzlement scheme blasted current tribal leaders’ request to finalize their escape from the dispute in California federal court Thursday.

  • September 23, 2016

    Korean Aspartame Seller Sues NutraSweet For $100M Award

    NutraSweet Co., the iconic manufacturer of artificial sweeteners, was slapped with a lawsuit in New York state court Thursday over a $100 million arbitration award it was ordered to pay a South Korean conglomerate after it fell behind on payments related to aspartame production materials.

  • September 23, 2016

    HP Says Oracle Using Discovery In Bid To Spy On Its Business

    HP told a California federal judge Thursday that Oracle is abusing discovery in its suit alleging HP support companies distributed copyrighted Oracle code, trying to spy on HP’s business operations, while Oracle said in the joint letter that HP isn't fulfilling its discovery obligations.

  • September 23, 2016

    Software Co. Sues Ex-Ally Under New Trade Secrets Law

    Manufacturing software maker Visim Inc. filed suit in Delaware federal court Wednesday accusing Plex Systems Inc. of stealing proprietary software and algorithms that were covered by confidentiality agreements, in violation of the Defense of Trade Secrets Act of 2016.

  • September 23, 2016

    Del. Judge Threatens To Tap A Referee In PilePro Battles

    Part of a global feud between founders of a company built around construction piling patents inched ahead in Delaware’s Chancery Court Friday, with a vice chancellor acknowledging that the case has bitter out-of-court dimensions and cautioning he might call in a referee if pretrial delays mount.

  • September 23, 2016

    Private Equity Firm Gores Is Sued Over Adecco Deal

    Staffing company Adecco Inc. sued an arm of the Gores Group in a New York court Thursday, claiming the private equity firm owes it $2.1 million from an acquisition deal.

  • September 23, 2016

    Fla. High Court Limits Arbitration In Nursing Home Cases

    The Florida Supreme Court held on Thursday that nursing home residents can’t be bound by arbitration agreements in contracts signed with the home by family members, settling a dispute between several of the state’s appellate courts over the contracts and how they can be applied.

  • September 23, 2016

    Liberty Mutual Says NYC School Injuries Are Not Covered

    Liberty Mutual Insurance asked a New York federal judge on Friday for a summary judgment that it need not defend New York City against three lawsuits alleging injuries that took place at various schools, saying the underlying suits are far outside the bounds of what it insures the city's school construction authority for.

  • September 23, 2016

    2nd Circ. Won't Revive High-Speed Trading Cases

    A Second Circuit panel Friday declined a trader’s bid to revive proposed class actions accusing the New York Stock Exchange, Nasdaq and others of breaching contracts with investors by giving high-frequency traders early access to market data, saying the claims are preempted.

  • September 23, 2016

    Chancery Urges Charney To Lawyer Up In Hedge Fund Fight

    A Delaware Chancery judge urged ousted American Apparel founder Dov Charney on Friday to retain counsel in his fight with Standard General LP over his exit from the clothier after the entrepreneur argued he was the victim of a highly complex “Wall Street conspiracy” that stole his company away.

  • September 23, 2016

    Sugar Co. Let Stones Into Yogurt Ingredients, Suit Says

    AmCane Sugar LLC has asked that Ohio federal court, rather than a state court, hear a suit accusing it of selling tainted evaporated cane juice to a company that prepares fruit chunks for Chobani yogurts, which sued after receiving sweetener that was allegedly littered with rocks and stones.

  • September 23, 2016

    Oral Contract Cited In Fight For Share Of NFL Deal Fee

    A businessman who claims he helped a sports management company and law firm land an NFL wide receiver prior to his signing a $40 million deal asked a New York federal judge Thursday not to toss his suit over fees, arguing that the parties had an oral contract.

  • September 23, 2016

    Terix, Execs On Hook For Oracle's $58M Asset Transfer Suit

    A California federal judge on Thursday refused to throw out Oracle America Inc.’s lawsuit accusing Terix Computer Co. and its executives of manipulating assets to wriggle free of a $57.7 million copyright judgment, saying Oracle’s complaint was replete with allegations to support its claims.

  • September 23, 2016

    Ax Crime Writer's Claim Of Phony DOJ Report, Judge Told

    Anchin Block & Anchin LLP renewed its call Friday to dismiss crime writer Patricia Cornwell's allegation that the accounting firm falsely accused her of a crime to federal prosecutors, despite a judge's earlier indication that a retrial would probably best deal with the claim, which is what remains of an overturned blockbuster verdict.

  • September 23, 2016

    Texas High Court Won't Hear Horse Track Stock Sale Dispute

    The Supreme Court of Texas declined Friday to review a state appeals court ruling that a horse racing company could not back out of a deal to sell a racetrack license through a $1.5 million stock purchase agreement.

  • September 23, 2016

    Sloppy Deals With Cocoa Co-op Doom Trader’s $2.6M Award

    A New York federal judge has freed a Peruvian cocoa and coffee growing cooperative from a $2.6 million arbitral award, saying a cocoa trader never showed that the farmers “actually knew” that their contracts included references to an arbitration agreement.

  • September 23, 2016

    Uber Drivers Ask 9th Circ. To Rehear Arbitration Ruling

    Uber drivers suing the ride-hailing giant over background checks have asked the full Ninth Circuit to re-examine a recent panel decision finding that the drivers must arbitrate their claims individually instead of as a class, saying the ruling conflicts with various decisions from federal and state courts nationwide.

  • September 22, 2016

    7th Circ. Reverses US Soccer Tequila Ad Arbitration Ruling

    United States Soccer Federation Inc. scored a win against a labor union for U.S. men’s national team members when the Seventh Circuit Thursday reversed an arbitrator’s decision, saying he erred in ruling that a tequila print ad featuring players’ likenesses required advance approval.

  • September 22, 2016

    Emerald Oil Settles Midstream Contract Fight In Ch. 11 Case

    Emerald Oil Inc. has settled a battle with its midstream contractors that had dominated its Chapter 11 case, agreeing to assume the deals it previously wanted to reject and have them carry over to the winner of a planned bankruptcy auction, an attorney for the debtor told Law360 on Thursday.

  • September 22, 2016

    NBA Inks Deal With Stats-Keeping, Player-Tracking Firms

    The National Basketball Association has partnered with sports data firms Sportradar and Second Spectrum in a deal that the league said will help it get statistics and game feeds to international gaming operators and improve its advanced player tracking.

Expert Analysis

  • What Employers Should Know About New Ill. Noncompete Law

    James M. Witz

    Illinois' recently enacted Freedom to Work Act prohibits nongovernmental employers from entering into noncompete agreements with low-wage employees. The new law is part of a greater focus by state and federal governments on ensuring the mobility of low-wage workers and preventing potential abuse of noncompete agreements, say Jim Witz and Abiman Rajadurai at Littler Mendelson PC.

  • Managing The Compliance Aspects Of PE Investments

    Francois Hellot

    It can be difficult for a private equity investor to detect potential wrongdoing by the entities or individuals involved in a target’s business. Therefore, when drafting contractual safeguards in a purchase agreement, investors should take measures to shield themselves against both identified and unidentified risks, say attorneys with Dechert LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Guarding Against Privilege Waiver In Federal Investigations

    Elizabeth McGinn

    It's been well over a year since Judge Andrew Peck gently excoriated the legal community for underusing the not-so-new privilege waiver protections of Rule 502(d). While his remarks may have raised awareness, Rule 502 as a whole, together with any potential federal agency regulations concerning privilege waiver, offers little peace of mind to parties subject to government investigations, say attorneys with BuckleySandler LLP.

  • Seed Co. Settlement Sends Warning Signal To Exporters

    Alexandra Lopex-Casero

    The U.S. Department of the Treasury’s recent $4.3 million penalty against PanAmerican Seed Company is significant for this type of product. It demonstrates that the agency will continue to vigorously enforce Iran sanctions violations and serves as a lesson to exporters as to the prevailing pattern of violations resulting from the use of intermediaries, say Anjali Vohra and Alexandra López-Casero of Nixon Peabody LLP.

  • Whose Line, Drawing Or Plan Is It Anyway?

    Amy Goldsmith

    Before entering a negotiation, it is imperative for architects and real estate owners to understand how copyright protection intersects with architectural works. Failure to recognize boundaries may lead to litigation over whether an architect may use the plans again or whether a developer may modify the plans if the architect’s services are terminated before the project is finished, say attorneys with Tarter Krinsky & Drogin LLP.

  • The Rogue Insider: Protecting Against Trade Secret Theft

    Mark S. Sidoti

    Advances in information storage and transmission technology have made financial services companies increasingly susceptible to the misappropriation or theft of critical proprietary assets. With the click of a mouse, rogue employees from the C-suite to the mailroom can download and disseminate hundreds of thousands of documents, lines of computer code, and other data containing a company’s most prized trade secrets. Mark Sidoti and ... (continued)

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • Adding Fuel To The Employment Arbitration Agreement Fire

    John B. Lewis

    Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit in Patterson v. Raymours Furniture recently followed its earlier precedent enforcing an employment arbitration agreement. Now, U.S. Supreme Court review seems inevitable and in the interim companies will be challenged on how to enforce nationwide arbitration agreements, says John Lewis of BakerHostetler.

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.