Commercial Contracts

  • October 17, 2014

    Dish, Fox Each Say Aereo Backs Their Claims In DVR Fight

    Dish Network Corp. and Fox Broadcasting Inc. faced off in a California federal courthouse Friday, each arguing that the U.S. Supreme Court's recent Aereo ruling supports its bid for a quick win in their fight over whether Dish's Internet-streaming DVR features infringe Fox's copyrights.

  • October 17, 2014

    Ferrari Fans Say Facebook, Carmaker Stole Valuable Pages

    A multimillion-dollar lawsuit filed against Facebook Inc. and Ferrari SpA on Tuesday in California Superior Court says the social network and automaker worked together to misappropriate two popular Ferrari fan pages from their creators, posing the question of who has ownership rights over Facebook fan pages.

  • October 17, 2014

    AA Pilots Can't Challenge CBA Ruling, Judge Says

    A New York federal judge on Friday refused a challenge to a bankruptcy court’s approval of a collective bargaining agreement between American Airlines and a pilots’ union that scaled back benefits, finding a group of disgruntled pilots nearing retirement lack the standing to object.

  • October 17, 2014

    Pa. Court To Decide Class Arbitrability In Gas Lease Row

    A Pennsylvania federal judge on Thursday gave a boost to Chesapeake Appalachia LLC in its dispute with Scout Petroleum LLC over gas lease royalties, saying that recent Third Court precedent determined that the court, rather than arbitrators, should decide whether class arbitration is permissible in the case.

  • October 17, 2014

    Cronin's Defamation Suit Against Bergmann & Good Tossed

    A federal judge in Pennsylvania on Thursday dismissed a defamation suit brought by Cronin Law Firm alleging that the partners at Bergmann & Good LLC tried to ruin Cronin's reputation after a co-counsel agreement went sour, though the judge stopped short of granting Bergmann & Good's motion for sanctions.

  • October 17, 2014

    Health Care Patients Want Data Breach Suits Consolidated

    Former patients suing Community Health Systems Inc. for failing to secure their personal information, which may have been accessed by hackers, asked the U.S. Judicial Panel on Multidistrict Litigation on Friday to consolidate five related class actions in Alabama federal court.

  • October 17, 2014

    Ex-NFLer Hamstrings Subpoenas In Atty Investment Row

    The battle between a former NFL player and a prominent attorney over a $1 million investment lost in a waste-to-energy business recently grew more contentious, with a New Jersey federal judge curtailing, but not quashing, subpoenas for the player's financial records. 

  • October 17, 2014

    Halberstadt Settles Client's Suit Over Paperwork Error

    A Pennsylvania federal judge on Friday dismissed a construction company's suit accusing law firm Halberstadt Curley LLC of spoiling its attempt to recover a $1 million arbitration award in a hotel project dispute, reporting that the parties had settled.

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

  • October 17, 2014

    Hi-Tech Execs Want Out Of Jail After Recall

    Two executives of weight-loss supplement maker Hi-Tech Pharmaceuticals Inc. jailed for contempt for failing to comply with a recall order urged a judge Thursday to free them, saying Hi-Tech has completed the recall under a $40 million sanctions package.

  • October 17, 2014

    Late Court Fee Doesn't Bar Jury Trial In Girardi Atty Fee Fight

    Hart Watters & Carter PLC can't stop personal injury firm Girardi Keese from seeking a jury trial in a fight over $1.4 million in attorneys' fees even though the firm paid a $150 jury trial fee late, because the late filing didn't harm Hart Watters, a California judge ruled Friday.

  • October 17, 2014

    Post-Firing Evidence Can Be A Potent Limit On Bias Damages

    A recent Second Circuit ruling that Fujifilm Medical Systems USA Inc. could use evidence turned up after an executive was fired to confirm a nondiscriminatory reason for letting him go marked a rare appellate decision involving "after-acquired" evidence, something that attorneys say can be a potent limitation on damages in employment discrimination suits.

  • October 17, 2014

    Investment Fund Hits Gilbride Tusa With $85M Negligence Suit

    Genesis Merchant Partners LP, a fund seeking security interests on a mortgage and in a portfolio of 23 life insurance policies, hit Gilbride Tusa Last & Spellane LLC with a negligence and breach of contract suit in Manhattan on Wednesday, claiming the firm was "completely oblivious" to the process and cost the fund some $85 million.

  • October 16, 2014

    Heartland Says Texas Law Bars Banks' Data Breach Claims

    Heartland Payment Systems Inc. asked a Texas federal judge on Wednesday to throw out negligence claims brought by a number of credit-card issuing banks and credit unions over a notorious 2008 data breach, saying the claims are barred by the economic loss doctrine of both Texas and New Jersey.

  • October 16, 2014

    Jimi Hendrix's Family Wants $5M Over Stalled Sony Film Deal

    A film producer who blocked a distribution deal with Sony Music Entertainment for a Jimi Hendrix concert movie owes the late rocker's estate $5 million in expenses and the exclusive rights to the film's soundtrack, Hendrix's relatives argued Thursday at the start of a bench trial in Los Angeles.

  • October 16, 2014

    JPMorgan Gets Insurer's $300M RMBS Suit Pared On Appeal

    Ambac Assurance Corp. does not have standing to bring breach of contract claims against JPMorgan Chase & Co. over at least $300 million worth of residential mortgage-backed securities it insured because that power instead lies with the securities' trustee, a New York state appellate court found Thursday.

  • October 16, 2014

    Pa.'s Stricter Gas Driller Reporting Bill Heads To Gov.

    The Pennsylvania General Assembly approved a bill Wednesday that would require drillers operating in the state’s Marcellus Shale play to file more regular reports with the state’s Department of Environmental Protection on the amount of natural gas being produced by its wells, sending the legislation on to the governor.

  • October 16, 2014

    Cigna Accuses Lab Co. Of $84M Billing Fraud

    Cigna Health and Life Insurance Co. hit Health Diagnostic Laboratory Inc. with an $84 million suit Wednesday in Connecticut federal court, alleging the company failed to charge Cigna insurance plan members for out-of-network services and paid referral fees to the in-network providers that encouraged them to violate their contracts.

  • October 16, 2014

    N. Calif. Landlords Taking Back More Leases As Prices Soar

    Landlords in Northern California are increasingly taking over leases when their commercial tenants seek to sublet, as sky-high real estate prices are making re-leasing less of a liability and more of an opportunity for additional profit, lawyers say.

  • October 16, 2014

    ResCap Takes Hit In $88M MBS Suit Against Capital One Unit

    A Minnesota federal judge has partially granted a Capital One Finance Corp. unit's motion to dismiss a suit by bankrupt Residential Capital LLC over $88 million in mortgage loans that it says were misrepresented, saying Wednesday that some claims were made too late.

Expert Analysis

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Planning For Disputes In Cross-Border PE Deals

    Timothy J. Lindsay

    International arbitration can offer important advantages in cross-border private equity transactions, with the precise wording of the so-called “midnight” dispute resolution clauses in commercial agreements being the keystone to contractual certainty and, ultimately, enforcement of the bargain struck, says Timothy Lindsay of Dechert LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Battling On The Front Lines Of Service Member Foreclosures

    Meredith L. Minkus

    Although a somewhat sensitive issue for lenders, foreclosing upon the property of a member of the armed forces does not have to be a costly and frustrating process, as often depicted in the media. The difficulties arise when lenders wait until the last minute to determine whether a defendant is, in fact, a service member, say Meredith Minkus and Steven Ferrell of Burr & Forman LLP.

  • NY Court Clarifies When Yellowstone Relief Is Appropriate

    Jesse B. Schneider

    It has long been believed in New York that a Yellowstone injunction is not available in an action stemming from a default based solely upon the nonpayment of rent. However, the recent decision rendered and analysis proffered by a state court in Sagi Restaurant Corp. v. Brusco W. 78th St. LLC serves to debunk this notion, says Jesse Schneider of Davis & Gilbert LLP.

  • Don't Disregard Calif.'s Non-Disparagement Clause Ban

    Songmee L. Connolly

    Because AB 2365's ban on nondisparagment clauses in California carries statutory penalties, plaintiffs’ class action attorneys will be incentivized to test its scope and ambiguities next year given the potential size of aggregated penalties, says Songmee Connolly of Fenwick & West LLP.

  • A Primer On 'Bad Faith' In Federal Removal Jurisdiction

    Ugo Colella

    The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.

  • CFPB Interpretation Of RESPA Troubling

    Phillip L. Schulman

    A recent consent order from the Consumer Financial Protection Bureau against Lighthouse Title Inc. raises troubling questions about how the agency interprets Section 8 of the Real Estate Settlement Procedures Act, and at the same time, provides several significant reminders about what not to do in structuring and entering into a marketing services agreement, say Phillip Schulman and Holly Spencer Bunting of K&L Gates LLP.

  • New UK Consumer Protection Law Raises Stakes For Industry

    Sakil A. Suleman

    A recently introduced U.K. consumer protection law opens the door to private civil claims made by aggrieved customers against traders, which may run parallel with regulatory enforcement actions, thus raising the stakes for industry to comply, says Sakil Suleman of Reed Smith LLP.

  • A Possible End To Pa. Court Split Over Economic Loss

    Charlotte E. Thomas

    Because the alleged deception in Grimes v. Enterprise Leasing Inc. arises out of a written agreement, the case presents an opportunity for the Pennsylvania Supreme Court to provide guidance on the economic loss doctrine and to resolve a split between state and federal courts, says Charlotte Thomas of Duane Morris LLP.