Commercial Contracts

  • December 17, 2014

    3rd Circ. Greenlights Sanctions Bid In Veggie Contract Row

    A Third Circuit panel on Wednesday freed frozen vegetable company Unilink LLC officers from liability to supplier Food Team International Ltd. after Unilink canceled a broccoli contract, but the court said the company and its attorney could potentially be sanctioned for failing to disclose its insurance policy.

  • December 17, 2014

    Fox Can't End Directors' Home-Video Profits Class Action

    A California judge on Wednesday rejected Twentieth Century Fox Film Corp.’s bid for a quick win in a putative class action alleging it withheld home-video profits from directors of old Hollywood movies, ruling class representative Mark Rydell has standing even if his film is unprofitable by Fox’s calculation.

  • December 17, 2014

    C&J Energy Asks Court To Ax Voting Ban In $2.9B Nabors Deal

    C&J Energy Services Inc. urged Delaware's Supreme Court Wednesday to undo a 30-day injunction preventing the oil field company from holding a shareholder vote on a proposed $2.9 billion merger with the hydraulic fracturing and well-sealing units of Nabors Industries Ltd., saying the Chancery Court erred by ordering the freeze.

  • December 17, 2014

    Westlake Sues Contractors Over Allegedly Deadly Botched Job

    A Houston construction company breached a $400 million contract by botching a Louisiana chlor-alkali plant construction job that injured dozens and killed one worker, according to a complaint filed Tuesday by Westlake Chemical Corp.

  • December 17, 2014

    Highland Seeks $172M From Credit Suisse In Refi Fight

    A Highland Capital Management-managed entity on Wednesday asked Texas jurors to award it $172 million in damages for what it says was fraudulent inducement by Credit Suisse AG brokers to invest in a $540 million loan refinance for a Las Vegas real estate property.

  • December 17, 2014

    Ex-Obermayer Client's Fee Breach Ruling Upheld By Pa. Court

    A Pennsylvania appeals court on Tuesday upheld a decision finding that a former client of Obermayer Rebmann Maxwell & Hippell LLP breached his contract with the firm by failing to pay nearly $400,000 in legal bills connected with a pair of development disputes.

  • December 16, 2014

    Order Impeded Arbitration Appeal In Avandia Fee Fight: Court

    A Texas appeals court on Tuesday reversed a lower court's decision to set aside an order denying Branch Law Firm LLP’s motion to compel arbitration in a dispute over fees from a 2010 Avandia settlement, finding that it interfered with the firm's appeal of the order.

  • December 16, 2014

    Grant & Eisenhofer Slaps Bernstein Liebhard With Fee Suit

    Grant & Eisenhofer PA has launched a suit in a New York federal court accusing another major plaintiffs’ firm, Bernstein Liebhard LLP, of not paying proceeds from a settlement the firms achieved in a multidistrict securities litigation over Fannie Mae's $6.3 billion worth of accounting mistakes.

  • December 16, 2014

    NJ High Court Won't Toss Fox Rothschild Malpractice Suit

    The New Jersey Supreme Court said Tuesday they won't second-guess the revival of a businessman's malpractice suit claiming Fox Rothschild LLP cost him additional compensation when Marsh & McLennan Agency LLC bought his employer, which had previously acquired his insurance brokerage business.

  • December 16, 2014

    Class Says Chrysler's Ram Recall Did More Harm Than Good

    A California consumer class suing Chrysler Group LLC over certain Dodge Ram pickup trucks that suddenly lose steering control argued against dismissal of their suit on Monday, saying that the automaker’s “bungled recall efforts” have damaged consumers repeatedly by offering replacements parts that are as defective as the originals.

  • December 16, 2014

    Verizon, Google Latest To Strike Cross-Licensing Patent Pact

    Google Inc. and Verizon Communications Inc. entered into a long-term cross-licensing agreement that covers a wide array of technologies and products, the companies said Tuesday.

  • December 16, 2014

    Revel Wants Court To Nix 'Burdensome' Energy Agreements

    The owner of Atlantic City's shuttered Revel Casino Hotel asked a bankruptcy judge on Monday to reject energy services and lease agreements with electricity supplier ACR Energy Partners LLC, blasting the pacts from 2011 as unwanted and unduly burdensome.

  • December 16, 2014

    Asbestos Atty Sues 2 Ex-Partners, Claims LLP Is A Lie

    Two personal injury attorneys were hit with a suit in California state court Friday by a former partner claiming the duo owes him a cut of the fees received from asbestos cases he helped prosecute for them and that they improperly represent themselves as having a limited liability partnership.

  • December 15, 2014

    Syntellect Again Fights $4.7M IP Indemnity Loss At 9th Circ.

    Telecom equipment-maker Syntellect Inc. on Monday urged the Ninth Circuit to again toss a $4.7 million judgment for failing to indemnify Southern California Gas Co. in a patent infringement suit, arguing the trial court that reinstated the award ignored evidence that the parties should share liability.

  • December 15, 2014

    GTAT Placates Creditor Worries Over $439M Apple Deal

    The judge presiding over GT Advanced Technologies Inc.’s bankruptcy case approved a modified $439 million settlement with Apple Inc. of the dueling commercial tort claims surrounding the failed sapphire production partnership that drove GT into Chapter 11.

  • December 15, 2014

    Skadden Atty Testifies On Failed $21B J&J-Guidant Merger

    A Skadden Arps Slate Meagher & Flom LLP partner took the stand in New York federal court Monday, saying former client Guidant Corp. didn’t breach a $21.5 billion merger agreement with Johnson & Johnson by providing due diligence to a third party in connection with a competing offer.

  • December 15, 2014

    Kedem Says Ex-Partner Should Be Sanctioned In Patent Spat

    Kedem LLC, which is suing its former business partner Team International Group America Inc. for patent infringement and breach of contract, on Thursday asked a Florida federal court to sanction the kitchenwares maker for failing to produce requested information about product sales in Europe.

  • December 15, 2014

    CLS Again Pushes High Court To Review Iskanian Case

    CLS Transportation Los Angeles LLC has again urged the U.S. Supreme Court to review the California high court's landmark Iskanian ruling, which held that Private Attorneys General Act claims can’t be waived in employment arbitration deals, saying the decision flouts precedent set by the high court's 2011 Concepcion ruling.

  • December 12, 2014

    Bitcoin Mining Hardware Co. Can't Ax Customer Class Action

    A Pennsylvania federal judge on Thursday refused to toss a putative class action accusing a bitcoin mining hardware maker of not delivering its specialized computers, ruling that the jurisdictional requirements for the amount in controversy have been satisfied.

  • December 12, 2014

    Apple Defends $439M GTAT Pact, Fires Back At Creditors

    Apple Inc. on Friday took aim at opponents of its $439 million settlement with bankrupt former partner GT Advanced Technologies Inc., hitting back at creditor criticism and championing the deal as fair for all involved.

Expert Analysis

  • Louisiana Weighs In On Double Derivative Action Debate

    Andrew R. Lee

    In a case of first impression in Louisiana, the state's Fourth Circuit Court of Appeal has recognized the procedural availability of the “double derivative” action, allowing minority members of a parent LLC to bring an action on behalf of the parent's wholly owned subsidiary LLC for wrongful acts against the subsidiary. The ruling follows case law from other states, including Delaware, say Andrew Lee and Brett Venn of Jones Walker LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Option Deals For Biotech: Ensuring They Are Enforceable

    Brian Goldstein

    While many biotech founders and investors believe their scientific efforts will generate substantial value, big pharma is often unwilling to pay significant sums to acquire products before significant derisking is undertaken — to bridge this gap, big pharma and early-stage biotech companies have turned to option deals to accomplish their respective goals, says Brian Goldstein of Choate Hall & Stewart LLP.

  • Exchange Act Does Not Prohibit Big Boy Letters

    Susan F. DiCicco

    Companies weighing the value of no-reliance clauses in agreements have good reason to include them, as federal courts continue to enforce disclaimers of reliance in contracts between sophisticated parties, including in so-called “Big Boy” letters, say Susan DiCicco and Matthew Ladd of Morgan Lewis & Bockius LLP.

  • In-House Forecast For 2015: Past Is Prologue

    Veta T. Richardson

    Taking stock of 2014 trends — from increasing multinational expansion to new anti-corruption laws to major data breaches affecting millions of customers — provides a good opportunity for corporate counsel to renew their focus on a number of issues deserving attention in 2015 and beyond. Consider a few takeaways, says Veta Richardson, president and CEO of the Association of Corporate Counsel.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • What Lawyer-Novelists Learned From Being Lawyers

    Michael H. Rubin

    The consensus that emerged from my discussions with several lawyers who have become best-selling novelists is that the traits it takes to be a great lawyer are invaluable in crafting first-rate mysteries and thrillers. Both thriller authors and lawyers possess a concentrated attention to detail that allows them to create a logical framework for their story, brief or courtroom presentation, says Michael Rubin of McGlinchey Stafford PLLC.

  • Producers Beware: When Waivers And Releases Don’t Work

    Matthew Savare

    One way that producers — especially ones for unscripted TV — try to mitigate their risks is to require all on-screen participants to sign very broad waivers and releases. But will these agreements survive judicial scrutiny? In a recent California appeal, it did not, and the case should serve as a warning to producers everywhere, say Matthew Savare and John Wintermute of Lowenstein Sandler LLP.

  • Time To Reassess Those Arbitration-Only Provisions

    Thomas Daniel McCloskey

    A New Jersey Superior Court ruling in DiSpenziere v. Kushner Cos., where a builder-developer’s arbitration-only provision was deemed unenforceable, will likely be applied in assessing or challenging the enforceability of arbitration-only alternate dispute resolution provisions contained in any type of commercial contract. Transactional attorneys are well-advised to take heed, says Thomas Daniel McCloskey of Fox Rothschild LLP.

  • International Arbitration Is Not Obsolete

    Siegfried Elsing

    Against the backdrop of ongoing Transatlantic Trade and Investment Partnership negotiations between the U.S. and the EU, numerous critics have been questioning the use and usefulness of arbitration. But arbitration offers a neutral forum for settling disputes between trading partners or between an investor and a host state, and has proved itself a thousand times over, say Siegfried Elsing and Karsten Faulhaber of Orrick Herrington ... (continued)