Commercial Contracts

  • July 31, 2014

    Texas Appeals Court Says Marketing Worker OK'd Arbitration

    A Texas appeals court on Wednesday said a trial judge wrongly refused to compel arbitration in a dispute between a firm that markets energy contracts and cellphone services, among other products, and a former sales representative who claimed he was cheated out of income.

  • July 31, 2014

    Texas High Court Urged To Revive $57M Marriott Verdict

    A Texas holding company on Wednesday asked the Texas Supreme Court to rethink a decision that struck a $57.3 million verdict entered against a Host Hotels & Resorts Inc. unit for allegedly interfering with the sale of land underlying the Marriott Rivercenter Hotel along San Antonio’s famed Riverwalk.

  • July 31, 2014

    BofA Can't Bill Bankrupt Firm Owners For $60M Award: Judge

    A California judge said Thursday that a $60 million award Bank of America NA and Bank of the West obtained in the federal bankruptcy of Griffin Homebuilding Group LLC does not entitle the banks to collect that debt from the company's individual owners.

  • July 31, 2014

    Argentina Blames US For Debt Talks Failure, Denies Default

    Argentina’s government on Thursday said the collapse of negotiations with hedge funds demanding payment on government bonds was due to the “malpractice” of the U.S. judiciary and denied that it had defaulted on its sovereign debt for the second time in 13 years.

  • July 31, 2014

    Highland Holds Onto $2.8M Atty Fees In Fight With Ex-Exec

    A Texas state judge upheld a jury’s $2.8 million award of attorneys’ fees to Highland Capital Management LP against its former private equity head, who himself recovered $2.6 million from a Highland fund that had been set up for employee bonuses, bringing the long-running court fight to a close.

  • July 31, 2014

    MacAndrews Pushes To Have Renco's JV Claims Tossed

    MacAndrews & Forbes Holdings Inc. tried to convince the Delaware Chancery Court on Thursday to toss several claims lodged by Renco Group Inc., its partner in a venture to produce Humvee military vehicles, that accuse the Ron Perelman-owned company’s subsidiaries of diverting roughly $250 million for themselves.

  • July 31, 2014

    Legal Copy Co. Says Continuant Ignored Bills After $20M Win

    Continuant Inc.’s win over Avaya Inc. in an anti-competition suit came at the expense of a New Jersey litigation copying company, according to a federal lawsuit the company filed Wednesday claiming the information technology support company stopped paying invoices and still owes hundreds of thousands under a contract.

  • July 31, 2014

    Judge Blasts Disney Fee Request As High In Stan Lee Row

    A Colorado federal judge on Thursday awarded the Walt Disney Co. roughly $240,000 in attorneys' fees in an infringement case brought by Stan Lee Media Inc. over the rights to several superhero characters, while saying that its initial fee request “shocks the court’s conscience.”

  • July 31, 2014

    Hedge Fund Manager Wins Appeal Over Failed Oil Co.

    A Texas appeals court on Thursday affirmed a judgment dissolving Playa Oil & Gas GP LLC and ordering its former CEO to pay damages, attorneys' fees and costs related to a failed partnership with a hedge fund manager.

  • July 31, 2014

    McLaughlin & Stern Atty Accused Of Botching Settlement

    A McLaughlin & Stern LLP attorney was sued Wednesday in Connecticut federal court by a woman who claims she was pressured on the basis of bad information to accept a “paltry settlement" from an investment manager who allegedly lost more than $1.5 million of her savings through a Ponzi scheme.

  • July 31, 2014

    Exchanges Claim Immunity From Suits Over Sneak Peeks

    The New York Stock Exchange, Nasdaq and other large exchanges on Thursday told a New York federal judge they are immune from class action lawsuits accusing them of breaching contracts with investors by providing high-frequency traders with advance access to market data.

  • July 31, 2014

    Frost Brown Todd Adds Dickinson Wright Licensing, Film Pro

    Frost Brown Todd LLC has added an attorney from Dickinson Wright PLLC with a strong background in corporate transactions, technology licensing, government compliance and the film industry to its Nashville office, the firm recently announced.

  • July 31, 2014

    LA Burb Hit With Class Action Over Cellphone User Tax

    A putative class of residents from Norwalk, California, sued the city in state court on Tuesday for charging utility user taxes on their cellphone calls.

  • July 30, 2014

    NJ Accounting Firm Can't Duck Liberty's Declaratory Suit

    A New Jersey accounting firm has to face Liberty Insurance Underwriters Inc.’s declaratory suit to end its defense of the firm in professional liability litigation since a New Jersey federal judge ruled Wednesday that diversity of citizenship exists even though both companies have executives in New York.

  • July 30, 2014

    Iskanian Employer To Appeal Arbitration Case To High Court

    CLS Transportation Los Angeles LLC plans to petition the U.S. Supreme Court in hopes of overturning the prohibition on Private Attorney General Act waivers in Iskanian, a landmark California Supreme Court ruling that generally strengthened enforceability of mandatory class waivers in employment arbitration agreements, the company’s attorney told a state judge Wednesday.

  • July 30, 2014

    5 Tips For Food Cos. Looking To Outsource Production

    Food companies that outsource production need to ensure their deals with manufacturing partners contain all the right ingredients and account for concerns such as quality control, labor issues and intellectual property protection. Here, experts provide tips companies should heed to keep these agreements from becoming recipes for disaster.

  • July 30, 2014

    Al Jazeera Tries To Ax Sealed Docs In Settled AT&T Row

    Al Jazeera America LLC urged a Delaware Chancery Court judge to eliminate sealed documents filed in its suit against AT&T Services Inc., saying Wednesday that the order requiring the lion’s share of the contract dispute to be made public should no longer apply now that the case has been settled.

  • July 30, 2014

    Weyerhaeuser Gets Post-$3.3B Merger Retirees Suit Trimmed

    A Delaware federal judge ruled Wednesday that Domtar Corp. is not liable for workers' compensation claims filed before 2011 by retirees of Weyerhaeuser Co., a company that sold its fine paper business to Domtar for $3.3 billion in 2007, ruling that such claims are barred by statute of limitations.

  • July 30, 2014

    McDonald's Sued For Blocking Strip Mall’s Starbucks Lease

    McDonald's Corp. has been hit with a lawsuit for allegedly refusing a West Springfield, Massachusetts, shopping center its right to lease part of the property to Starbucks Corp. because of a noncompete clause in the McDonald’s lease, according to documents filed in Massachusetts federal court on Tuesday.

  • July 30, 2014

    Argentina Headed To Default After Debt Talks Collapse

    Eleventh hour negotiations between the Republic of Argentina and hedge funds demanding full repayment on approximately $1.5 billion worth of government bonds collapsed late Wednesday without a deal, and a court appointed mediator said the country will “imminently" default on its sovereign debt. 

Expert Analysis

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • A Texan Framework For Extending The Economic Loss Rule

    John R. Hawkins

    Incredibly, LAN/STV v. Martin K. Eby Construction Company is the first Texas Supreme Court decision to address the economic loss rule involving the recovery of economic loss in a negligence suit between contractual strangers, providing the court an opportunity to explicate the interaction of the rule and torts, says John Hawkins of Porter Hedges LLP.

  • 4 Termination Considerations Before Signing A Contract

    Susan M. Hartman

    For in-house counsel who are under increasing pressure to "get the deal done" and do more with less, it's important to give due consideration to termination provisions when drafting and negotiating commercial agreements — and there are four questions that shouldn’t be ignored, say Susan Hartman and Emily Lowe of Buchanan Ingersoll & Rooney PC.

  • Twists And Turns For Texas' Health Care Employers

    Robert D. Kilgore

    While Texas has a reputation for being an employer-friendly state, for health care employers it’s a mixed bag as physicians garner special treatment under state law regarding noncompete covenants, says Robert Kilgore of Fisher & Phillips LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • VNA V. Jupiter Reflects Dramatic Shift By Fla. Courts

    Donald J. Hayden

    In Visiting Nurse Association of Florida Inc. v. Jupiter Medical Center, the Florida Supreme Court entered a unanimous decision that falls in line with a growing trend providing further certainty in using arbitration as a speedy and cost-effective vehicle for resolving commercial disputes, say attorneys with Berger Singerman LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Code Trumps Contract In The 5th Circ.

    Debra McElligott

    The Fifth Circuit opinion in Goldsby v. 804 Congress suggests that even where parties agree upon foreclosure-related fees, costs and charges before a bankruptcy, Section 506(b) of the Bankruptcy Code may still trump the provisions of their contract, says Debra McElligott of Weil Gotshal & Manges LLP.