Commercial Contracts

  • March 26, 2015

    Celeb Chef Wants Chipotle Suit Over Ramen Concept Revived

    British TV chef Kyle Connaughton on Thursday asked a New York appeals court to revive his suit against Chipotle Mexican Grill Inc., which he claimed duped him into a plan to steal the ideas of a prominent chef of a ramen chain, arguing he suffered damages because of lost opportunities.

  • March 26, 2015

    Eckert Seamans Sues Oil Recycling Co. Over Legal Bills

    Eckert Seamans Cherin & Mellott LLC filed suit in Pennsylvania state court on Wednesday aiming to recoup more than $55,000 in legal fees from the owners of a suburban Philadelphia oil recycling business facing an investigation over illegal dumping by the state attorney general’s office.

  • March 26, 2015

    Texas Justices Urged To Rehear Med Mal Arbitration Row

    The Texas Association of Defense Counsel on Wednesday filed an amicus brief to the Texas Supreme Court in support of a deceased nursing home patient's family, asking the high court to reconsider its decision that a state medical malpractice law isn’t an insurance law that would be shielded from the Federal Arbitration Act.

  • March 26, 2015

    CalPERS Broke Deal Over $100M Fund, Appeals Court Told

    Centinela Capital Partners LLC on Thursday urged a California appeals court to revive its suit alleging California Public Employees’ Retirement System broke an oral contract for Centinela to manage a $100 million fund, arguing the deal was an express agreement, not an “agreement to agree,” as a trial court found. 

  • March 26, 2015

    Pre-Suit Missteps Free Credit Suisse From Defective Loan Spat

    A New York judge on Wednesday dismissed a suit against a Credit Suisse AG unit accused of standing behind dodgy loans, saying the loans’ trustee didn’t fulfill all the pre-suit hurdles in the unusual contract.

  • March 25, 2015

    Old Republic's Negligence Claim Stands In Reinsurance Row

    A Florida federal judge on Wednesday refused to toss reinsurer Old Republic National Title Insurance Co.'s negligence claim against First American Title Insurance Co. in a dispute over Old Republic's $3.8 million payment toward a $41 million settlement of mechanic's liens claims lodged against coal plant operator Longview Power LLC.

  • March 25, 2015

    NJ Medical Centers Dodge Charity Hospital's Antitrust Suit

    A federal judge in New Jersey dismissed an antitrust suit brought by charity hospital Deborah Heart and Lung Center against two other medical centers, ruling Deborah failed to prove allegations the defendants tried to edge the hospital out of the market for cardiac patients.

  • March 25, 2015

    Fla. Court Axes Seminole Members' Appeal In Ad Agency Row

    A Florida appeals court has dismissed an appeal by members of the Seminole Tribe of Florida Inc., allowing a South Florida advertising company to pursue its claims over an allegedly broken contract to handle advertising for the tribe and its casinos.

  • March 25, 2015

    Judge Rejects $3.2M PayPal Class Deal Over Held Funds

    A California federal judge on Wednesday rejected a settlement to resolve a putative class action brought by PayPal Inc. customers claiming the online payments processor improperly placed holds on funds in their accounts, saying there were obvious deficiencies in the proposed settlement.

  • March 25, 2015

    NY Judge Punts On $30M HSBC Overdraft Deal, Cites Fed. Suit

    A New York judge on Wednesday refused to immediately give preliminary approval for a $30 million settlement between HSBC Bank USA NA and customers suing the lender over allegedly bogus overdraft fees, saying she’ll wait for further action in related multidistrict litigation pending in federal court.

  • March 25, 2015

    Axis Says PNC Not Covered For $356M Funeral Scam Verdict

    Axis Insurance Co. disclaimed responsibility for a $356 million verdict against PNC Bank NA, saying in a declaratory suit filed in Pennsylvania federal court Tuesday that the verdict — over a predecessor's role in a $600 million insurance scam involving prepaid funeral contracts — isn't covered under Axis' policy.

  • March 25, 2015

    Facebook Accused Of Stealing Data Storage Trade Secrets

    BladeRoom Group Ltd. has hit Facebook Inc. in California federal court with a breach-of-contract suit claiming it stole trade secrets and intellectual property covering the construction of data centers, according to a redacted version of the suit released Wednesday.

  • March 25, 2015

    Trump SoHo Hotel Owners Hit With Suit Over Pay For Services

    The owners of the Trump SoHo Condominium New York were hit with a breach of contract suit in a New York state court on Tuesday alleging they failed to pay one of the hotel’s original developers for continuing services provided and revoked the firm’s office space and other perks in breach of their prior agreement.

  • March 25, 2015

    Jury Rejects Trade Secrets Claims Against Diablo In Chip Row

    A California federal jury on Wednesday rejected claims that Diablo Technologies Inc. owes Netlist Inc. $6.5 million for allegedly selling chips to SanDisk Corp. and IBM Corp. that were based on stolen technology, awarding only $2 for Lanham Act claims, according to Diablo's attorneys.

  • March 25, 2015

    Visa Loses Bid For Docs In Retailer's Data Breach Suit

    A Tennessee federal judge on Wednesday nixed Visa Inc’s bid to compel apparel retailer Genesco Inc to hand over discovery documents in its suit that seeks to recoup $13.3 million in damages assessed after a data breach.

  • March 25, 2015

    Quarles & Brady Can't Dodge Fraud Claims In Investor Row

    A California federal judge on Tuesday trimmed defamation and discrimination claims but left alone fraud and negligence claims in a suit accusing Quarles & Brady LLP of shutting out the only foreign investor of a rubber tire manufacturing company by tricking the other investors into altering the operating agreement to exclude foreign investors.

  • March 25, 2015

    Pa. Chancery Court Wouldn't Dent Delaware's Dominance

    A Pennsylvania state senator’s tentative proposal to establish a chancery court in the state would be a boon for business litigants outside of Philadelphia and Pittsburgh, experts say, but companies aren't likely to begin favoring the state over Delaware for incorporation anytime soon.

  • March 25, 2015

    Morgan Stanley, RBS Stuck With FDIC's United Western Suit

    A Colorado federal judge refused Tuesday to dismiss Morgan Stanley & Co. LLC and RBS Securities Inc. from a Federal Deposit Insurance Corp. suit over their alleged role in the demise of United Western Bancorp Inc., saying the FDIC's claims about the nature of the mortgage-backed securities deals are solid enough to be pursued further.

  • March 25, 2015

    Dominican Republic Fights $50M Default Award At 11th Circ.

    The Dominican Republic asked the Eleventh Circuit to reverse a $50.1 million default judgment for two Miami-based companies alleging breach of an irrigation project contract, arguing Wednesday that the country did not waive sovereign immunity and that a consulate's mishandling of served papers was excusable.

  • March 25, 2015

    Maersk Not Liable In Damaged Cargo Row, 2nd Circ. Affirms

    The Second Circuit on Wednesday affirmed that AP Moller-Maersk A/S can't be held liable under the Interstate Commerce Act's Carmack Amendment for damage to cargo in a train derailment, upholding a lower court's ruling against insurer American Home Assurance Co.

Expert Analysis

  • Implied Easements And Lessons For Landowners

    Sylvia S. Arostegui

    For the first time in more than 50 years, a California appeals court effectively expanded the scope of an express written easement by granting a concurrent implied irrevocable license. Landowners simply can no longer assume that a written agreement will limit the rights of the parties if the factual circumstances would otherwise establish new or additional implied rights, says Sylvia Arostegui of Nossaman LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Avoiding Tax Inefficiencies In M&A Integration

    Elan P. Keller

    The technical provisions of an acquisition agreement turn into harsh reality when the IRS knocks on the doors of a combined taxpayer a couple of years after the transaction closed. The seller is now nowhere to be found, or the IRS combines preclosing audit issues with post-closing issues, which makes the lines of indemnification substantially blurry, says Elan Keller of Kaye Scholer LLP.

  • Beware Attorney Charging Liens On California Real Property

    Jessica Bagdanov

    Charging liens are valid provisions of a fee contract in California, and such “secret” liens take effect and are perfected upon execution of the contract creating the lien. Yet in the context of a bankruptcy case, a Chapter 7 trustee plays a prominent role in the ultimate treatment of the lien with respect to property of the bankruptcy estate, says Jessica Bagdanov of Ezra Brutzkus Gubner LLP.

  • A Brief History Of Subordination And Recharacterization

    Excerpt from Lexis Practice Advisor
    Ira L. Herman

    In this latest excerpt from Lexis Practice Advisor, Ira Herman of Thompson & Knight LLP offers a brief tutorial on the mechanics and history of equitable subordination and recharacterization.

  • The English Examine Multiple Dispute Resolution Clauses

    Elliot E. Polebaum

    Answering a question of first impression in Monde Petroleum SA v. WesternZagros Ltd. — namely whether an arbitration clause survives a subsequent litigation clause — the High Court of Justice in England's decision allows parties to alter their dispute resolution agreement and agree to a different dispute resolution method, say Elliot Polebaum and Helene Gogadze of Fried Frank Harris Shriver & Jacobson LLP.

  • Freeing Trapped Cash In Cross-Border Deals

    Stephen I. Glover

    In cross-border acquisitions, issues about how to deal with target cash often become significantly more complex. Businesses that operate around the world may have cash in several different countries, and regulatory and tax concerns may limit both the seller's and the buyer's ability to transfer cash from one country to another, say Stephen Glover and Jonathan Corsico of Gibson Dunn & Crutcher LLP.

  • An Ongoing Tax Refund Saga For Bank Holding Companies

    Andrew I. Silfen

    The Third Circuit recently waded into the ongoing debate over the ownership of tax refunds generated by a failed bank in FDIC receivership but paid to a failed bank holding company due to the existence of a tax sharing agreement. The decision deepens the circuit court divide regarding this issue, which will likely need to be resolved by the U.S. Supreme Court, say Andrew Silfen and Jeffrey Rothleder of Arent Fox LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.