Commercial Contracts

  • August 29, 2014

    Al Jazeera, Gore Duel Over Who's Flouting Chancery Rules

    Al Gore and his Current TV co-founder's suit over Al Jazeera's purchase of the failed network saw a fight about court filing redactions intensify late Thursday, with both sides accusing each other of flouting the Delaware Chancery Court’s rules on confidentiality.

  • August 29, 2014

    Texas High Court To Let Jury Resolve Enbridge Pipe Damages

    The Texas Supreme Court on Friday ruled that a jury should determine whether the damage to a couple’s property by Enbridge Pipelines East Texas LP is temporary or permanent and then calculate damages for the couple based on that finding, according to a decision that reversed the appellate court’s finding.

  • August 29, 2014

    Exxon Ruling Gives Employers More Leeway In Bonus Plans

    The Texas Supreme Court on Friday upheld an Exxon Mobil Corp. plan that stripped a top executive of $5 million in nonvested stock rights when he joined a rival energy firm, paving the way for more employers to use incentive plans to keep top talent in place without running afoul of the state's noncompete laws.

  • August 29, 2014

    Eckert Seamans Pushes To Stay In 'Kids-For-Cash' Fight

    Eckert Seamans Cherin & Mellott LLC struck back Wednesday against a motion seeking the firm's disqualification from defending a Pennsylvania businessman accused of concealing his involvement in Luzerne County's “kids for cash” scandal to induce a business partner to invest in juvenile detention facilities.

  • August 29, 2014

    Legal Recruiter Can Seek Injunction To Block Web Defamation

    The Texas Supreme Court said Friday that a legal recruiter’s former employer can be forced to remove allegedly defamatory Internet postings accusing him of bribing an associate at K&L Gates LLP, but the company cannot be prohibited from making similar statements in the future.

  • August 29, 2014

    Archer & Greiner Wants $1M From Mouthguard Co. For IP Case

    New Jersey firm Archer & Greiner PC has filed suit in Pennsylvania federal court against mouthguard manufacturer Brain-Pad Inc., saying Brain-Pad still owes $1.15 million in legal fees incurred in Archer's successful defense against claims that the company's product infringed on an earlier patent.

  • August 29, 2014

    Avis Customers Win Class Cert. In Reward Fee Suit

    A New Jersey federal judge on Thursday certified a class action accusing Avis Budget Group Inc. of imposing hidden fees on its travel reward program participants and also denied the rental car company’s bid to exclude an expert’s testimony, shooting down Avis’ contention that the expert’s conclusions are unreliable.

  • August 29, 2014

    PE Fund Slams Removal Bid By Limited Partners In Fee Row

    Real estate secondary investing private equity fund Liquid Realty Partners has sued a group of its limited partners, saying that efforts by investors to remove it from its role as general partner to a set of funds is nothing more than an unjust effort to avoid paying $26.5 million in service fees.

  • August 29, 2014

    ICMA Revises Sovereign Bonds To Avoid Another Argentina

    The International Capital Market Association on Friday issued revised guidelines for sovereign debt securities in order to avoid a repeat of Argentina’s long-running fight with holdout creditors, which led to the country’s second default in 13 years.

  • August 29, 2014

    Pa. Wants Out of Foxwood Developer's $50M Adversary Suit

    Pennsylvania told a bankruptcy court Thursday that the bankrupt developer of a planned Foxwoods casino project that fell through in 2010 is now improperly trying to revive a $50 million gaming license dispute with the state and sought dismissal of the debtor's adversary proceeding.

  • August 29, 2014

    Harley-Davidson Bikes Leak Engine Coolant, Suit Says

    Harley-Davidson Inc. was hit Thursday with a putative class action in Illinois federal court, accusing the company of breaching a 24-month, unlimited-mileage written warranty by not repairing an engine defect in certain motorcycle models a buyer says causes the coolant to leak constantly.

  • August 29, 2014

    Stan Lee Media Asks 10th Circ. To Toss Disney Fee Award

    Stan Lee Media Inc. told a Colorado federal court Thursday that it plans to appeal a $240,000 attorneys' fee award handed to Walt Disney Co. in case over the rights to several Marvel superhero characters, adding another twist to the companies’ ongoing legal saga.

  • August 28, 2014

    Domino's Case Shields Franchise Parents, Boosts Industry

    The California Supreme Court’s decision Thursday clearing Domino’s Pizza from a sex harassment case by a franchisee’s ex-worker strengthens the popular franchise business model, in which the franchisor imposes a uniform marketing plan while the franchisee handles the day-to-day operations, by making it tougher for franchisee workers to go after corporate parents in employment disputes, experts say.

  • August 28, 2014

    RE Attys Must Proceed With Caution After Fla. Lien Ruling

    A recent Florida appeals court decision finding that brokers can impose liens on real property and not just sale proceeds to secure their commissions upsets the status quo for commercial real estate transactions in the state and means that attorneys must step up their due diligence before closing deals.

  • August 28, 2014

    Uber Tells Judge To Put Brakes On Drivers' Tips Fight

    Uber Technologies Inc. urged a California federal judge on Thursday to end drivers' proposed contract class action accusing the car service company of tricking passengers into paying a 20 percent tip that isn't fully paid to drivers, arguing there's no evidence the drivers relied on any of Uber's alleged misrepresentations.

  • August 28, 2014

    T-Mobile Seeks 2nd Shot At Axing $7M Verdict In Race Car Row

    T-Mobile USA on Wednesday petitioned the Third Circuit for an en banc hearing after an appellate panel affirmed a $7 million judgment for an automotive racing team in a breach of contract suit and opened the door for a decision that could double the award.

  • August 28, 2014

    Apotex Says Generic Paxil Suit Should Be Tossed

    Apotex Inc. asked a New Jersey federal court to throw out a contract suit against it by rival Mylan Inc., claiming the company can’t show Apotex acted with malice in continuing to sell generic versions of the antidepressant Paxil that it obtained from GlaxoSmithKline PLC.

  • August 28, 2014

    10-Day Termination Triggered Time On Noncompete: Ind. Court

    An Indiana appeals court ruled Thursday that an in-home health care company couldn’t hold a former employee to a two-year noncompete agreement after he was fired for 10 days in 2009, finding the clock had started ticking on the contract even though he was rehired. 

  • August 28, 2014

    Calif. High Court Clears Domino's In Harassment At Franchise

    The owner of a California Domino’s Pizza franchise was the sole employer responsible for handling a sexual harassment complaint in his store, the California Supreme Court ruled on Thursday in a decision that shifted liability away from the pizza chain’s corporate headquarters.

  • August 28, 2014

    Forest City, Skanska Row Halts Work At Brooklyn Modular Site

    Global construction firm Skanska has halted work on the modular residential building at the newly renamed Pacific Park development in Brooklyn, citing a dispute with developer Forest City Ratner Cos., which indicated that it may take legal action to enforce the parties' construction agreement.

Expert Analysis

  • Avoiding And Defending Florida License Tax Audits

    Nathan A. Adams IV

    The Florida Legislature added "licenses" to "leases" and "rentals" of real property as subject to Florida's commercial rental tax in 1986, ostensibly to close a loophole enabling parties to characterize their leases as licenses to avoid taxation. But the Department of Revenue has come to interpret the license tax expansively — to the detriment of hotels and restaurants, say Nate Adams and Jim Ervin of Holland & Knight LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • How To Protect In-House Legal Privilege Internationally

    Martje Verhoeven-de Vries Lentsch

    Many companies regularly communicate with in-house legal advisers all over the globe. Are these communications privileged? By answering five questions, companies and attorneys can perform a high-level, initial assessment of legal privilege protection in a multijurisdictional context, says Martje Verhoeven-de Vries Lentsch of De Brauw Blackstone Westbroek and Haynes and Boone LLP.

  • Jury Is Still Out On Scope Of Arbitration Clauses

    Allan A. Joseph

    Corporate America should take notice of the trend among state courts that is narrowing the scope and reach of arbitration clauses and consider revisiting the engineering behind their protective shield, says Allan Joseph of Fuerst Ittleman David & Joseph PL.

  • Costs To Pension Withdrawal Liability May Change

    Blake C. MacKay

    Board of Trustees of IBT Local 863 Pension Fund v. C&S Wholesale Grocers Inc./Woodbridge Logistics LLC is a departure from how multiemployer pension withdrawal liability has been calculated since the Pension Protection Act was passed and the case may open the door for new challenges that could reduce the amounts owed by withdrawing employers, say Blake MacKay and Emily Hootkins of Alston & Bird LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Texas Agrees, 'I Agree' Clause Can Mandate Arbitration

    Richard Raysman

    If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.

  • Jewel And Its Recent Progeny — What To Do Now

    Mark C. Zebrowski

    Much has been written recently about the unfinished-business doctrine, but what does it all mean for firms that are not planning on going out of business? asks Mark Zebrowski of Morrison & Foerster LLP.