Commercial Contracts

  • May 27, 2016

    Google-Backed Startup Says Execs Stole Secrets For New Biz

    A virtual reality startup that has received backing from Google, Qualcomm and Warner Bros. has sued two of its former top executives in California federal court, saying the pair stole trade secrets and plotted to start a rival company.

  • May 27, 2016

    Neovasc Ducks Mass. Law Claim In Medical Device IP Suit

    A Canadian biotech firm recently hit with a $70 million verdict in a patent and trade secrets lawsuit won a reprieve on one of the suit’s two pending claims Friday, when a federal judge ruled it wasn’t liable for unfair business practices under Massachusetts law because most of the harm occurred in Canada.

  • May 27, 2016

    Fla. Private Jet Co. On Hook For Predecessor's Atty Fees

    A Florida federal court has issued a ruling that BlackJet Technology Inc., which books private jet charters, must pay attorneys' fees its corporate predecessor owed, and in the process also filled a gap in Florida case law on liability when a company's assets have changed hands.

  • May 27, 2016

    Nationals Want TV Fight With Orioles Sent Back To Arbitration

    The Washington Nationals on Friday again urged a New York state judge to force the Baltimore Orioles and the Mid-Atlantic Sports Network to re-arbitrate before a Major League Baseball committee a long-running dispute over broadcast fees owed by the network, which televises both teams’ games.

  • May 27, 2016

    5th Circ. Overturns Part Of Days Inn Investment Ruling

    The Fifth Circuit vacated part of a Texas district court ruling in a contract dispute between investors in a hotel venture and the venture’s founder Friday, agreeing with the lower court that the individual investors had been released from making payments on a note but saying the company they created had not been.

  • May 27, 2016

    Insurer Sues Atty In Pa. Court Over Unauthorized Settlement

    Global Indemnity and a subsidiary launched a lawsuit in Pennsylvania state court Thursday accusing their former attorney of inking a $200,000 settlement on their behalf without first getting their authorization.

  • May 27, 2016

    Tribal Telecom Co. Makes Post-Trial Push For Sprint Fees

    A telecommunications company controlled by the Crow Creek Sioux Tribe, which Sprint claims demanded payment for patching through an artificially inflated number of calls, urged a South Dakota federal judge Thursday to make Sprint pay $463,000 In connection fees.

  • May 27, 2016

    7th Circ. Tees Up Class Waiver Battle For Supreme Court

    The Seventh Circuit ruled Thursday that arbitration agreements containing class waivers are illegal, adopting the position of the National Labor Relations Board and creating a split with the Fifth Circuit that leaves the issue on the U.S. Supreme Court's doorstep. Here, Law360 takes a look at the winding legal road the hot-button issue has taken to land it a stone's throw away from the high court.

  • May 27, 2016

    Recruiter Not Owed For NFL Star’s $40M Deal, Court Told

    A sports management company and a law firm that represented NFL wide receiver Mike Williams in a $40 million deal with the Tampa Bay Buccaneers told a New York federal court Friday they plan to file a motion to dismiss a suit alleging they stiffed a businessman on recruiting fees.

  • May 27, 2016

    Verizon, Unions Agree To Tentative Deal To End Strike

    Verizon Communications Inc. union members who have been on strike the last 45 days over a nine-month-long contract dispute have reached a deal in principle with the company for a four-year contract, U.S. Labor Secretary Thomas Perez announced on Friday.

  • May 27, 2016

    Chinese Phone Co. Can’t Cite Ericsson Arbitration Loss

    A California federal judge refused Thursday to find that Ericsson Inc. charged a Chinese mobile phone developer an excessive rate for standard-essential patents for wireless technology, saying it would be unfair to apply an arbitration decision issued in a licensing dispute between Ericsson and another company.

  • May 27, 2016

    5 Tips For Energy Cos. Looking To Tap Into Mexico

    While landmark reforms opening up Mexico's energy sector have largely been implemented, energy companies looking to dive into the country's market must be mindful of still uncharted territory, from continually developing regulations to more complicated land use policies. Here, attorneys offer five pieces of advice for energy firms looking to make their mark in Mexico.

  • May 27, 2016

    Dickinson Wright Slams Malpractice Claims In Casino Row

    Dickinson Wright PLLC urged the Seventh Circuit on Thursday to nix four developers' bid to overturn a district court dismissal of their malpractice suit over the firm’s advice regarding federal regulatory approvals to build a Native American casino, arguing the lower court correctly ruled the developers had failed to state a claim.

  • May 27, 2016

    Legal Saga Over $38B ETE, Williams Deal Heats Up

    The legal saga over Energy Transfer Equity LP’s and The Williams Cos. Inc.’s troubled $37.7 billion merger reached the boiling point Friday, with ETE revealing a counterclaim in Delaware state court that contends Williams is actually the one delaying the deal and argues it should be allowed to abandon merger. Here, a Law360 interactive graphic recaps the many twists since Williams spurned ETE’s advances last summer.

  • May 27, 2016

    Texas Justices Say Water Drillers Can't Ignore Land Rights

    Texas’ high court held for the first time Friday that a doctrine requiring oil and gas lessees to accommodate surface owners’ rights also applies to groundwater disputes, favoring a ranch in litigation over whether a Texas city can drill wells to reach a severed groundwater estate.

  • May 27, 2016

    $6M Award In Mining Row Rightly Confirmed, 6th Circ. Told

    A Kentucky coal mine investor has urged the Sixth Circuit to uphold a lower court’s ruling confirming a nearly $6 million arbitral award in a dispute over misleading revenue figures between the mine and a group of Canadian investors.

  • May 27, 2016

    Obermayer Wants Ex-Associate's Bonus Bilking Suit Arbitrated

    Obermayer Rebmann Maxwell & Hippel LLP argued Wednesday that an ex-associate was attempting to skirt arbitration by massively overstating the value of his claim in Pennsylvania state court that firm partners robbed subordinates of potential bonuses by improperly taking credit for their work.

  • May 27, 2016

    Comcast Accused Of Collusion By Pa. Cable Installers

    Comcast told small cable installers to "ramp up" their installation services while knowing it would later fire them in favor of two national installation companies, two contractors alleged in a lawsuit filed in Pennsylvania federal court Thursday.

  • May 27, 2016

    Contract Breach Claims Survive In MasterCard Processor Suit

    A federal judge in New York on Thursday said that a Jordan-based credit card servicer's $75 million breach of contract claims against MasterCard International could move forward in a battle over the cancellation of the relationship between the two companies.

  • May 27, 2016

    Scared Attys Led To Default Judgment, 7th. Circ Told

    An attorney whose corporate client was hit with a default judgment after a Wisconsin federal judge kicked him off the case said he tried to find new counsel to take over, but everyone was too scared of the judge, he told the Seventh Circuit Court of Appeals Friday.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • Tax Lien Sale Avoidance May Depend On The State You're In

    Viscount_Michael_FoxRothschild.jpg

    Owners of foreclosed properties who are seeking to avoid tax lien sales in bankruptcy now face starkly different fates in Pennsylvania as compared to New Jersey, according to a recent Pennsylvania bankruptcy court ruling in the case of Crespo, says Michael Viscount of Fox Rothschild LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Defend Trade Secrets Act: How To Inform Employees

    Jeff Barnes

    The Defend Trade Secrets Act offers many benefits to businesses, including federal question jurisdiction for trade secrets and the ability to recover compensatory damages, punitive damages and attorneys’ fees. However, to obtain the full array of remedies available under the statute, employers must comply with a specific notice requirement, says Jeff Barnes, a partner at Fisher & Phillips LLP.

  • Protecting Your PE Firm From Portfolio Co. Obligations

    Glenn D. West

    It's important to review the basic means and manner through which liabilities otherwise created by portfolio companies and acquisition vehicles can be asserted against a private equity firm or its deal professionals. Knowing why the provisions mitigating these risks were originally developed will hopefully encourage continued vigilance, says Glenn West of Weil Gotshal & Manges LLP.

  • Calif. Asbestos Case Opens Door For Shaky Expert Opinions

    Thomas A. Manakides

    While the California Court of Appeal's holding in Davis v. Honeywell can and should be limited to the specific facts and expert testimony in that case, the decision serves as a warning that courts may not always vigorously enforce their responsibility to screen expert opinions, which could open the door for plaintiffs in asbestos cases to depend on testimony that may not be entirely reliable, say attorneys at Gibson Dunn & Crutcher LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Why Mediations Fail And What To Do About It

    Cecilia H. Morgan

    The standard responses for why mediations fail are “wrong people, wrong time, no joint session,” but in interviews with colleagues and fellow mediators, Cecilia Morgan at JAMS ADR takes a look at other common reasons why mediation are unsuccessful, and the best ways to guide a mediation to a satisfactory conclusion.