Commercial Contracts

  • December 7, 2016

    3rd Circ. Wants Whistleblowers' FCA Sharing Deal Unsealed

    The Third Circuit said a lower court wrongly sealed whistleblowers' settlement of litigation over sharing proceeds from the resolution of Medicare and Medicaid billing False Claims Act lawsuits against laboratory companies, citing Wednesday the public's right to such records.

  • December 7, 2016

    House Passes International Insurance Bill In Face Of Veto

    The U.S. House of Representatives passed a bill meant to make the Federal Reserve’s authority to enter into international agreements on insurance standards more transparent, in the face of a White House threat to veto the bill over concerns it would hamstring the president’s foreign negotiations authority.

  • December 7, 2016

    Texas Pipeline Tariff Struck For Favoring Affiliated Shipper

    A Texas appellate court on Wednesday held that Westlake Ethylene Pipeline Corp. can’t impose a tariff on Eastman Chemical Co. for shipping ethylene downstream on its public pipeline, affirming a regulator’s determination the tariff favored an affiliated shipper.

  • December 7, 2016

    Sabre Didn't Force US Air To Sign Contract, Jury Hears

    University of Chicago economist Kevin Murphy told a Manhattan jury Wednesday that Sabre Holdings Corp. “does not have market power” over airlines like US Airways Inc., which claims in a $134 million antitrust suit that it was forced into an anti-competitive contract with the trip-planning giant that pushed air fares higher.

  • December 7, 2016

    Texas Appeals Court Revives $13.5M Judgment In Drilling Row

    A Texas appeals court on Wednesday reinstated a $13.5 million default judgment in favor of an oil and gas investment group over a soured drilling venture, concluding that a trial court wrongly found that the defendants' due process rights were violated because they weren't notified of the judgment.

  • December 7, 2016

    Trump Golf Club Can't Escape Refund Class Action

    A Florida federal judge on Wednesday denied a request by a Donald Trump-owned golf club to reconsider his decision not to dismiss or decertify a refund class action by members of the club's former incarnation, saying he will address the issues when he rules on the August trial.

  • December 7, 2016

    Chase Beats Rental Property Co.'s Fraudulent Charges Suit

    Chase Bank on Monday was relieved of a federal lawsuit brought by a rental property owner who alleged it would not waive fraudulent charges on the company’s business card, after a Illinois federal judge said the suit lacked specificity.

  • December 7, 2016

    Texas Court Nixes TGI Friday's Fees In Airport Eatery Row

    A Texas appellate court has found that TGI Friday's Inc. should not have won a declaratory judgment or associated attorneys' fees as part of a complicated dispute with joint venture partners over franchise locations of the restaurant at Dallas-Fort Worth International Airport because the law doesn't allow for it.

  • December 7, 2016

    NY Firm, Ex-Client Ask 11th Circ. To Fix Jury's Errors

    New York firm Stein Law PC and its former client, a Florida diabetes testing supply company, continued their contentious dispute over $1 million in legal fees before the Eleventh Circuit Wednesday, asking the appeals court to reverse parts of a jury's conflicting verdict.

  • December 7, 2016

    Swartz Campbell Says Chartwell Unfairly Tried To Take It Over

    Philadelphia firm Swartz Campbell LLC asked a Pennsylvania state court judge Monday to find rival Chartwell Law Offices LLP liable for a sweeping scheme to take over its business that went far beyond initial accusations that Chartwell usurped Swartz Campbell's Florida office.

  • December 7, 2016

    9th Circ. Freezes Oracle Copyright Injunction Against Rimini

    Shooting down objections from Oracle USA Inc., the Ninth Circuit has granted an emergency motion from Rimini Street Inc. and stayed a permanent injunction while the software maintenance firm appeals an $88 million copyright trial loss.

  • December 7, 2016

    Duke Must Pay Wind Farm For Unused Power, 7th Circ. Says

    The Seventh Circuit on Tuesday reversed a lower court ruling that allowed a Duke Energy Inc. unit to limit the amount of power bought from an Indiana wind farm, saying the utility can't use wholesale market rule changes that addressed transmission constraints to avoid its contractual obligations.

  • December 7, 2016

    Costa Rica Pineapple Farm Can't Kill $32M Del Monte Award

    A Costa Rican pineapple plantation that supplied fruit to Fresh Del Monte Produce Inc. and was ordered by arbitrators to pay Del Monte $32 million in a contract dispute had its request to annul the award shot down Wednesday, when a Florida federal judge said it didn't raise any good objections to the award.

  • December 7, 2016

    Japanese Ship Owner Says Fla. Co.’s Silence Merits Default

    A Japanese freight shipper asked a New York federal judge Tuesday to grant it a victory by default against a Florida company that it accuses of refusing to submit to arbitration in a dispute over $1.9 million in unpaid bills.

  • December 7, 2016

    NFL Says Ex-Player Is Forum Shopping In Contract Dispute

    The NFL Alumni Association and its president struck back at a former player’s attempt to move his suit to state court, telling a Florida federal judge on Tuesday that the move is blatant forum shopping and would require significant additional expense.

  • December 6, 2016

    Internet Co.’s HK Appeal Of $130M Arbitration Award Fails

    An Indonesian broadband company ordered by arbitrators six years ago to pay $130 million to a Malaysian media group has been handed a defeat by a Hong Kong appeals court, with the judges rejecting PT First Media TBK’s request for a chance to fight enforcement in Hong Kong.

  • December 6, 2016

    Gas Co. Reliance Says Most Of Royalty Suit Must Be Tossed

    A company that holds part of a lease to drill natural gas asked a Pennsylvania federal judge Monday to dismiss large parts of a putative class action alleging it failed to make proper royalty payments outlined in a lease agreement.

  • December 6, 2016

    SBE's Nazarian Heading To Trial Over Miami Hotel Deal

    Sam Nazarian and his SBE Entertainment Group escaped some causes of action in a suit brought by an investor in a Miami hotel project who claimed to have received nothing when the project was sold for $125 million, but will head to trial in California next month over the remaining claims.

  • December 6, 2016

    Pa. Justices Question Nix Of Atty Termination Fee Deals

    Members of Pennsylvania’s highest court on Tuesday questioned a decision that rejected attempts by Angino & Rovner PC to enforce a contingency fee agreement that purportedly entitled the law firm to part of an ex-client’s recovery even after the client hired another attorney to handle his underinsured motorist case.

  • December 6, 2016

    Cameron Drops Noncompete Suit Against Former Exec

    Cameron International Corp. has settled a lawsuit it brought against a former top executive who left to work for a competitor, a resolution reached after a Texas federal judge denied the oilfield services company’s bid to block the man from working for any competitor in the Middle East.

Expert Analysis

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Auto Cos. Should Take Note Of Recent DTSA Case Law

    Jason S. McCarter

    Most automotive businesses create valuable competitive information in today’s economy and so stand to benefit from the Defend Trade Secrets Act and recent case law developments in this area. Although case law is developing, a few recent decisions under the DTSA emphasize the broad reach of the law and a willingness of courts to provide quick relief, say attorneys at Sutherland Asbill & Brennan LLP

  • The Achilles' Heel Of Investor-State Arbitration Awards

    Kenneth Reisenfeld

    The reasoning for the costs award in Philip Morris v. Uruguay was spare, and illustrates a common Achilles’ heel in investor-state awards — the tribunal paid short shrift to the standards applied and the factual and legal bases for its cost allocation determination, say Kenneth Reisenfeld and Joshua Robbins of Baker & Hostetler LLP.

  • DOJ Crackdown On Employee Recruiting And Compensation

    Daniel G. Swanson

    In addition to providing practical guidelines regarding application of federal antitrust laws to hiring practices and compensation decisions, recent guidance from the U.S. Department of Justice and Federal Trade Commission announces a significant shift in enforcement policies with its statement that the DOJ intends to proceed criminally against naked wage-fixing and no-poaching agreements, say attorneys at Gibson Dunn & Crutcher LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • Pros And Cons Of Hot-Tubbing In International Arbitration

    Gilbert A. Samberg

    “Hot-tubbing” of experts — a procedure for the joint presentation of expert testimony — is now regularly considered, although infrequently adopted, in international arbitrations. Soak up the pros and cons of this unusual process with insight from Mintz Levin member Gilbert Samberg.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • The 1234A-B-Cs Of Breakup Fees

    Michael Alter

    M&A agreements often provide for the payment of a breakup fee to the jilted party if a deal falls apart. The IRS recently advised that the payment of a breakup fee should sometimes be characterized as a capital loss under Section 1234A of the Internal Revenue Code. This could increase after-tax costs to the paying party, but accord beneficial capital gain treatment to the receiving party, say attorneys from Fried Frank Harris Shriv... (continued)

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • A Look At The On-Sale Bar: Part 2 — Best Business Practices

    Alex Chan

    After discussing the heated debate in Helsinn surrounding the applicability of the post-America Invents Act on-sale bar to private and secret sales, Alex Chan of Tensegrity Law Group LLP offers several ways to minimize companies’ and inventors’ legal exposure to the on-sale bar for their inventions.