Commercial Contracts

  • November 21, 2014

    Meat Co. Can't Shake Starbucks Suit Over Ham Sandwiches

    A New Jersey federal judge on Friday rejected a meat distributor’s bid to escape Starbucks Corp.’s $4.8 million suit alleging it supplied bacteria-infected ham for Starbucks’ sandwiches, ruling Hahn Brothers Co. could not apply Maryland’s statute of limitations based on the complaint.

  • November 21, 2014

    Calif. Court Takes On Jurisdiction Dispute In Plavix Suit

    The California Supreme Court has agreed to decide whether state courts have jurisdiction over out-of-state plaintiffs’ claims that Bristol-Myers Squibb Co. falsely advertised its blood thinner Plavix after the U.S. Supreme Court’s landmark Daimler v. Bauman decision.

  • November 21, 2014

    Texas Justices Say Court Misread Gas Contract Ruling

    The Texas Supreme Court held Friday that an appeals court erred in determining it could not review questions about whether Wolf Hollow I LP was owed damages in a contract dispute with El Paso Marketing LP, finding the appeals court misinterpreted an earlier high court ruling.

  • November 21, 2014

    Altair Clinches New Damages Trial In MSC Secrets Fight

    A Michigan federal judge has ordered a new trial on damages in MSC Software Corp.'s case claiming former employees breached confidentiality agreements and misappropriated trade secrets when they left for rival Altair Engineering Inc., calling MSC's $26.4 million damages win “excessive.”

  • November 21, 2014

    Texas High Court Takes On Suit Over Boeing Lease Disclosure

    The Texas Supreme Court said Friday it will hear arguments in The Boeing Co.'s attempt to keep its lease for part of an abandoned Air Force base under wraps after Texas' attorney general said the terms should be disclosed under the Texas Public Information Act.

  • November 21, 2014

    Pandora Isn’t Guaranteed Access To BMI’s Songs, Judge Says

    A New York federal judge on Friday rejected a bid by Pandora Media Inc. to preserve its access to BMI's music catalog regardless of the outcome of a licensing fee trial, denying the Internet radio giant a "license in effect" because it would tie the hands of intervening music publishers including Sony/ATV, among other reasons.

  • November 21, 2014

    AmFin Asks High Court To Review $170M Tax Refund Dispute

    AmFin Financial Corp. has asked the U.S. Supreme Court to review a Sixth Circuit reversal that rescinded a $170 million tax refund sought by the Federal Deposit Insurance Corp., saying the ruling created a circuit split over what property is excludable from a bankruptcy estate.

  • November 21, 2014

    NJ Court Sinks Arbitration Ruling Under High Court Standard

    A New Jersey appeals court on Friday applied a state Supreme Court decision demanding clear language in arbitration provisions to free 22 condominium purchasers from arbitrating their claims that Kushner Cos. and others misled them into joining a waterfront community that wasn't developed as proposed.

  • November 20, 2014

    News Corp. Fights Class Cert. Bid In Ad Monopoly Fight

    News Corp. urged a New York federal judge Wednesday to reject H.J. Heinz Co., Dial Corp. and other consumer goods companies' bid for class certification in a case alleging the media conglomerate monopolized access to in-store advertising, arguing they haven't shown any of the alleged misconduct kept pricing unnaturally high.

  • November 20, 2014

    Atty Must Face Ex-Client's Claim He Botched Surgery Suit

    A New York federal court refused to toss legal malpractice claims against a New York attorney over his alleged mishandling of a medical malpractice suit in which his disfigured client was left without legal recourse against her doctor, a Thursday court filing revealed.

  • November 20, 2014

    United Healthcare Dodges Chiropractor's TCPA Suit

    UnitedHealthcare Inc. on Wednesday ducked a proposed class action brought by a chiropractor alleging violations of the Telephone Consumer Protection Act after an Illinois federal judge said that the chiropractor’s provider agreement stipulated that his complaint had to be arbitrated.

  • November 20, 2014

    J&J, Guidant Trade Barbs In Trial Over Failed $21B Merger

    Guidant Corp. "cheated" by scuttling a $21.5 billion merger agreement with Johnson & Johnson and hooking up with rival Boston Scientific Corp., a lawyer for J&J said in New York federal court Thursday at the start of trial.

  • November 20, 2014

    Sanctions Sought For IP Firm's 'Baseless' $42M Counterclaim

    A Florida diabetes test supply company asked a federal court Wednesday for sanctions against intellectual property law firm Stein Law PC, saying a $42 million counterclaim the firm filed in response to the company’s legal malpractice suit is “baseless” and shows an “indifference to obvious facts.”

  • November 19, 2014

    Walgreen Settles With Rival Over Poached Employees

    Walgreen Co. has resolved its lawsuit against Pharmacy Solutions Inc. over the rival pharmacy's decision to hire away managers from an Idaho business specializing in home infusion therapy that Walgreen acquired months before, according to an order issued Wednesday.

  • November 19, 2014

    Apple Deal Looks Bad For Bankrupt GT, Noteholders Say

    Noteholders of GT Advanced Technologies Inc. objected Tuesday to a settlement between the bankrupt company and Apple Inc., saying “extraordinary allegations” of Apple's anti-competitive dealings in a recently unsealed document raise questions about the fairness of the settlement.

  • November 19, 2014

    Pop-Art Icon Ruscha Fights Landlord Atty Fees In Studio Row

    Pop-art icon Edward Ruscha on Wednesday urged a California appellate panel to throw out $125,000 in attorneys' fees awarded to his ex-landlord after an art-for-tenancy deal went sour, saying he prevailed at trial because a jury awarded the landlord just a fraction of the $1.7 million initially sought.

  • November 19, 2014

    Enterprise, Vanguard Seek OK For $18.9M Airport Fee Deal

    Enterprise Leasing Company-West LLC and Vanguard Car Rental USA LLC, which rents vehicles under the Alamo and National brands, asked a Nevada federal judge Tuesday to approve an $18.9 million settlement to resolve a class action alleging the companies improperly passed on airport concession fees to their customers.

  • November 19, 2014

    Juice Co. Sues Ex-COO For Poaching Workers For Startup

    A raw food, juice and smoothie company accused its former chief operations officer on Tuesday of trying to steal away four top-level managers for his rival startup, alleging in New York state court that the executive offered them equity in the new venture.

  • November 19, 2014

    Stoel Rives Beats Condo Title Row At Ore. Appeals Court

    An Oregon appeals court on Wednesday upheld the dismissal of a suit against Stoel Rives LLP and others that had drawn up documents related to the ownership of property a developer purchased for a condominium project, freeing the defendants from claims they caused the project’s failure.

  • November 19, 2014

    Texas Appeals Court Renews Fracking Contract Dispute

    A Texas appeals court on Tuesday overturned a trial court’s ruling that Matador Production Co. breached a fracking contract with Weatherford Artificial Lift Systems Inc., finding that the lower court should not have granted summary judgment against Matador.

Expert Analysis

  • What You Should Know About Using Drones In California

    If you are a drone manufacturer, operator or enthusiast in California, you will want to know what’s going on in your city because, in the absence of federal and state law, city governments have taken notice of drone use and are starting to take action. 2015 will be an interesting year for drone law, says Steven Miller of Hanson Bridgett LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Key Tactic For Maximizing A Tenant-Favorable Market

    Pamela V. Rothenberg

    Landlords and tenants often forego a detailed letter of intent and go “straight to the lease” in an effort to streamline and expedite their office leasing transactions. However, in today’s tenant-favorable leasing market, a comprehensive letter of intent enhances the tenant’s ability to achieve key economic and other material terms, say Pamela Rothenberg and Christopher Iavarone of Womble Carlyle Sandridge & Rice LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Key Tools For Monitoring Vendor Data Security

    Gregory Stein

    The common denominator of most of the recent high-profile breaches is that they are retail businesses that accept credit cards. Accordingly, as recent guidance from the Payment Card Industry Security Standards Council reminds us, companies that process credit cards should be scrutinizing vendors’ security practices as closely as they review and manage their own practices, says Gregory Stein of Ulmer & Berne LLP.

  • When Do Tribal Leaders Create FCPA Liability?

    T. Markus Funk

    One of the many definitional challenges facing Foreign Corrupt Practices Act practitioners worldwide is under what circumstances traditional authorities, who routinely exercise considerable influence over business matters, qualify as “foreign officials.” This is a particularly apt question for companies seeking to pursue mining interests in Canada, say T. Markus Funk and Barak Cohen of Perkins Coie LLP.

  • Practical Advice For Documenting Conflict Waivers

    Lucian T. Pera

    The increased use of and demand for written conflict waivers means that we need another new skill not widely known when many of us started practicing law, and still virtually never taught in law school — techniques for effectively and appropriately documenting the waiver, says Lucian Pera, a partner with Adams and Reese LLP and former chairman of the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct.

  • Nearing 30, Is Revlon Showing Its Age?

    Mohsen Manesh

    Two recent Delaware Chancery Court decisions — Chen v. Howard-Anderson and Rural Metro Corp. — underscore the expansive reach of Revlon in “sale or change in control” transactions. If Revlon is indeed dwindling, it is happening from outside the pressed edges of corporate law, where competing bodies of business law have emerged, rejecting or dispensing of Revlon as a fiduciary mandate, says Mohsen Manesh of the University of Oregon School of Law.