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Commercial Contracts
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August 10, 2012
Cozen O'Connor Appeals Judge's Campaign Debt Ruling
Cozen O'Connor on Thursday appealed a Pennsylvania judge's ruling that $500,000 in legal fees Rep. Bob Brady, D-Pa., allegedly owes the firm for his failed 2007 Philadelphia mayoral bid is a campaign expense under city election law that exceeds campaign contribution limits.
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July 31, 2012
San Fran Panel Delays Vote On $2.5B CPMC Hospital Project
A San Francisco panel on Tuesday once again delayed voting on an environmental impact report on California Pacific Medical Center's controversial $2.5 billion hospital development plans, after CPMC agreed to enter mediation with the city.
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July 30, 2012
Comptroller Vows Closer Contract Eye After Apple-MTA Deal
The New York comptroller's office on Monday vowed new legislation to strengthen state contract reviews after a Metropolitan Transportation Authority bid process "severely slanted" toward Apple Inc. allowed the tech giant to move in on a prime lease in Grand Central Terminal.
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July 25, 2012
Rep.'s Debt To Cozen Is Campaign Contribution, Judge Says
The $500,000 in legal expenses Rep. Bob Brady, D-Pa., owes Cozen O'Connor for work on his unsuccessful 2007 Philadelphia mayoral bid is a campaign expense under city election law that exceeds campaign contribution limits, a Pennsylvania judge ruled in a decision made available Monday.
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July 23, 2012
FERC May Up Merchant Transmission Developers' Leverage
The Federal Energy Regulatory Commission on Monday proposed letting merchant transmission project developers bilaterally negotiate contracts for up to 100 percent of their projects' capacity, which would essentially do away with the current process of auctioning off capacity rights.
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July 16, 2012
Cozen Seeks Pay For Work On 2007 Philly Mayoral Race
Cozen O'Connor told a Pennsylvania judge Monday that it should be allowed to recoup nearly $500,000 owed by Rep. Bob Brady, D-Pa., for legal work on his unsuccessful 2007 Philadelphia mayoral bid, arguing that the debt shouldn't count as a campaign expense under city election law.
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July 3, 2012
Calif. Panel Shuts Down 'Anti-Concepcion' Bill
A California judiciary committee on Tuesday struck down a bill that would have countered the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion by ensuring workers could bring class action claims against their employers.
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July 3, 2012
Ill. Workers' Pay Freeze Fight Heads Back To Arbitration
An Illinois judge on Monday sent a dispute between Gov. Pat Quinn and union workers over wage increases back to arbitration, saying more fact-finding needed to be conducted in relation to state funding for the raises.
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June 29, 2012
Law360's Global 20 Firms Open Up New Frontiers
For the second year in a row, Law360 has selected and ranked the 20 law firms with the greatest global reach and expertise.
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June 28, 2012
DC Circ. Ruling Spurs FERC To Rethink Pipeline Rate Cap
The Federal Energy Regulatory Commission said Thursday it would reconsider its decision capping the prices Canadian energy company Enbridge Inc. could charge for use of a recently acquired oil pipeline that runs through Texas, citing an April D.C. Circuit ruling criticizing the commission’s criteria for determining how rates were set in a similar case.
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June 22, 2012
GCs Name Rolls Royce Of Law Firms
A new report based on interviews with corporate counsel has identified the eighteen law firms with the strongest brands in the legal market.
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June 14, 2012
Top NY Dem Backs Bill To Let Doctors Negotiate En Masse
A top New York State Assembly Democrat on Thursday sponsored legislation that would let doctors collectively negotiate with managed care providers, a bipartisan measure that has drawn opposition in the past from insurance giants like UnitedHealth Group Inc. who say such a move is prohibited under federal antitrust laws.
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June 12, 2012
NY Bill Looks To Shine Light On Secret Fracking Deals
A New York state lawmaker on Tuesday floated a bill that would require court approval of nondisclosure agreements between landowners and hydraulic fracturing companies, saying families in other states with fracking concerns have been silenced by court orders or lease agreements.
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May 29, 2012
Time Warner Fights Pause In Enforcement Of Franchise Ruling
Time Warner and the Texas Cable Association on Monday challenged a Texas federal court’s decision to delay implementing a Fifth Circuit ruling that parts of a state cable-franchising statute are unconstitutional until the U.S. Supreme Court can consider an appeal.
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May 29, 2012
Dewey & LeBoeuf Files For Bankruptcy
Following the defection of more than half its partners, debt-ridden Dewey & LeBoeuf LLP filed for bankruptcy Monday night, marking one of the largest law firm collapses in U.S. history.
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May 17, 2012
7th Circ. Upholds Pay Freezes For Ill. State Workers
The Seventh Circuit on Thursday scrapped a lawsuit by Illinois union leaders over pay freezes for 30,000 employees of 14 state agencies, which they claimed violated collective bargaining agreements as well as state and federal law.
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May 4, 2012
Health Insurers Face New Disclosure Rules Under Calif. Bill
The California Assembly passed a bill Thursday that would require health insurers to notify the state Department of Insurance and policyholders before terminating a provider group or hospital contract, despite insurers' criticism that the measure puts a higher regulatory burden on certain insurance products.
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May 4, 2012
Westchester Breached $60M Fair Housing Obligation, Judge Says
A New York federal judge ruled Thursday that Westchester County breached a $60 million 2009 fair housing settlement when the county executive vetoed legislation that sought to ban source-of-income discrimination in Westchester.
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May 4, 2012
Law360 Names Top Female Trial Attorneys
Law360 is proud to announce a new series honoring top female trial attorneys, which highlights the achievements of 15 litigators who have scored landmark victories for their clients while blazing trails in a once male-dominated field and showing that the best man for bet-the-company cases can also be a woman.
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May 3, 2012
NC AG Says New Protections Needed Before Fracking Allowed
More legal protections for landowners leasing oil and gas rights must be put in place before hydraulic fracturing is allowed in North Carolina, according to a report released by the state attorney general’s office Wednesday.
Expert Analysis
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10 Things To Know About OIG's Self-Disclosure Protocol
Recently, the Office of Inspector General released an updated self-disclosure protocol by which health care providers can identify, disclose and resolve situations involving potential fraud. Providers considering the SDP program will now have more specific details to guide their submission but also face stricter requirements, say attorneys with Patton Boggs LLP.
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The ABCs Of Data Center Leasing
Data centers house the computer servers and equipment that allow you to use your computer at work and stream a movie through Netflix, 24 hours a day, seven days a week. With demand continuing to grow for the foreseeable future, this is one of the hottest, but least understood, real property types, says Michael Rechtin of Quarles & Brady LLP.
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Inside The Latest Make-Whole Claim Case
The recent In re School Specialty Inc. decision by the Delaware Bankruptcy Court is consistent with the general trend of allowing make-whole claims when the contractual entitlement is clear and unambiguous, the stipulated amount is not plainly disproportionate to the lender’s potential loss, and the contract was the product of an arms-length negotiation, says David Hillman of Schulte Roth & Zabel LLP.
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FAQs On Franchise Development Insurance
The franchisor-franchisee contractual relationship is one that incites many questions, particularly in terms of insurance. As specific fact patterns and state laws differ, insurers and insureds should use the general principles regarding frequently asked questions of insuring franchise developments as guidelines, says Carl Anthony Maio of Fox Rothschild LLP.
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Parsing The 4th Circ. Stance In Campbell V. Hanover
Almost 50 years after its Decker decision, the Fourth Circuit in Campbell v. Hanover Insurance Co. — In re ESA Environmental Specialists Inc. — has reaffirmed the vitality of the earmarking defense. The decision also allowed the Fourth Circuit to shed light on the contemporaneous exchange for new value defense, say Jason Harbour and Tara Elgie of Hunton & Williams LLP.
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US Airways V. McCutchen Spurs Revision Of ERISA Plans
The U.S. Supreme Court's recent decision in U.S. Airways v. McCutchen should guide the drafting and revising of Employee Retirement Income Security Act plans. Certainly, a plan should protect itself by granting itself reimbursement rights in the beneficiary’s full recovery against a third party, say attorneys with Edwards Wildman Palmer LLP.
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Patent License Challenges As Compulsory Counterclaims
The Federal Circuit's decision in Cummins Inc. v. TAS Distributing Company Inc. is a cautionary lesson to both patent licensors and licensees — a licensee accused of a contractual default may be obliged to challenge the licensed patents, even if it doesn’t want to, says Adrian Mollo of McKenna Long & Aldridge LLP.
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A Closer Look Into Medicare Part B Inpatient Billing
The impact and utility of the Centers for Medicare and Medicaid Services' recent proposed rule is substantially diminished by the time frame in which providers are allowed to resubmit Medicare Part B claims. Because providers often do not receive denials of Medicare Part A claims within one year of the date of service, this deadline would restrict some providers desiring to resubmit Part B claims under the rule’s more permissive framework, say attorneys with Reed Smith LLP.
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9th Circ. Leaves Broughton-Cruz Hanging
The Ninth Circuit decision in Kilgore v. KeyBank NA leaves open the question of whether and to what extent California's Broughton-Cruz rule survives the U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion. It also suggests additional guidance to maximize enforcement of arbitration agreements and class action waivers, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
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5 Arbitration Assumptions That Aren't Always True
Arbitration is often thought to be preferable to litigating in court, and in some circumstances, it may be. Deciding to arbitrate, however, should be the result of a careful analysis of the benefits and disadvantages. That analysis requires examining some common perceptions, say Frank Emory and Rita Davis of Hunton & Williams LLP.