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Commercial Contracts
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February 28, 2013
Studio Sues Universal Over Movie Finance Deal Gone Bad
Film company StudioCanal US sued Universal Studios LLC in California court Thursday, accusing it of breaching a contract by failing to pay StudioCanal tens of millions of dollars it claims it’s owed from of a joint venture the companies launched in 1999.
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February 28, 2013
Dickstein Shapiro Sued By Pawnbroker Over $30M In Paintings
A Beverly Hills pawnbroker launched a suit in California state court Tuesday alleging law firm Dickstein Shapiro LLP had provided faulty advice and representation that led to the loss of more than $30 million in paintings which a now-bankrupt art gallery pledged as collateral.
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February 28, 2013
Beth Israel Stalled NYC Whole Foods, $100M Suit Says
Claridge House LLC sought Wednesday to force the Beth Israel Heart Institute out of its Upper East Side location and obtain $100 million in damages, arguing that the medical center failed to vacate the premises when its agreement expired so that Whole Foods Market Group Inc. could move in.
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February 28, 2013
$112M SoHo Property Deal Targeted In 2nd Contract Suit
The owners of a mixed-use building in Manhattan's SoHo district were hit Monday in New York state court with a second breach of contract suit related to the sale of the building, this time with Azad Property Group LLC claiming they botched a $112 million deal with Vornado Realty Trust.
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February 27, 2013
Ex-U Of Miami Fullback Claims Film Producer Stiffed Him
A former University of Miami football player sued documentary filmmaker Billy Corben in Florida state court Monday, saying he was not paid or credited for his contracted work on the 2009 film “The U” made for ESPN.
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February 26, 2013
Viacom's Bundling Violates Antitrust Law, Cablevision Says
Cablevision Systems Corp. said Tuesday that it has slapped Viacom with an antitrust suit in New York federal court, accusing Viacom of unlawfully forcing Cablevision to carry networks customers don't want in order to be able to offer popular channels like MTV and Comedy Central.
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February 25, 2013
Styx Says UMG Label Sailed Away With Download Royalties
Classic rock band Styx has joined the growing chorus of musicians who claim their record labels underpaid royalties for digital downloads, suing UMG Recordings Inc. label A&M Records in Los Angeles court Friday.
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February 22, 2013
Drone Contractor Says PE Firm Poached Info, Employees
In a suit removed to Tennessee federal court Friday, drone manufacturer and defense contractor ISR Group Inc. says two of its former employees plotted to defect to rival company Academi LLC after acquisition talks with a private equity-focused investment group that holds a stake in Academi failed.
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February 22, 2013
Organic Banana Grower Says Tainted Fungicide Ruined Crop
Plantaciones del Norte SA, an organic banana producer in the Dominican Republic, sued the Spanish maker of an organic fungicide and its Florida distributor in state court in Miami, claiming contaminated product cost it millions of dollars in sales and other damages.
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February 21, 2013
Gersten Savage Founder Bilked Partners, Suit Says
Two former Gersten Savage LLP partners sued the defunct law firm and its erstwhile founder Jay M. Kaplowitz in New York state court Wednesday, claiming Kaplowitz misappropriated firm assets and denied equity partnership and compensation promised to partners.
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February 20, 2013
Halliburton Faces $300M Arbitration Over Fracking Secrets
Halliburton Energy Services Inc. was hit with a $300 million arbitration demand by an environmental services firm accusing the oilfield services giant of stealing trade secrets about its fracking liquid treatment operation, despite a nondisclosure agreement between the companies.
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February 20, 2013
Shaub & Williams Sues Augme For $2.2M In IP Row Fees
Shaub & Williams LLP hit Augme Technologies Inc. with a lawsuit in New York federal court Tuesday saying it's owed more than $2.2 million in attorneys' fees for work it performed in several patent infringement disputes after Augme allegedly dumped it for a larger firm.
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February 20, 2013
LA Four Seasons Owner Unfairly Stalling Project, Suit Says
A real estate developer on Tuesday accused the owner of the Four Seasons hotel in Los Angeles of unfairly opposing a luxury condo project slated to go up across the street, despite written agreements and a $15 million payout made in exchange for its cooperation.
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February 19, 2013
Ex-Dewey Partner Sues Barclays Over Firm Capital Loan
A former Dewey & LeBoeuf LLP partner sued Barclays Bank PLC in New York federal court Tuesday over a loan the bank claims he accepted to fund his capital account at the defunct law firm, saying he never took out the loan.
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February 15, 2013
Lehman Sues Spanish Broadcasting Over $29M In Dividends
Lehman Brothers Holdings Inc. targeted Spanish Broadcasting System Inc. on Friday in Delaware court, claiming the radio and TV station operator violated the contract on its preferred shares by taking on massive new debts despite failing to pay $29 million in dividends.
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February 15, 2013
Indiana Univ. Health Misused Trade Secrets, Suit Says
MedAssets Supply Chain Systems LLC on Thursday hit Indiana University Health Inc. with a suit in Indiana federal court, accusing the hospital system of breaching a supply contract and misusing the company’s trade secrets, allowing a rival to unfairly compete against it.
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February 14, 2013
Covidien Sues Former Sales Rep For Jumping To Abbott
Covidien LP sued Abbott Laboratories and a former sales representative in Minnesota federal court Wednesday, accusing the ex-worker of breaching a noncompete clause in her employment agreement by working for Abbott selling similar products in the same geographic territory.
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February 13, 2013
Bad Paint Ruined $40M USAF Job, Container Co. Says
Shipping container manufacturer Sea Box Inc. on Tuesday accused paint maker The Valspar Corp. of sabotaging Sea Box’s $40 million contract with the U.S. Air Force and breaching a contract by hiding the fact that it sold defective paint used to coat more than 5,000 containers.
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February 13, 2013
Chase Customers Sue Over Failed Same-Day Card Payments
Two JPMorgan Chase Bank NA customers slapped the bank with a putative class action in New York federal court on Monday, claiming it charged customers excessive interest when it failed to honor same-day credit card payment transfers from Chase accounts.
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February 12, 2013
Mary Kay Says Michael Kors Broke 'MK' Trademark Pact
Mary Kay Inc. on Friday launched a suit in Texas court, alleging luxury clothing company Michael Kors LLC is using its founder’s initials to promote a competing line of products, violating an agreement the companies struck governing the use of similar trademarks.
Expert Analysis
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6 HIPAA Rule Takeaways For Employers
At approximately one-half the length of "War and Peace," the recently published omnibus final rule can overwhelm in-house employment, benefits and privacy counsel trying to discern the rule’s practical implications for covered entities under the Health Insurance Portability and Accountability Act. Stepping back from this superabundance of detail, employers should review the six big-picture takeaways of this rule, says Philip Gordon of Littler Mendelson PC.
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The Devil Is In 'Where To Disclose' Supply Chain Details
While most compliance and supply chain professionals by now generally appreciate the California Transparency in Supply Chains Act’s objective and basic mechanics, a visit to the homepage of your favorite manufacturer or retailer is likely to reveal that there continues to be a surprising level of confusion over something exceptionally basic: namely, where the disclosure must be announced, say attorneys with Perkins Coie LLP.
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10 Things To Know Before Signing An IT Contract
In response to the health care industry's high demand in information technology products, the market has responded with a plethora of software, active server pages, software as a service and cloud-computing products. However, with these new products on the market, health care companies need to avoid entering into a disadvantageous contract and should review the 10 tips to keep their eye on the ball when acquiring new IT products, says Cynthia Stewart of Frost Brown Todd LLC.
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A Potentially Superior Way To Secure Lease Obligations
While the structure of a letter of credit is more complex than a traditional security deposit, a letter of credit could ultimately prove to be a superior form of security for a landlord over a traditional security deposit and is something a commercial landlord should consider, depending on the subject tenant and the complexity of the underlying transaction, say William Porter and Timothy Haughee of Lowndes Drosdick Doster Kantor & Reed PA.
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7 Resolutions For Legal Industry Marketing In 2013
The New Year is still in its infancy, and there is no better time to craft a list of professional resolutions. To ease into the process, consider seven easy steps for super-charging your marketing and communications efforts in 2013, says Michael Bond of Blattel Communications.
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Junior Lienholders And Cross-Collateralized Loans
For practitioners representing lenders and borrowers, the California Court of Appeal ruling in R.E. Loans LLC v. Investors Warranty of America Inc. presents several important lessons. First and foremost, lenders who want security for multiple loans secured by a single deed of trust must recognize that, absent an agreement to the contrary, each loan will be treated separately with regard to the rights of junior lienholders, says Mark Madnick of Robins Kaplan Miller & Ciresi LLP.
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A Look At 4th Circ.'s Take On Architectural Copyrights
In Charles W. Ross Builder Inc. v. Olsen Fine Home Building, the Fourth Circuit recently clarified what test for architectural copyright infringement it intends for courts under its jurisdiction to apply in similar circumstances. No test applies across the nation. So architectural copyright owners are put to their mettle to register with forethought, taking into account then-current, regional judicial precedents for resolving claims of infringement, says Mitch Tuchman of Womble Carlyle Sandridge & Rice LLP.
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What To Know When Investing In Energy Efficiency
Many financial institutions are trying to figure out ways to invest significant amounts of capital in energy efficiency as government incentives expire for renewable energy. Energy efficiency investments promise attractive financial returns, but potential investors should note the several obstacles to such investments, says James Berger of Chadbourne & Parke LLP.
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A Tenant’s Guide To Operating Expense Escalations
Charging a tenant for its pro rata share of a property’s operating costs is the most common way for a landlord to protect the profit margin that was carefully calculated into the basic rent set when the lease was executed. While this approach may seem straightforward, very often tenants are surprised when they receive the invoice for their share of operating expenses. Tenants should consider a number of steps to minimize exposure to unduly high increases, says Dena Cohen of Herrick Feinstein LLP.
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Preparing Your Witness To Be A Performer
How do we prepare a witness, a layperson having no training in the art of litigation, to give an effective and memorable performance? A number of tips, when incorporated into your practice of law, will surely strengthen your witness's presentation at deposition and trial and the overall merits of your case, says Erika Ronquillo of Marshall Dennehey Warner Coleman & Goggin PC.