Commercial Contracts

  • May 27, 2014

    9th Circ. Frees Hanover From Covering Trade Dress Battle

    The Ninth Circuit held Friday that a lower court correctly tossed Trenches Inc.'s lawsuit against Hanover Insurance Co. over coverage for claims that the kitchen cleaning company infringed the trade dress of its former franchiser, finding a breach of contract exclusion applied.

  • May 27, 2014

    Alterna Dodges Broker's Suit Over Soured Aircraft Deals

    A New York judge on Tuesday dismissed aircraft broker Q Aviation Management LLC’s suit accusing Alterna Capital Partners LLC of reneging on a deal for Q Aviation to facilitate sales of its fleet of large aircraft, finding the broker did not secure concrete offers for the planes.

  • May 27, 2014

    Female Powerbrokers Q&A: Barnes & Thornburg's McGee

    This may seem counterintuitive as career advice, but I advise younger attorneys — both men and women — not to be afraid to slow down and enjoy time with their families. With grown children now, I look back and am so glad I took that time, says Karen McGee, managing partner of Barnes & Thornburg LLP's Washington, D.C., office.

  • May 27, 2014

    5 Insights From MetLife General Counsel Ricardo Anzaldua

    We are focusing closely on the issue of whether insurance companies should be designated “systemically important financial institutions” under the Dodd-Frank Act. This is one of the most significant issues facing MetLife and the industry as a whole right now, says Ricardo Anzaldua, executive vice president and general counsel of MetLife Inc.

  • May 23, 2014

    Class Action Targets TPG-Owned Valerus For Tax Scheme

    Oil and gas service company Valerus Compression Services LP was hit Friday in Texas state court with a proposed shareholder class action accusing it of making phantom income payments to partners after a $500 million purchase agreement with TPG Capital LLC subsidiaries.

  • May 23, 2014

    Westinghouse Hit With $52M Contract Suit Over LCD TVs

    Taiwanese company Pegatron Corp. on Friday hit Westinghouse Digital LLC in California federal court with a breach-of-contract suit accusing it of failing to pay more than $52 million, as well as licensing fees and royalties paid to third-party licensors, for custom-manufactured consumer electronic products, including liquid crystal display televisions.

  • May 23, 2014

    Pa. Judge Can't Nix Retiree Center Deal OK'd In Bankruptcy

    A Pennsylvania judge decided Wednesday that she lacked jurisdiction to void a bankruptcy court-approved settlement agreement that Sovereign Bank NA and HSH Nordbank AG allegedly induced a group of developers to sign concerning a doomed retirement community project, which allegedly cost them $200 million in potential profit.

  • May 23, 2014

    BMW, Dealer's Tax Contract Fight Should Go To Trial: Judge

    BMW of North America Inc. and a Puerto Rican dealership must continue to litigate claims that BMW is contractually obligated to reimburse the dealership for sales and use tax levied on repair parts after a federal court on Friday said there are unresolved factual issues.

  • May 23, 2014

    NCAA Loses Bid To Combine Student-Athlete Publicity Suits

    The National Collegiate Athletic Association lost its bid to streamline two class actions by student-athletes who claim it violated antitrust law or their publicity rights by letting a video game company use their likenesses without compensating them, when a California federal judge on Friday split up the temporarily consolidated cases. 

  • May 23, 2014

    CBS, Hawaii Five-O Creator's Heirs May Dodge Royalties Row

    A California judge on Wednesday tentatively tossed a contract lawsuit brought against CBS Corp. and the late creator of “Hawaii Five-O,” Leonard Freeman, by an agent who represented Freeman and his wife and said he was deprived of tens of millions of dollars from the TV show’s reboot.

  • May 23, 2014

    Dewey Can't Get Arbitration For Couple's Investment Suit

    The Pennsylvania Superior Court on Friday shot down an appeal by a number of law firms and wealth management companies — including the now-defunct Dewey & Leboeuf LLP — that sought to push a lawsuit over an alleged investment scheme into arbitration.

  • May 23, 2014

    6th Circ. Says Z Tech Out Of Time In Lubrizol Antitrust Suit

    The Sixth Circuit on Friday slammed the door on Z Technologies Corp.'s antitrust suit targeting chemical maker Lubrizol Corp.’s acquisition of a rival company's metalworking product line, ruling that ensuing price hikes on anti-corrosives could not prolong the time limits on the company's claims.

  • May 23, 2014

    Texas High Court Refuses $90M Marriott Cost Overrun Suit

    The Texas Supreme Court on Friday declined to revive a suit alleging that Marriott International Inc. misled a real estate investment firm into acquiring a San Antonio-area resort and covering $90 million of its construction cost overruns.

  • May 23, 2014

    Arbitrator's Nixon Peabody Ties Fell $125M Tenaska Judgment

    The Texas Supreme Court on Friday dumped a $125 million judgment against Tenaska Energy Inc. over the soured sale of a power plant, ruling that an arbitrator who approved the award had failed to completely disclose a potentially disqualifying conflict of interest.

  • May 23, 2014

    Developer Of $320M Ice Center Froze Out Partners, Suit Says

    A trio of real estate developers sued their former business partner Thursday for allegedly cutting them out of the $320 million development of an ice sports complex in the Bronx, New York, after they had done the legwork to get the project going.

  • May 23, 2014

    Female Powerbrokers Q&A: Shearman's Antonia Stolper

    In Latin America, I have often walked into the room as the expert and the senior person in charge, and that status has not been challenged on the basis of sex. In the U.S., you sometimes find that bad manners and a sense of entitlement will lead men to behave in ways that aren’t very professional, says Antonia Stolper, head of Shearman & Sterling LLP's capital markets-Americas group and the firm’s Latin America affinity group.

  • May 23, 2014

    Female Powerbrokers Q&A: Keating Muething's Rachael Rowe

    I have found it challenging to think critically and carefully about how we can improve on our internal practices surrounding the development and promotion of women and other minorities while at the same time focusing most importantly on client service and business development, says Rachael Rowe, executive partner and a member of the board of directors at Keating Muething & Klekamp PLL.

  • May 22, 2014

    Wells Fargo Wrongly Charged Attorneys' Fees, $5M Suit Says

    Wells Fargo Bank NA was hit with a proposed class action in California federal court Wednesday accusing the bank of charging mortgage borrowers more than $5 million combined in attorneys’ fees for legal services in bankruptcy proceedings in breach of their contracts.

  • May 22, 2014

    Arnstein & Lehr Adds Construction Law Veteran In Fla.

    Construction law and litigation attorney Gary Brown, who has experience in matters related to contract negotiation, construction defect claims and insurance disputes, has joined Arnstein & Lehr LLP as a partner in its Fort Lauderdale, Florida, office, the firm announced Monday.

  • May 22, 2014

    5 Insights From Hewlett-Packard GC John Schultz

    The impact of increasing trade protectionism popping up around the globe is serious and growing. At HP, we are convinced this damaging trend will have a chilling effect on global IT innovation if it is not reversed, says John Schultz, executive vice president and general counsel for Hewlett-Packard Company.