Commercial Contracts

  • July 6, 2015

    Class Attys Blast Objections To Fees In EA, NCAA Deals

    Plaintiffs in a case over allegations of antitrust violations and the improper use of a class of student athletes' likenesses have blasted objections to two settlements totaling $60 million reached with Electronic Arts Inc. and the National Collegiate Athletic Association, saying the objectors fundamentally misunderstand the settlement terms.

  • July 6, 2015

    Corizon Wants Suit Over 18 Stolen Workers To Land In Fla.

    Corizon Health Inc. on Monday asked a Virginia federal judge to transfer to Florida a suit alleging the correctional health care provider stole away 18 employees from health care staffing company NFR LLC, arguing that the case lacks a connection to Virginia.

  • July 6, 2015

    Torre Lentz Survives DQ Bid In Travelers' Bond Dispute

    Torre Lentz Gamell Gary & Rittmaster LLP can continue to represent Travelers Casualty and Surety Co. of America in its suit against DiPizio Construction Co. Inc. over several performance bonds, a New York federal magistrate judge ruled on Monday, saying that the firm isn't representing both sides.

  • July 6, 2015

    Microtel Inns Scores $540K Judgment In Lanham Suit

    Microtel Inns and Suites Franchising Inc. has won a judgment of just over $540,000 in a Lanham Act suit against a franchisee that allegedly flouted a licensing agreement and failed to stop using Microtel's trademarks after it did so because the accused infringer failed to mount a defense.

  • July 6, 2015

    'Arsenio' Producer Can’t Nix Ex-Kimmel Writer’s Fraud Suit

    A California judge refused to toss a $2 million suit filed by an ex-“Jimmy Kimmel Live” writer accusing a producer of "The Arsenio Hall Show" of tricking him into working for cheap, but he said Monday that the writer’s contract claims needed to be “tightened up” in an amended pleading.

  • July 6, 2015

    'Wheel Of Time' Author's Widow, Producers End Slander Row

    The producers of a TV adaptation of Robert Jordan’s “Wheel of Time” fantasy book series have settled their slander suit accusing the author’s widow of ridiculing the pilot that aired days before the producers’ rights were set to expire, according to documents filed in California federal court Thursday.

  • July 6, 2015

    'Throw Golf' Stick Inventor Says Patent Suit Must Live

    The inventor of the throwing apparatus for a game known as "throw golf" has asked a Virginia federal court not to toss its patent suit against a rival sports equipment maker, saying PlusOne Sports LLC is illegally selling products using its technology while refusing to pay up.

  • July 6, 2015

    Ryanair To Sue Hertz Over Ending Rental Supply Contract

    Irish airline Ryanair Ltd. says it plans to file a breach of contract lawsuit against Hertz Global Holdings Inc. for terminating the pair’s relationship late last week over the airline’s use of global distribution booking systems, leaving Ryanair's website without a car rental offering.

  • July 6, 2015

    8th Circ. Raps Pig Farmers' US Bank Forbearance Suit

    The Eighth Circuit on Monday slapped a pig farming couple with sanctions over an appeal in their second suit against U.S. Bank, saying the suit claiming the bank cut off payments to a feed supplier to force the farmers into forbearance on their loans was “frivolously argued.”

  • July 6, 2015

    6-Foot-9 Actress Sued For Breach Of Contract By Ex-Promoter

    Lindsay Hayward, a 6-foot-9 wrestler turned actress who will be featured in a TLC series about tall women, was sued Tuesday in Miami by her former business partner, who claims she violated an agreement they had to promote her work.

  • July 6, 2015

    Knobbe Martens Twisting Facts In DQ Row, Court Told

    Canadian medical device company Neovasc Inc. has again urged a Massachusetts federal court to disqualify U.S.-based Knobbe Martens Olson & Bear LLP from representing its rival in a patent suit, saying the firm has mischaracterized the facts of the case in an attempt to confuse the court and escape disqualification.

  • July 6, 2015

    Ford Helped Steal Machine Design From Bidder, Suit Says

    Ford Motor Co. was hit with a trade secrets suit in Illinois court on Thursday alleging the auto giant shot down Bertsche Engineering Corp.’s bid on a contract for a cutting-edge metal-working machine and then helped the winning bidder steal Bertsche’s design.

  • July 6, 2015

    Travelers Asks Judge To Toss Rest Of Cyber Liability Suit

    Travelers Property Casualty Co. asked a Utah federal judge on Thursday to toss the rest of two insured data companies' claims in a coverage fight, saying that since the court previously ruled Travelers has no duty to defend, the company's other claims fail.

  • July 2, 2015

    3rd Circ. Says Bracewell Can Arbitrate Pa. Malpractice Suit

    The Third Circuit on Thursday ruled that a former client of Bracewell & Guiliani LLP suing the firm for malpractice is bound by equitable estoppel principles to arbitrate her claims even though she didn't sign a written engagement agreement, reversing an order granting her a trial to determine that very issue.

  • July 2, 2015

    CoreLogic Says Zurich's Bond Renewal Snafu Cost It $14M

    Data broker CoreLogic Inc. sued Zurich American Insurance Co. in California federal court Friday, claiming that the insurer's failure to ensure the renewal of a subsidiary's surety bond caused the unit's Utah appraisal management license to be temporarily suspended, costing CoreLogic more than $14 million in lost profits and value.

  • July 2, 2015

    Wolf Hollow Denied El Paso Marketing Contract Damages

    Wolf Hollow I LP cannot recover damages from a contract dispute with El Paso Marketing LP over the supply of natural gas to an electric generation facility in Texas, a Houston appeals court ruled Thursday.

  • July 2, 2015

    Fla. Jury Clears IP Firm Of Malpractice In Legal Fees Flap

    A Florida federal jury on Thursday found in favor of intellectual property firm Stein Law PC on malpractice charges brought by a medical supply company, but rejected a series of counterclaims the firm brought related to alleged contract breaches.

  • July 2, 2015

    Ex-NBA Head Coach Stiffed Talent Agency, Suit Says

    The former head coach for the National Basketball Association's Charlotte, North Carolina, team failed to pay a Creative Artists Agency affiliate $100,000 in commission for managing his career, the agency alleged in a recent New York state court complaint.

  • July 2, 2015

    Travelers Gets Claim Axed In U. Of Iowa Project Fight

    An Iowa magistrate judge ruled Thursday that Travelers Indemnity Co. didn't have to defend a construction subcontractor against the University of Iowa's claim that the subcontractor's faulty work caused it to temporarily lose the use of chilled water pipes, holding that a policy exclusion applies to bar coverage.

  • July 2, 2015

    Android User Moves To Combine Google Privacy Class Actions

    An Android user whose case was found to be different from another class action accusing Google Inc. of providing personal information to app developers without permission told a California federal judge on Wednesday that the cases are now aligned and should be related.

Expert Analysis

  • The Changing Role Of A Reinsurance Contracts Specialist

    Louise Jarvis

    There was a time when a contracts specialist would only get sight of a reinsurance contract long after the underwriter and the broker had finished their negotiations. In recent years though — particularly given the regulatory requirements for contract certainty — the role of the contracts specialist has moved from the back office to the front line, says Louise Jarvis at Hiscox Re.

  • Avoiding Compliance Red Cards After FIFA Scandal

    Jeff Severson

    Sports marketing companies were central to the criminal conduct described in the FIFA indictment, which raises issues about how both sports marketing companies and sponsors can avoid being taken advantage of and steer clear of entering into contracts with organizations that engage in bribery and corruption, say attorneys with Crowell & Moring LLP.

  • Utah Appeals Court Upholds Construction Statute Of Repose

    Adam T. Mow

    Willis v. DeWitt is a substantial victory for design professionals and contractors working in Utah as it provides certainty on when contract-based claims against them can be made and means that potential plaintiffs cannot rely on their own ignorance to extend the period for bringing a claim, says Adam Mow at Jones Waldo Holbrook & McDonough PC.

  • SEC's Warning — Fund Trustees Are Fair Game

    Jay G. Baris

    A recent U.S. Securities and Exchange Commission proceeding against a fund adviser, two independent trustees and an inside trustee reveals the SEC’s focus on the advisory contract renewal process. It is entering the boardroom and scrutinizing in great detail not only the information provided to fund trustees, but also how the trustees evaluate that information, says Jay Baris, chairman of Morrison & Foerster LLP's investment management practice.

  • Franchising And The Internet: New Challenges In The EU

    Mark Abell

    Regardless of the European Union's recent e-commerce sector inquiries and digital single market strategy, it is not uncommon in practice to find restrictions in franchise agreements on Internet sales. However it is clear that various restrictions on Internet selling are all incompatible with — and likely to infringe — competition law, says Mark Abell of Bird & Bird.

  • Hot Environmental Issues In Real Estate Transactions

    Susan P. Phillips

    Since its inception in the 1970s, environmental law with respect to real estate has evolved as our understanding of how contaminants impact human health and the environment has changed. Several areas are important to consider in property transfer or financing transactions, say Katy Ward and Susan Phillips of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Recast Brussels Regulation And EU Gazprom Decision

    Serena Cooke

    By making it clear that the Gazprom case fell to be determined by the Brussels I Regulation and without reference to the Recast Regulation, and by failing to take the opportunity to revisit West Tankers in light of the Recast Regulation, the EU Court of Justice avoided addressing the most controversial aspect of Advocate General Melchior Wathelet's opinion — and has undoubtedly created future problems for itself, say Serena Cooke a... (continued)

  • Inside New ITAR Rules For US Defense Service Providers

    Tamer A. Soliman

    The U.S. Department of State Directorate of Defense Trade Controls has released a proposed rule amending the International Traffic in Arms Regulations with respect to the provision of defense services by U.S. persons working for non-U.S. entities. U.S. employees of unaffiliated non-U.S. companies are disproportionately impacted by this proposed rule, but the rule does not provide a practical path to compliance for such companies, s... (continued)

  • Bad Reviews Could Shut Down Your Hotel Franchise

    Eugene J. Podesta

    The Second Circuit's decision to allow negative guest satisfaction surveys to be used as a basis for termination in HLT Existing Franchise Holding LLC v. Worcester Hospitality Group, makes it easier for franchisers to terminate franchise agreements and still comply with the statutory and common law requirements for good cause or good faith and fair dealing, says Eugene Podesta at Baker Donelson LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)