Commercial Contracts

  • August 22, 2014

    Texas Justices' Broad Waiver For Foreclosure Offset Stays Put

    The Texas Supreme Court said Friday it would not rehear a case it decided earlier this summer, when the court ruled that a real estate loan guarantor had to pay a promissory note balance after having waived his right to offset it.

  • August 22, 2014

    NJ Appeals Court Won't Disturb Real Estate Deposit Row

    A New Jersey appeals court refused on Thursday to revive a fraud and breach of contract suit brought by an investor who lost $500,000 in a potential real estate development deal, saying the agreement governing the transaction clearly stated his deposit was nonrefundable.

  • August 22, 2014

    Corning Doesn’t Infringe DSM Fiber Optics Patents, Suit Says

    Materials science company Corning Inc. sued two Royal DSM subsidiaries in Delaware federal court on Thursday, seeking to invalidate several DSM fiber optics patents that Corning says its longtime supplier has accused it of violating.

  • August 22, 2014

    Argentina Renews Bid To Undo $185M Arbitration At High Court

    Argentina has asked the U.S. Supreme Court to take another look at the long and winding litigation surrounding a $185 million arbitration award to BG Group PLC over a botched investment in an Argentine gas distributor, asserting that the tribunal blatantly ignored legal principles that would have altered its decision.

  • August 22, 2014

    Sutherland To Pay $176K For 'Litigation By Attrition' Plan

    Sutherland Asbill & Brennan LLP on Tuesday was ordered to pay approximately $176,000 in fees by a Georgia state court judge who said the firm's client CDC Software Corp. tried to “litigate to death” its former legal chief who accused the company of breaking an employment contract. 

  • August 22, 2014

    Broker Calls Foul On Argentine Soccer Org's TV Rights Sale

    A Florida broker sued the Asociacion del Futbol Argentino, Argentina's official governing body for soccer, in state court Wednesday for allegedly breaching an exclusive agreement to market television and media rights for AFA by cutting the broker out of a lucrative deal.

  • August 22, 2014

    'Dating Naked' Contestant Says Viacom Showed Too Much

    A contestant on the VH1 reality show “Dating Naked” has hit Viacom International Inc. with a $10 million breach of contract suit, claiming the show broadcast her uncensored pubic area despite repeated promises to blur out her genitals. 

  • August 22, 2014

    Goldman To Pay $3B To Settle FHFA's Toxic-MBS Suit

    Goldman Sachs & Co. said Friday that it has agreed to pay more than $3 billion to settle the Federal Housing Finance Agency's claims that it knowingly sold Fannie Mae and Freddie Mac toxic mortgage-backed securities in the run-up to the housing market collapse in 2007.

  • August 22, 2014

    Pa. Firm Can't Reargue Disgraced Ex-Atty's Arbitration Award

    The Pennsylvania Superior Court has denied Bochetto & Lentz PC’s request for reargument following its decision not to vacate a $124,000 arbitration award over referral fees issued to a former associate who was dismissed for stealing money from clients, the firm and third parties.

  • August 22, 2014

    Rockets Arena Can't Restore $2.5M Award At Texas High Court

    The Texas Supreme Court on Friday refused to reinstate a $2.5 million award the owner of the Houston Rockets’ arena won for an allegedly defective sign that was the centerpiece of its sponsorship by a Toyota dealership.

  • August 22, 2014

    NY Firms' Fees Row Over IPO Securities Suits Hits Court

    Brower Piven APC has hit Harwood Feffer LLP with a suit in New York federal court, alleging Harwood owes the law firm nearly $170,000 in referral fees connected to a consolidated securities action over the late 1990s initial public offerings of dozens of companies.

  • August 22, 2014

    TrialGraphix Sues Competitor FTI Over Employee Poaching

    Litigation consultant TrialGraphix Inc. lobbed a suit Thursday at competitor FTI Consulting Inc., alleging the company schemed to poach its high-ranking employees to gain access to clients and trade secrets and to “decimate” its New York office.

  • August 22, 2014

    NH High Court Says Honda Doesn't Owe Fees In Dealer Row

    The Supreme Court of New Hampshire on Friday nixed a dealership’s bid for attorneys’ fees from American Honda Motor Co. in a row arguing Honda unlawfully imposed chargeback fees on warranty work it performed, saying the automaker didn’t violate the Dealership Act because it didn’t actually charge the requested fee amounts.

  • August 22, 2014

    Texas High Court Lets $125M Tenaska Judgment Stand

    The Texas Supreme Court declined Friday to review its reversal of a $125 million judgment against Tenaska Energy Inc. over the soured sale of a power plant, after Ponderosa Pine Energy LLC argued that Tenaska had waived its right to contest the judgment.

  • August 22, 2014

    Contractor Execs Get Iraqi Security Co.'s Claims Slashed

    A District of Columbia federal judge on Thursday chucked a slew of claims brought by an Iraqi security company against employees of U.S.-based security outfit Torres Advanced Enterprise Solutions LLC in a suit over two federal contracts, ruling the allegations were duplicative or failed to state a claim.

  • August 22, 2014

    Swartz Campbell Can't Get Chartwell DQ'd In Fees Suit

    A Pennsylvania state judge on Thursday elected not to disqualify The Chartwell Law Offices LLP from representing an ex-Swartz Campbell LLC partner accused of failing to pay fees owed to the firm for cases started before he left to join Chartwell.

  • August 22, 2014

    Argentina Blasts Bond Judge's Remarks As Imperialist

    Argentina’s government on Friday accused the New York federal judge overseeing its sovereign debt dispute with hedge funds of making imperialist comments against the nation, after it unveiled a plan to evade U.S. jurisdiction over its government bonds.

  • August 22, 2014

    Korean Co. Says Contractor’s Lies Cost It Bidding Rights

    Aircraft parts supplier ACR Systems Inc. was hit Thursday with suit by Woong Kook Co. Ltd. in Texas federal court, accusing it of failing to deliver on a Korean military supply contract, costing the South Korean company its ability to enter into similar future military contracts.

  • August 22, 2014

    Schlumberger Drops Ex-Employee Breach Of Contract Suit

    A Texas state judge has tossed Schlumberger Technology Corp.'s breach of contract suit against a former high-level employee who had been accused of stealing trade secrets and bolting to rival company Baker Hughes Inc., after the two sides reached a settlement agreement.

  • August 21, 2014

    TD Bank Can't Access Commerce CEO's Emails In IP Fight

    A New Jersey federal judge on Thursday said TD Bank NA can't access most emails between Commerce Bancorp LLC's founder and parties associated with his book, which allegedly infringes TD Bank's copyright, but granted access to the emails not protected under attorney-client privilege.

Expert Analysis

  • 9th Circ. Is Stuck In The '90s On Internet Terms Of Use

    Katherine Gasztonyi

    The Ninth Circuit's recent decision in Nguyen v. Barnes & Noble Inc. relies on the assumption that people don’t know about the existence of website terms of use. That might have made sense in, say, 1996, but this is simply no longer the case, say attorneys with Covington & Burling LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Free And Clear Of Successor Liability Claims

    Christopher Hopkins

    The Delaware bankruptcy court’s holding in the case of Ormet Corp. that the express provisions of Section 363(f) are not trumped by the policy considerations embodied in the Employee Retirement Income Security Act and the Multiemployer Pension Plan Amendments Act should give comfort to debtors and purchasers of assets in a free-and-clear sale, says Christopher Hopkins of Weil Gotshal & Manges LLP.

  • A Clash Of Cultures: Employee Committees In The US

    Douglas A. Darch

    Management should proceed with caution when a union agrees to the establishment of a European-style works council and cedes its bargaining authority to the council because a union is free at any time — including during the term of a collective agreement — to void its agreement without violating U.S. labor laws, say Alexander Wolff and Douglas Darch of Baker & McKenzie.

  • Clarifying Option-To-Purchase Forfeiture Standards

    Noble F. Allen

    The Connecticut Supreme Court in Pack 2000 Inc. v. Cushman tackled the issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purchase a leased property, and the court’s ruling shows that a landlord must not wait until after the tenant’s exercise of its option to raise a noncompliance argument, says Noble Allen of Hinckley Allen & Snyder LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Consider Hearsay Issues Before A Rule 30(b)(6) Deposition

    Susan F. DiCicco

    To avoid the risk of multiple depositions or inadmissible testimony, all counsel should focus prior to a deposition — and before designating a witness — on knowledge and hearsay issues that may arise at Rule 30(b)(6) depositions, say Susan DiCicco and Stephen Scotch-Marmo of Bingham McCutchen LLP.

  • Mixing Noncompetes, Trademark And Ice Cream

    Jonathan Pollard

    It seems fairly evident that former Mister Softee ice cream truck franchisee Dimitrios Tsirkos’ Master Softee trucks were a blatant rip-off of the Mister Softee brand, which made noncompete breach claims against him easy. But remove the trademark infringement from the equation and it’s a totally different ballgame, says Jonathan Pollard of Jonathan Pollard LLC.

  • Medtronic Ruling Creates Hurdles For Antitrust Defendants

    Dionne Lomax

    The Tenth Circuit's recent decision in Lenox MacLaren Surgical Corp. v. Medtronic Inc. raises the bar for defendants in antitrust suits, particularly on the issues of market definition and entry defenses, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.