Commercial Contracts

  • November 26, 2014

    Comcast, NHL Fight TV Viewers' Antitrust Class Cert. Bid

    Comcast Corp., the National Hockey League and others accused of colluding to harm competition in sports broadcasting recently asked a New York federal court to deny the plaintiffs’ bid for certification, saying the class was incohesive and internally conflicted, in a brief made public Tuesday.

  • November 26, 2014

    Wachtell Rips Counterclaim By Icahn's CVR In Legal Mal Row

    Wachtell Lipton Rosen & Katz told a New York judge on Monday that CVR Energy Inc.’s counterclaim in the law firm’s suit fighting back CVR's federal malpractice allegations over Carl Icahn’s $2.6 billion takeover of CVR is barred by earlier rulings.

  • November 26, 2014

    Williams-Sonoma, Ex-Employee Settle Trade Secrets Row

    Home retail giant Williams-Sonoma Inc. notified a Tennessee federal court that it has reached a settlement to end litigation with a former employee it had accused of passing confidential business plans and pricing information to competing home goods company Arhaus LLC.

  • November 26, 2014

    Bond Buyers Won't Copy Argentina Holdouts, S&P Says

    Argentina’s apparent defeat in an epic sovereign-debt dispute with a small group of U.S. hedge funds won’t encourage bondholders in future sovereign restructurings to litigate for full repayment instead of accepting negotiated haircuts, a ratings agency said Wednesday.

  • November 26, 2014

    Mitts Law, IT Co. Settle Malpractice Suit Over IBM Suit

    A Pennsylvania information technology company has settled its state court malpractice suit against Philadelphia law firm Mitts Law LLC in which the company accused the firm of bungling a suit against IBM Corp. allegedly worth $100 million.

  • November 26, 2014

    GM Supplier Escapes Breach Suit Over Auto Parts Contract

    A Michigan federal judge freed auto parts supplier PMG Indiana Corp. from a breach of contract lawsuit filed against it for discontinuing a relationship with another supplier when its contract with General Motors Co. ended in 2013.

  • November 25, 2014

    Samsung Can't Put Microsoft Royalty Row On Hold For Appeal

    After denying Samsung Electronics Co.’s bid to send its patent licensing contract dispute to arbitration, a New York federal judge on Tuesday refused to stay the case while Samsung seeks a Second Circuit appeal, ruling Samsung “completely failed” to show it was likely to succeed.

  • November 25, 2014

    2nd Circ. Says Chesapeake $1.3B Bond Buyback Too Late

    A split Second Circuit ruled Tuesday that Chesapeake Energy Corp. couldn’t call back and refinance $1.3 billion in bonds because it moved too late to notify investors, saying the indenture governing the bonds clearly laid out redemption period deadlines.

  • November 25, 2014

    Ex-PilePro CFO Seeks To Disqualify Firm In IP Theft Case

    A former chief financial officer of manufacturing company PilePro LLC, who allegedly left the company and made off with its patents, asked a Texas federal judge Monday to disqualify the company’s attorneys, Shumway Van & Hansen, because the firm represented him while he was still an employee.

  • November 25, 2014

    Helen Of Troy CEO Targets Board In $60M Suit After Ouster

    The founder and longtime CEO of Helen of Troy Ltd. — owner of the Revlon, OXO and Braun brands — sued the company and board members for fraud in Texas state court Monday, alleging they cheated him out of between $40 million and $60 million in separation pay and benefits after groundlessly firing him.

  • November 25, 2014

    Deutsche Trust Wins Time To Refute Quicken In Bad Loan Suit

    A Manhattan judge on Tuesday gave Deutsche Bank National Trust Co. time to address evidence that Quicken Loans Inc. says proves the trust sued too late in its bid to win repayment for allegedly defective Quicken loans that went into investment securities.

  • November 25, 2014

    Morgan Lewis 'Bled' Philly Papers For Fees, Suit Says

    The parent company of Philadelphia’s two major daily newspapers accused Morgan Lewis & Bockius LLP on Monday of improperly siding with one faction in a bitter ownership dispute that erupted in court in 2013, resulting in the company being “bled” for more than $800,000 in legal fees.

  • November 25, 2014

    Sears Wants Knockoff Windshield Blade Suit Wiped Away

    Retailers Sears Holdings Corp. and Big Lots Inc. told an Illinois federal judge on Monday that copyright, fraud and trade secrets claims do not belong in a patent suit accusing the companies of selling knockoff windshield wiper blade connectors, saying the claims have not been adequately pled.

  • November 25, 2014

    Cozen O'Connor Falsely Cited To Secure Loans, Suit Says

    A Pennsylvania woman sued a Philadelphia private equity boutique where she was briefly employed and its counsel in state court, alleging the business and its principals duped her into lending them money for a set of real estate bills by falsely claiming that Cozen O’Connor was co-counsel on the deals.

  • November 25, 2014

    Nossaman Fights DQ Bid In LED Trade Secrets Row

    Nossaman LLP said Monday that it should remain as counsel in a copyright and trade secrets suit for the former controlling stakeholder and CEO of its onetime client — now the plaintiff in the suit — Tivoli LLC, saying its clients already have more privileged information about Tivoli than the firm itself.

  • November 24, 2014

    Fla. Arbitration Dispute Bounced Back To State Court

    A Florida state appeals court ruled Monday that the courts, not an arbitrator, should determine whether plaintiffs who claim their stockbroker showed willful misconduct in losing their money waived their right to arbitrate the dispute when they took it to court.

  • November 24, 2014

    Kmart Tells 5th Circ. Landlord Owes $2.6M Over Floods

    Kmart Corp. on Friday urged the Fifth Circuit to reverse a judgment for the owner of a Mississippi shopping center in a suit seeking more than $2.6 million over a Kmart store's flood damage, saying the district court’s decision “rewrites” the lease.

  • November 24, 2014

    Met Opera Loses Worker Injury Coverage Suit In NY Court

    The New York Court of Appeals ruled Monday that Mt. Hawley Insurance Co. has no obligation to defend the Metropolitan Opera House's owner in a personal injury suit filed by a worker, finding that the Met isn't an additional insured under a painting contractor's comprehensive general liability policy.

  • November 24, 2014

    Applebee's Franchisee Says EEOC Suit Exceeds Its Authority

    Doherty Apple Florida LLC, a major franchisee of Applebee's Restaurants, told a Florida federal court on Friday that the Equal Employment Opportunity Commission overstepped its bounds when it took the company to court over its mandatory arbitration agreement for employees.

  • November 24, 2014

    RE Co. Principal Ducks Liability In $2M Pa. Construction Row

    A Pennsylvania Superior Court en banc panel ruled that a shareholder in a Philadelphia real estate firm couldn’t be held personally liable after the company allegedly failed to pay nearly $2 million in construction bills, saying stakeholders don’t have the same liability as owners under the state’s contractor payment act.

Expert Analysis

  • Are You Ready For Florida's New LLC Law?

    Stefan Rubin

    Exemption from the state’s corporate income tax, coupled with greater flexibility, has led to explosive growth in Florida limited liability companies, especially among venture capitalists, private equity groups and the broader investment community. As of Jan. 1, 2015, all of Florida's nearly 800,000 LLCs will live by new rules — some of which create potential personal liability, says Stefan Rubin, a partner with Shutts & Bowen LLP ... (continued)

  • Self-Help Not The Preferred Way To Address Tax Conflicts

    Jonathan R. Talansky

    Brinkley v. Commissioner, where the U.S. Tax Court ruled that an executive of a company acquired by Google Inc. was required to report a large portion of his merger consideration as ordinary compensation income, underscores the hazards of trying to use a tax return to “undo” what a taxpayer feels is a mistaken tax reporting position taken by another party, says Jonathan Talansky of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Ordinary Course Of Business After An Extraordinary Event

    Neil Whoriskey

    In light of Vice Chancellor Sam Glasscock’s decision in Cooper Tire & Rubber Co. v. Apollo (Mauritius) Holdings, and in particular, the impact of an unqualified obligation to operate in the ordinary course, merger targets may seek more flexibility to respond to extraordinary events that occur following the signing of a merger agreement, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Free Trade, Comity And The Bankruptcy Code

    Debora Hoehne

    The free movement of goods, services, people and capital across territorial boundaries seems to be fertile ground for litigation regarding the enforcement of foreign judgments, as in the case of Elcoteq Inc., where the U.S. Bankruptcy Court for the Northern District of Texas tackled issues of comity and the extraterritorial reach of the automatic stay, says Debora Hoehne of Weil Gotshal & Manges LLP.

  • What You Should Know About Using Drones In California

    If you are a drone manufacturer, operator or enthusiast in California, you will want to know what’s going on in your city because, in the absence of federal and state law, city governments have taken notice of drone use and are starting to take action. 2015 will be an interesting year for drone law, says Steven Miller of Hanson Bridgett LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Key Tactic For Maximizing A Tenant-Favorable Market

    Pamela V. Rothenberg

    Landlords and tenants often forego a detailed letter of intent and go “straight to the lease” in an effort to streamline and expedite their office leasing transactions. However, in today’s tenant-favorable leasing market, a comprehensive letter of intent enhances the tenant’s ability to achieve key economic and other material terms, say Pamela Rothenberg and Christopher Iavarone of Womble Carlyle Sandridge & Rice LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.