Commercial Contracts

  • August 29, 2016

    Boeing Defends Privileged Docs In $1.2B Contract Fight

    Boeing Co. told an Alabama federal court on Friday that it doesn't have to produce unredacted versions of certain documents in a dispute with Alabama Aircraft Industries Inc. over a nearly $1.2 billion Air Force contract, arguing that the bankrupt company is trying to exploit the documents' initial, inadvertent release.

  • August 29, 2016

    C&J Energy Gets TRO Against Ex-VP Now At Competitor

    A day after C&J Energy Services Ltd. filed a lawsuit seeking court intervention to keep its former senior vice president and general manager from working for a direct competitor, a state district judge in Houston agreed to the request Friday, finding C&J was likely to succeed on its breach claims at trial.

  • August 26, 2016

    Appeals Court Questions Royalty Pact For Beats Headphones

    A California appeals court considering whether to revive claims that Dr. Dre’s Beats Electronics cut the designer behind its first headphones out of royalties for subsequent models asked Friday if the designer’s deal was murky and why a patent on his work also covers another Beats product.

  • August 26, 2016

    Bankrupt Steakhouse Chain Wants Time To Decide NFL Deal

    Bankrupt casual dining chain Logan’s Roadhouse pushed back Friday against the bid by the National Football League’s Tennessee Titans to force it to hurry a decision on whether to reject its sponsorship deal, arguing the case is young and there is no need for such haste.

  • August 26, 2016

    Ugly IP Feud Results In Sanction Call For Counsel

    Witness-coaching by a New York lawyer and repeated instances of bad deposition conduct in a combative trade secrets case violated a court order and justify sanctions, a California magistrate judge said in a Thursday decision.

  • August 26, 2016

    SeaWorld Can't Boot Guest From Annual Pass Deception Suit

    SeaWorld on Friday lost its bid to compel arbitration and dismiss one member from a proposed class action accusing the park of using deceptive language in annual pass contracts after a Florida judge found that the arbitration agreement on one park's website wasn't obvious to the consumer.

  • August 26, 2016

    Goldman Says Forum Issues Doom Fee Advancement Suit

    Goldman Sachs Group Inc. filed a motion to dismiss a fee advancement and indemnification suit Thursday in Delaware chancery court, saying the former executive suing the company agreed to arbitrate any issues in New York courts.

  • August 26, 2016

    Seminoles Say Wells Fargo Can't Dodge Fees In Trust Row

    The Seminole Tribe of Florida again pushed a federal judge Thursday to award it fees in its lawsuit against Wells Fargo over the alleged mismanagement of a $1.4 billion trust for the benefit of the tribe’s minors, blasting the bank’s argument that the judge had already denied the fees bid.

  • August 26, 2016

    Judge Sinks Marine Fuel Shippers' Bid For Payment

    A New York federal court Thursday turned down attempts by two fuel suppliers left with unpaid bills by bankrupt marine fuel shipper OW Bunker A/S to collect their money from the company's banker or the ships they had serviced.

  • August 26, 2016

    Ex-Worker Urges Justices To Decline Raymours Petition

    A former employee of Raymours Furniture Co. Inc. has asked the U.S. Supreme Court to cast a cold eye on the company’s petition for review of a New Jersey court’s invalidation of an arbitration clause in its handbook, saying his age discrimination suit is a “straightforward contract formation case” decided by “black letter contract law.”

  • August 26, 2016

    Globus Investor Suit Lacked 'Factual Allegations,' Judge Says

    A Pennsylvania federal judge threw out a proposed securities fraud class action against medical device maker Globus Medical Inc. and four of its executives Thursday, finding the suit did not adequately allege that 2014 earnings projections fraudulently included revenue from a contract the defendants secretly planned to terminate.

  • August 26, 2016

    Tribe Members Want Final Judgment In Embezzlement Fight

    Paskenta Band members told a California federal judge on Thursday that to protect against their incurring further expenses, he should finalize the dismissal of claims brought against them by ex-tribal officials who themselves are accused by the tribe of a sprawling embezzlement scheme.

  • August 26, 2016

    Oil Magnate Kicks Off Arbitration Over Pricey Rig

    An energy company run by oil magnate Jack Grynberg has asked arbitrators to sanction its British partner in a Cameroon drilling venture for allegedly hiring an unqualified contractor and spending too much to lease a brand-new drilling rig, according to a statement Friday.

  • August 26, 2016

    NY Developer Sues Over 'Shady' Refinancing Agreements

    Ginsburg Development Cos. has sued a real estate financing broker in New York state court, looking to recover at least $15 million and accusing him of lying to get its business and then trying to collect commissions he wasn’t entitled to.

  • August 26, 2016

    Bridgetex Pipeline Says Stampede Energy Owes It $279M

    BridgeTex Pipeline Company LLC filed a lawsuit in state district court in Houston Thursday against a former business partner, Stampede Energy LLC, telling the court that Stampede breached the terms of an agreement to provide crude oil to BridgeTex and now owes it $279 million.

  • August 26, 2016

    Cerner Targets Real Estate In Full Court Press For $63M Award

    Cerner Corp. asked a Washington federal court Thursday to send the medical records technology firm's dispute with a Middle Eastern businessman and his real estate company back to state courts, where Cerner has litigated contract claims concerning a $63 million arbitration award.

  • August 26, 2016

    Texas' C&J Energy Sues Ex-VP Who Left For Competitor

    C&J Energy Services Ltd. on Thursday filed a lawsuit in Houston against its former senior vice president and general manager, telling the court it needed immediate intervention to prevent the former employee from divulging its trade secrets to his new employer — a direct competitor where he now holds a similar leadership position.

  • August 26, 2016

    PwC Reaches Deal Amid $5.5B Taylor Bean Trial

    PricewaterhouseCoopers LLP has reached a midtrial settlement of claims brought by the trustee for Taylor Bean & Whitaker Mortgage Corp. that the accounting giant allegedly made possible a $5.5 billion fraud at the bankrupt mortgage lender, an attorney for the trustee said Friday.

  • August 25, 2016

    Safeway Class Says Sheppard Mullin Stalled Doc Requests

    A class of Safeway customers who took home part of a $96.4 million judgment against the grocery chain for overcharging online shoppers has asked a California federal judge for monetary sanctions, saying Safeway’s former attorneys at Sheppard Mullin Richter & Hampton LLP were negligent in searching for requested documents, delaying their win.

  • August 25, 2016

    No Coverage For Fatal Explosion, Insurers Tell 6th Circ.

    A pair of insurers urged the Sixth Circuit on Thursday to uphold a ruling that they don't have to defend a project engineering firm in a lawsuit over a fatal explosion at a wastewater treatment plant where it supervised upgrades, asserting that an exclusion for claims stemming from the firm's professional services clearly bars coverage.

Expert Analysis

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • New Approach To Pleading Standards From Colo. High Court

    Lino S. Lipinsky de Orlov

    The Colorado Supreme Court's recent decision in Warne v. Hall represents a dramatic change in Colorado pleading standards. The adoption of the “plausibility standard” not only greatly enhances state courts’ authority to dismiss claims that judges perceive as groundless, but will also impact parties’ strategic decisions to file motions to dismiss, say attorneys at Dentons.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • The Experts And Evidence In Case Of Mistaken Artistic Identity

    Daniel A. Schnapp

    One of the most remarkable trials over a disputed artwork ended recently when an Illinois federal judge ruled that the well-known Scottish painter Peter Doig “absolutely did not” paint a work of art that was claimed to be by his hand. Perhaps the plaintiffs’ expert’s lack of familiarity with Doig’s work was instrumental to the judge’s reasoning, says Daniel Schnapp of Fox Rothschild LLP.

  • Considerations When Invoking The Defend Trade Secrets Act

    Nicholas J. Boyle

    Prior to its enactment in May, many questioned the need for the Defend Trade Secrets Act of 2016. However, the DTSA is now law, and it is time to consider how the statute as enacted affects a trade secret owner’s litigation decisions, say Nicholas Boyle, Christopher Manning and Richard Olderman at Williams & Connolly LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • 5 Insurance Issues To Consider In Tech Transactions

    Darren S. Teshima

    Technology services and software companies face a variety of insurance issues while negotiating licenses and other service agreements, particularly in this era of data breaches and cloud computing. There are five primary issues to keep in mind in order to safeguard company success, says Darren Teshima of Orrick Herrington & Sutcliffe LLP.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • More Restrictions On Physician Noncompetes Ahead?

    Lisa A. Zaccardelli

    Recently, several states have followed the trend toward constraining the use of restrictive covenants in agreements with medical practitioners. Although the specific language in the new statutes differs, they all limit employers’ ability to craft restrictive employment contracts, shifting negotiating power back to doctors, say attorneys at Hinckley Allen & Snyder LLP.