Commercial Contracts

  • September 4, 2015

    Jury Must Decide $370M Philly Hotel Spat, Ex-Investor Says

    The receiver for a defunct investment partnership claiming that its members were squeezed out of a $370 million hotel project in downtown Philadelphia said Thursday that a slew of disputed facts barred a quick win for defendants in the real estate dispute.

  • September 4, 2015

    Whey Execs Claim Land O'Lakes Just Wants $10M Windfall

    Executives of a whey protein producer accused by Land O’Lakes Inc. of tainting their product with a substance found in animal urine told a Wisconsin federal judge in a motion for summary judgment filed Thursday that the company is chasing a $10 million windfall.

  • September 4, 2015

    FCC's Cable Competition Rule Challenged At DC Circ.

    A pair of national broadcast trade groups has launched a challenge to a Federal Communications Commission rule on competition regulation, telling the D.C. Circuit the agency stepped beyond its bounds when changing the presumption of competition for pricing in local markets.

  • September 4, 2015

    Hot NYC Property Market Squelching Rep And Warranty Talks

    When it comes to competitive bidding wars for top New York properties, the seller-friendly environment often means that negotiations for certain representations and warranties are no longer welcome at the table, experts tell Law360.

  • September 4, 2015

    Vt. Can Back Women Suing Tribal Lender Over Payday Loans

    A Vermont federal judge granted the state’s request Friday to file an amicus brief in support of two women in a proposed class action alleging usurious interest rates were charged at a Native American lending operation, but deferred ruling on the women’s contested request for discovery.

  • September 4, 2015

    Jacoby & Meyers Sued For Outsourcing Casework

    Jacoby & Meyers LLP was smacked with a proposed class action in New Jersey federal court Thursday by a former personal injury client claiming the firm outsourced routine casework to another company without disclosing the additional charges, breaching their retainer agreement.

  • September 3, 2015

    NJ Judge Frees Teen From Israel Skating Group's Contract

    A New Jersey judge has freed a teen from her contract with the Israel Ice Skating Federation over its objections that the matter had to be arbitrated within the sport’s international authority, but said her disputed damages claims must be weighed at trial.

  • September 3, 2015

    Al Gore Hits Al Jazeera With New Claims Over Legal Fees

    Former Vice President Al Gore and his Current TV co-founder launched another lawsuit in Delaware Chancery Court late on Wednesday, aimed at Al Jazeera, seeking to have the Qatari broadcaster cover their legal fees in various disputes per its merger agreement with the defunct cable channel.

  • September 3, 2015

    Fujitsu Unit Gets $2.5M IP Jury Win Upheld, $1.5M In Fees

    A California state judge has affirmed a jury award of about $2.5 million in damages to Fujitsu Ltd. subsidiary Glovia International Inc. over an Actuant Corp. unit’s allegedly unauthorized use of software, and also awarded it $1.5 million in fees and costs.

  • September 3, 2015

    EEOC Says Applebee's Case Supports CVS Pact Suit

    The Equal Employment Opportunity Commission, in its bid to revive its suit over CVS Pharmacy Inc.’s separation agreements, on Thursday highlighted for the Seventh Circuit a ruling in a similar suit against an Applebee's franchisee that supports its ability to bypass pre-suit conciliation in its challenge of the pacts.

  • September 3, 2015

    SuperValu, C&S Urge Arbitration In 8th Circ. Antitrust Row

    SuperValu Inc. and C&S Wholesale Grocers Inc. fought back against a bid by several retail grocers accusing the wholesalers of conspiring to hike prices to keep their consolidated class actions in federal court, telling the Eighth Circuit on Wednesday the retailers were trying to eviscerate valid arbitration agreements.

  • September 3, 2015

    Squire, Sidley Dodge Sanctions In $124M Trade Secrets Row

    A California state judge declined Thursday to toss a $124 million trade secrets suit brought by Grail Semiconductor Co. against Mitsubishi Electric & Electronics USA Inc., but refused to impose sanctions on Mitsubishi and its counsel at Squire Patton Boggs LLP and Sidley Austin LLP, holding she couldn’t discern whether false statements were made at trial.

  • September 3, 2015

    2nd Circ. Asked To Revive High-Speed Trading Cases

    A trader has urged the Second Circuit to revive proposed class actions accusing the New York Stock Exchange, Nasdaq and others of giving high-frequency traders early access to market data, saying a lower court found the claims preempted based on a misreading colored by Michael Lewis’ book “Flash Boys.”

  • September 3, 2015

    5th Circ. Nixes Win For Wow Cafe In Franchise 'Typo' Row

    The Fifth Circuit denied a quick win for owners of the Wow Cafe brand on Thursday, saying it's a question of fact, not law, as to whether a franchise agreement requires Wow to open more Georgia locations, or if that was a typo.

  • September 3, 2015

    Two Former Saab Execs Hit With Forgery Charges

    Two former board members and a former senior official at Saab Automobile AB have been charged with gross forgery and gross misrepresentation, Swedish prosecutors announced Wednesday, saying the indictment is part of a wider investigation into the automaker’s operations.

  • September 3, 2015

    Metal Co. Fights General Dynamics Bid To Dismiss $3.7M Suit

    A bankrupt metal fabrication shop resisted General Dynamics Land Systems Inc.'s dismissal bid in Texas federal court Wednesday, arguing that it's questionable that a valid arbitration agreement exists to resolve its $3.7 million fraud suit alleging the General Dynamics division breached the pair’s contract to build Israeli military tanks.

  • September 2, 2015

    NFL Players, BB&T Settle Negligence Suit Mid-Trial

    A group of six National Football League veterans and Branch Banking & Trust Co. reached an agreement Wednesday to settle the players' multimillion-dollar negligence claims against the bank, bringing an abrupt end to a trial in Miami and a nearly 2-year-old dispute.

  • September 2, 2015

    Mr. Olympia Slams Bankrupt Nutrition Co. In Branding Row

    The company behind the Mr. Olympia bodybuilding competition told a Connecticut bankruptcy judge Wednesday that its bankrupt sponsor Ultimate Nutrition Inc. can’t justify an injunction that would bar other branding deals, arguing its sponsorship sales this year were perfectly permissible and have already wrapped up.

  • September 2, 2015

    Contractor Owes Tribe $7.6M For Deal Changes, Judge Says

    The Flandreau Santee Sioux Tribe is owed $7.6 million by a gaming contractor that breached its management agreement by negotiating certain amendments that improperly reduced the tribe's share of the profits, a tribal court has ruled.

  • September 2, 2015

    Fees Brawl Erupts After BNY Unit Beats $460M Refco Row

    After a jury cleared a Bank of New York Mellon Corp. hedge fund administration subsidiary and its CEO of a $460 million suit over alleged deceptive accounting following disgraced brokerage firm Refco LLC's implosion, the parties this week sparred over the defendants' attorneys' fees bid.

Expert Analysis

  • Welcome To The 'Wild West' Of Calif. Class Actions, Uber

    Daniel H. Handman

    The most unavoidable takeaway of O'Connor v. Uber Technologies Inc. is that independent contractor analysis really is the "Wild West" in California. While the central factor in these types of wage-and-hour cases is the level of "control" exerted by the employer, how one measures that is entirely subjective, say Daniel Handman and Derek Ishikawa of Hirschfeld Kraemer LLP.

  • The Injustice Of Forced Arbitration At Nursing Homes

    Martin S. Kardon

    The introduction of Federal Arbitration Act-sanctioned arbitration agreements during the admissions process for elderly patients at skilled nursing facilities is an emerging and highly controversial trend. The result is chain-owned, for-profit nursing homes are avoiding full accountability at the expense of the elderly and their families, says Kanter Bernstein & Kardon PC's Martin Kardon, chairman of the American Association for Ju... (continued)

  • When A Settlement Agreement Is Silent About Tax

    Lisa B. Petkun

    What happens when settling parties agree that the defendant will pay a specific sum to the plaintiff, and the defendant discovers later that withholding of taxes is required? The Eastern District of Michigan recently ruled on this question, determining which party will suffer the withholding tax burden, says Lisa Petkun of Pepper Hamilton LLP.

  • The Tension Between Corporate Opportunity And Innovation

    Michael W. Peregrine

    In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.

  • 9th Circ. Microsoft FRAND Ruling Ignores Ericsson

    J. Gregory Sidak

    Commentators have overlooked the larger implication of the recent Microsoft Corp. v. Motorola Inc. opinion — the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a reasonable and nondiscriminatory royalty articulated last year in Ericsson Inc. v. D‑Link Systems Inc., says Gregory Sidak, chairman of Criterion Economics LLC.

  • Purchase Price Adjustment Lessons From ATK Dispute

    Daniel R. Avery

    Disputes concerning an M&A target’s financial condition may result in both a post-closing purchase price adjustment and potential indemnification claims by the buyer. A purchase price dispute stemming from Alliant Techsystems Inc.’s acquisition of Bushnell Group Holdings Inc. brings these issues squarely into focus, say attorneys with Goulston & Storrs PC.

  • When Courts Invoke Equitable Tolling In Noncompete Cases

    G. Mark Edgarton

    Two recent district court decisions in Kansas and Washington provide insight regarding the circumstances in which courts may extend the term of a restrictive covenant beyond the time period specified in an employment agreement, say Mark Edgarton and Sophie Wang of Choate Hall & Stewart LLP.

  • NY High Court, 2nd Circ. Are No Friends Of Fracking

    Yvonne E. Hennessey

    Not only have oil and gas operators utterly lost the ability to secure drilling permits to develop shale assets in New York due to a statewide ban, but now the New York Court of Appeals and Second Circuit have compounded this injury by affirming the termination of state oil and gas leases at the expiration of their primary term, says Yvonne Hennessey of Barclay Damon LLP.

  • NLRB's New Joint-Employer Test Is Major Victory For Unions

    Daniel V. Johns

    The National Labor Relations Board's "refined" test determining joint-employer status is a major victory for unions at the bargaining table. Under the new standard, an employer could be deemed a joint employer by merely possessing the latent power to control any terms and conditions of employment, regardless of whether it ever exercises such power, say Daniel Johns and Rogers Stevens of Ballard Spahr LLP.

  • Is There 'Credible Information' Of A CTIPs Violation?


    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.