Commercial Contracts

  • September 30, 2014

    Pinnacle Restores Distributor's Contract In Suit Settlement

    Pinnacle Foods Group LLC on Monday settled a contract and trade secrets suit in Florida federal court brought by Miami-based distributor Del Valle Brands Inc., agreeing to rescind its termination notices on exclusive Mexico and Caribbean distribution agreements for its various brands, including Duncan Hines.

  • September 30, 2014

    Wax Maker Stuck In Kellogg's Cereal Bag Recall Suit

    A Michigan federal judge refused Tuesday to grant a Canadian wax supplier an early exit from a suit over Kellogg Co.’s allegedly defective cereal liners, saying a jury must decide if the cereal maker can prove warranties were breached in the case.

  • September 30, 2014

    Cargill Wins $9M From Beef Supplier In Tainted Meat Suit

    Cargill Inc. on Monday was awarded a $9 million verdict by a Nebraska federal jury in its dispute with an Omaha, Nebraska-based beef-packing company that it accused of selling it beef products tainted with E. Coli that put Cargill on the hook for $26 million in costs, including victim settlements.

  • September 30, 2014

    Pa. Justices Urged To Bar Extension Of Disputed Gas Lease

    A pair of landowners have urged the Pennsylvania Supreme Court to bar Cabot Oil & Gas Corp. from extending the terms of its natural gas lease as compensation for 30 months of litigation brought by the pair, noting that the company had not made any efforts to drill before and during the dispute.

  • September 30, 2014

    Calif. Gov. Vetoes Bill Seeking To Alter Franchise Deals

    California Gov. Edmund G. Brown Jr. on Monday vetoed a bill that would have given restaurant and retail franchises a leg up against brand companies, arguing that the legislation would wrongfully change the contractual relationship between franchisors and franchisees.

  • September 29, 2014

    Kahn Swick Fights To Keep Abbott Fee Suit In State Court

    Kahn Swick & Foti LLC attacked Spector Roseman Kodroff & Willis PC on Sunday for its efforts to move a fee dispute between the two firms to federal court, arguing the lawsuit over fees from a securities suit against Abbott Laboratories Inc. belongs in Louisiana state court.

  • September 29, 2014

    Engineering Firm Argues Stock Deal Negates $7M Verdict

    An engineering firm asked the Texas Supreme Court on Friday to throw out the $7 million verdict it was slapped with in a stock purchase dispute involving two smaller companies, saying disgruntled shareholders who scored the award are contractually entitled to only a fraction of that amount.

  • September 29, 2014

    Ex-BuckleySandler Atty Must Arbitrate Discrimination Suit

    A former BuckleySandler LLP staff attorney must take his age discrimination claims to arbitration, a District of Columbia federal judge has ruled, saying the lawyer’s allegations he was illegally fired were covered by an arbitration agreement.

  • September 29, 2014

    Argentina Held In Contempt For Debt Bypass Plan

    A New York federal judge on Monday held Argentina in contempt of court for taking steps to evade his orders that bondholders who agreed to debt restructurings can only be paid if holdout hedge funds are also compensated, calling such plans illegal.

  • September 29, 2014

    Trial Consultant, Philly Firm Settle Suit Over Unpaid Bills

    A Chicago-based trial consultant and Gallagher Malloy & Georges PC have settled a Pennsylvania state court suit that alleged that the Philadelphia firm had not paid bills for pretrial and trial services in 2011.

  • September 29, 2014

    Argentina Can't Fight $185M Arbitration Award, Justices Told

    British energy titan BG Group PLC has urged the U.S. Supreme Court to block Argentina's latest bid to undo the company's $185 million investment arbitration award, asserting that the country presents minor factual issues that do not warrant review by the justices, who have already weighed in on the case.

  • September 29, 2014

    Indian Clutch Maker Says Navistar Broke $20M Contract

    Indian auto parts maker Clutch Auto Ltd. on Friday urged an Illinois federal judge to rule that Navistar Inc. breached a contract with the supplier, saying it spent $20 million manufacturing clutches for certain Navistar models, with the company then refusing to compensate Clutch for its work or help sell its inventory.

  • September 26, 2014

    MBIA Lands 2nd Shot At JPMorgan In $168M MBS Suit

    MBIA Insurance Corp. will get another shot at JPMorgan Chase & Co. in its suit over $168 million in payments it had to make to investors in a Bear Stearns-sold mortgage-backed securities trust that busted in the housing collapse, according to a New York state court decision entered Friday.

  • September 26, 2014

    Latham & Watkins Can't Escape Trade Secret, Contract Claims

    A Pennsylvania federal judge on Friday trimmed a lawsuit brought by a legal services consulting group against Latham & Watkins LLP for allegedly breaching a nondisclosure agreement by sharing confidential information with a competitor, dismissing two claims in the case but preserving two others.

  • September 26, 2014

    Calif. PAGA Ruling Flouts Concepcion, Supreme Court Hears

    CLS Transportation Los Angeles LLC has urged the U.S. Supreme Court to review the California high court's landmark Iskanian ruling, which held that Private Attorneys General Act claims can’t be waived in employment arbitration deals, saying the state high court's decision failed to fully implement the precedent set by AT&T Mobility LLC  v. Concepcion.

  • September 26, 2014

    Citigroup Cleared To Make One-Time Argentine Bond Payment

    The New York federal judge overseeing the fight between hedge funds and Argentina over payments on the country’s sovereign debt on Friday said Citigroup Inc. could make a scheduled payment on around $8.4 billion in bonds governed by Argentine law.

  • September 26, 2014

    Judge Denies Sanctions For Shipping Co. In Humana Suit

    A Florida federal judge on Friday refused Humana Inc.’s motion for sanctions against shipping company Transatlantic LLC, which is suing the health insurer over breach of contract claims, deferring the motion until after the case is decided.

  • September 26, 2014

    Attys Hit With $1.7M Suit Over Medical Partnership Row

    Houston litigation boutique Matthews & Associates and a solo practitioner were slapped with a $1.7 million malpractice suit in Texas state court Friday by a former client who says his lawyers bungled litigation over his stake in a medical practice.

  • September 26, 2014

    Cronin Says Rival's Hands 'Unclean' After Remark To Law360

    Cronin Law Firm on Friday blasted Bergmann & Good LLC's sanctions request in a bitter dispute over allegedly defamatory remarks it made following the firms' failed business contract, claiming Bergmann & Good has "unclean hands" because its attorney told Law360 the suit was meritless.

  • September 26, 2014

    Seafood Distributor Accuses Business Partner Of Mutiny

    Living Color Enterprises Inc., the former U.S. distributor of New Era Aquaculture Ltd. marine animal food products, on Friday sued its ex-business partner and two former employees, claiming they conspired to steal Living Color's business away and give it to a competitor.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Beware Tenants' Right To Accommodation In No-Pet Buildings

    Bradley S. Silverbush

    It is important to recognize that notwithstanding a building’s no-pet policy, a tenant is nevertheless entitled to a “reasonable accommodation” where the facts justify the same, says Bradley Silverbush of Rosenberg & Estis PC.

  • A Landlord's Guide To Sublease Consents

    Robert E. Scher

    Several legal issues are typically not addressed in what is often a very short sublease consent document that the tenant and subtenant ask the landlord to execute. However, a landlord should use the consent to address three areas of concern, says Robert Scher of Ober Kaler Grimes & Shriver.

  • How 9th Circ. B&N Case May Impact Website Terms Of Use

    Perry

    As the Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc. demonstrates, for online service providers seeking to minimize the risk that the provisions in their terms of use will be declared unenforceable, the click-through agreement is a much safer bet than the browsewrap agreement, say attorneys with Latham & Watkins LLP.

  • FOIA Is Not Freedom For Plaintiffs To Drug Trade Secrets

    James M. Beck

    Given the prevalence of corporate integrity agreements in the drug and medical device space, Public Citizen v. U.S. Department of Health and Human Services is a victory for industry — companies subject to such agreements will rely on this case when faced with plaintiffs seeking sensitive information with the Freedom of Information Act, says James Beck of Reed Smith LLP.

  • IP Exchange International — The Good, The Bad, The Ugly

    Rodney Miller

    Intellectual Property Exchange International Inc. offers a novel approach for monetizing and licensing a patent portfolio. But with only three offerings available to date, uncertainties remain over its ultimate success in balancing the competing interests of patentees and potential purchasers, say Mitch Stockwell and Rodney Miller of Kilpatrick Townsend & Stockton LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • NM High Court Jeopardizes Standard Royalty Agreements

    Mark S. Barron

    The troubling logic of the New Mexico Supreme Court's decision in First Baptist Church of Roswell v. Yates Petroleum Corp. suggests that the court's reading of the Oil and Gas Proceeds Act may not be limited to the provision requiring interest payments on monies in suspense, says Mark Barron of Baker & Hostetler LLP.

  • In 7th Circ., Parties Are Held To The Terms Of A Bargain

    Stephen M. Proctor

    In the recent case of Southern Financial Group LLC v. McFarland State Bank involving a purchase of distressed loans secured by 19 real properties, the Seventh Circuit took advantage of a "straightforward case" to display its freedom of contract philosophy, particularly for sophisticated commercial parties that are expected to know what they are getting into, says Stephen Proctor of Masuda Funai Eifert & Mitchell Ltd.

  • The Emergence Of P2P Loan Securitizations

    John Timperio

    As more peer-to-peer commercial loan securitization transactions take place, the banks, bondholders and rating agencies involved will likely begin to expect more standardization of the loans themselves, as well as metrics for assessing risk on individual loans that are more quantifiable, standard and transparent, say John Timperio and Mary Bear of Dechert LLP.