Commercial Contracts

  • September 27, 2016

    SF Startup Says Italian Tech Cos. 'Subverted' Secrets Row

    A San Francisco-based startup in a heated trade secrets fight with a former CEO who decamped to a rival urged a California federal judge Monday to award it default judgment against the rival's Italian parents, arguing the companies' discovery stonewalling “subverted the integrity” of the suit.

  • September 27, 2016

    Ethicon Says Rival's Suit An Attempt To Nix Poaching Claims

    Johnson & Johnson-owned Ethicon Inc. asked a California federal judge Monday to dismiss a suit brought by rival surgical robotics manufacturer Intuitive Surgical Inc. that seeks to sidestep claims in Ohio state court that it poached Ethicon's customers, saying the California case was an illegal attempt to "forum shop."

  • September 27, 2016

    Utah Co. Must Pay $2M Award Over Dodgy Oil Shipping Plan

    A would-be oil shipper whose suspected smuggling drew scrutiny from Venezuelan authorities must pay a $2 million arbitration award to the owner of a vessel that agreed to carry its mysterious cargo to Panama, a Utah federal judge ruled Tuesday.

  • September 27, 2016

    Calif. Gov Signs Bill To Limit Choice-Of-Law Provisions

    Employers in California can't require workers to arbitrate disputes outside the state starting Jan. 1, according to a bill signed by Gov. Jerry Brown on Sunday that deems choice-of-law provisions in employment contracts illegal.

  • September 27, 2016

    Horizon Owes $76M In Unpaid Claims, NJ Hospitals Say

    Horizon Blue Cross Blue Shield of New Jersey was hit Monday with a federal lawsuit by a network of New Jersey hospitals alleging the insurance company has underpaid or refused to pay just over $76 million for out-of-network medical care reimbursement provided to Horizon insureds, including urgent care patients.

  • September 27, 2016

    NJ Court Clears Path For $1.15B Meadowlands Bond Sale

    A New Jersey state appeals court on Tuesday denied a nonprofit group’s attempt to block the New Jersey Sports and Exposition Authority from issuing $1.15 billion in bonds to pay for construction of the unfinished American Dream mall at the Meadowlands, saying the group’s arguments lacked merit.

  • September 27, 2016

    Medical Implant Co. Can't Secure Defamation Coverage

    Nautilus Insurance Co. doesn't have to defend a medical implant company and its manager against claims that they sought to destroy a former associate's business relationships, a Nevada federal judge ruled Tuesday, finding that the underlying complaint doesn't allege a potentially covered claim for defamation.

  • September 27, 2016

    Texas Judge Strikes Noncompete For Ex-Cameron Exec

    A Texas federal judge on Tuesday held a Cameron International Corp. noncompete is overbroad and unenforceable against one of its key executives in the Middle East who joined competitor FMC Technologies Singapore Pte Ltd.

  • September 27, 2016

    House Votes To Carve Exemption In ACA Individual Mandate

    The House of Representatives voted Tuesday to exempt former customers of failed insurance cooperatives from the Affordable Care Act's individual insurance mandate, despite a veto threat from the White House over the measure's attempt to undercut the administration's signature health care law.

  • September 27, 2016

    JPMorgan Can Bring Soccer Club CEO Into Contract Suit

    JPMorgan Chase Bank NA can name the CEO of a girls' soccer club as a third party in a suit alleging the bank wrongly closed the club’s accounts over a sports betting investigation, a Texas federal judge ruled Tuesday amid a trial.

  • September 27, 2016

    InfoSpan Asks 9th Circ. To Toss Emirati Bank's Appeal

    A U.S. financial technology company urged the Ninth Circuit on Monday not to disturb a federal judge's ruling compelling arbitration in California of a portion of its contract dispute with an Emirati bank, saying the appeal is just the bank's latest avoiding tactic.

  • September 27, 2016

    Sly Stone’s Ex-Manager Cites Atty Misconduct In $2.5M Loss

    Sly Stone's former manager's company urged a California judge Tuesday to toss a jury's award of $2.5 million to the rock and roll legend in their unpaid royalties dispute, arguing there was no evidence supporting the verdict reached because of “jury and attorney misconduct.”

  • September 27, 2016

    Calcutta Court Orders Coal India To Pay Up On Costs Award

    An Indian judge has enforced a costs award issued against Coal India Ltd. by an international arbitral tribunal after a long-running dispute with Canadian Commercial Corp. over a coal mine, saying Coal India hadn't shown how the costs award was contrary to Indian public policy.

  • September 27, 2016

    EcoMed Says Japanese Co. Breached $22M Distribution Pact

    A U.S. medical equipment distributor that claims it lost $22 million when Asahi Kasei Medical Co. failed to hold up its end of a Latin American marketing deal moved its suit against the Japanese manufacturer to Florida federal court Friday. 

  • September 27, 2016

    KBR Seeks Stay Of $1.4B Claim Over Aussie Gas Project

    KBR Inc. asked a Texas federal judge on Monday to pause a $1.4 billion suit brought by an Australian builder that claims it was underpaid on a massive natural gas project, saying that related arbitration proceedings are ongoing and the lawsuit should be halted to avoid clashing outcomes.

  • September 27, 2016

    Ex-Shearson Workers Press Case For Arbitration In 2nd Circ.

    Former Shearson workers seeking $300 million in deferred pay from the Lehman Brothers Inc. trustee told the Second Circuit on Tuesday that they are the only big gorilla left in the massive Chapter 11 and that, therefore, there is no harm to others if a dispute over the priority of their claims is sent to arbitration under a 1985 employment contract.

  • September 27, 2016

    Lieff Cabraser Engle Fee Fight Returned To State Court

    A Florida federal judge on Monday remanded back to state court Lieff Cabraser Heimann & Bernstein LLP’s fee dispute with other plaintiffs firms over a $100 million deal to end hundreds of Engle progeny cases, saying the lawsuit’s relationship to the settlement isn’t strong enough to establish continuing jurisdiction.

  • September 27, 2016

    Energy Logistics Exec Took Trade Secrets To Rival, Suit Says

    Energy logistics company Maxum Petroleum Inc. sued a former senior officer and its competitor Chemoil Corporation Inc. in Connecticut federal court Monday, accusing the ex-employee of stealing trade secrets and moving to the rival company in breach of his contract.

  • September 27, 2016

    Atty To Pay Up For Misconduct In King & Spalding Condo Suit

    Counsel for a California attorney who, along with King & Spalding LLP, was accused in a proposed malpractice class action of botching an underlying action over a never-built Las Vegas condominium, is facing $35,000 in sanctions with a special master’s Monday report on his unreasonable conduct.

  • September 26, 2016

    BIA Says Taking Over Reservation Programs Makes Suit Moot

    The Bureau of Indian Affairs told a Montana federal court on Friday that the agency's decision to take back control of programs that were jointly administered by the tribes on Wyoming’s Wind River Reservation means a lawsuit accusing agency officials of improperly awarding the contracts to one of the tribes is now moot.

Expert Analysis

  • Why Have Lawyers Forgotten About The Middle Class?

    Chas.jpg

    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • How To Monetize 'Internet Of Things' Data

    Thomas A. Walsh

    Because the internet of things generates a massive amount of data, conditions are currently ripe for data monetization. Businesses that wish to profit from such data should first make sure they own the rights to it before taking steps to protect their intellectual property and preserve its value, says Thomas Walsh of Ice Miller LLP.

  • Protect Yourself From Trusts And Estates Malpractice Claims

    Courtney H. Moore

    In order to create a thorough and skilled estate plan, while protecting against possible malpractice claims, an attorney must not only be familiar with complex state and federal law, but must endeavor to understand the client, the dynamics of the client's family, and the client's assets, says Courtney Moore of Chamberlain Hrdlicka.

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.

  • Will You Be Caught In The 'Wrong' Law Or Courts Post-Brexit?

    Gemma Anderson

    The reality is that, until we know what model the U.K. will adopt, the Brexit process is likely to take a long time and it is difficult to predict the impact on any area, including contracting and disputes. That said, there are practical steps that parties revisiting existing contracts or negotiating new ones can take now to better insulate themselves, says Gemma Anderson of Morrison & Foerster LLP.

  • What Employers Should Know About New Ill. Noncompete Law

    James M. Witz

    Illinois' recently enacted Freedom to Work Act prohibits nongovernmental employers from entering into noncompete agreements with low-wage employees. The new law is part of a greater focus by state and federal governments on ensuring the mobility of low-wage workers and preventing potential abuse of noncompete agreements, say Jim Witz and Abiman Rajadurai at Littler Mendelson PC.

  • Managing The Compliance Aspects Of PE Investments

    Francois Hellot

    It can be difficult for a private equity investor to detect potential wrongdoing by the entities or individuals involved in a target’s business. Therefore, when drafting contractual safeguards in a purchase agreement, investors should take measures to shield themselves against both identified and unidentified risks, say attorneys with Dechert LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Guarding Against Privilege Waiver In Federal Investigations

    Elizabeth McGinn

    It's been well over a year since Judge Andrew Peck gently excoriated the legal community for underusing the not-so-new privilege waiver protections of Rule 502(d). While his remarks may have raised awareness, Rule 502 as a whole, together with any potential federal agency regulations concerning privilege waiver, offers little peace of mind to parties subject to government investigations, say attorneys with BuckleySandler LLP.