Commercial Contracts

  • February 26, 2015

    NY Judge Uses Stones Lyrics To Sanction Collections Attys

    A New York judge has issued sanctions against four law firms and debt collectors for treating a case in which a judgment was issued seven years ago as active litigation, according to a colorful decision loaded with lyrics from Rolling Stones songs.

  • February 26, 2015

    Fla. Appeals Court Nixes Injunction Blocking Luxury Condos

    A Florida appeals court on Wednesday vacated an injunction barring construction of a sidewalk on a Miami-area island, finding the developer of a planned luxury residence on the adjacent island should have been allowed to intervene as an indispensable party because the injunction effectively blocked that project.

  • February 26, 2015

    Hotel Developer Says Partner Reneged On Project Stake Deal

    Hotel development-management firm Shaner Hotel Holdings Ltd. Partnership has sued a Miami-area property owner, claiming it was cheated out of a 20 percent stake in a project near Miami's Dolphin Mall.

  • February 26, 2015

    Deutsche Bank Rival Denies Raiding Employees

    Financial adviser HPM Partners LLC on Thursday asked a New York judge to quash a Deutsche Bank AG unit’s lawsuit over HPM's purported “wholesale raid” of the lender’s chief investment office and wealth management division, saying there was nothing improper about its overtures to Deutsche Bank’s workers.

  • February 26, 2015

    Macy's Win Over JC Penney In Martha Stewart Spat Affirmed

    A New York appeals court on Thursday revived two claims against J.C. Penney Co. Inc. and affirmed that the retailer unlawfully interfered with an exclusive contract between Macy’s Inc. and Martha Stewart Living Omnimedia Inc., a decision that could increase J.C. Penney's liability in the case.

  • February 26, 2015

    3rd Circ. Keeps Carlyle Investor Battle In Delaware Court

    An investment fund controlled by a Dutch investor must pursue its breach of contract claims against Carlyle Investment Management LLC in Delaware state court even though the fund never signed the contract requiring the dispute to take place there, the Third Circuit ruled Wednesday.

  • February 26, 2015

    Ill. Judge Axes German Auto Parts Co.’s HD Radio Patent Suit

    An Illinois federal judge on Thursday killed a German automotive supplier’s suit seeking a declaration it doesn’t infringe patents for high-definition radio, ejecting all of the suit’s federal claims and declining to exercise jurisdiction over the suit’s six remaining claims, which concern contracts currently being litigated in state court.

  • February 26, 2015

    Steven Tyler Atty Can’t SLAPP Away Agent’s Suit: Calif. Court

    Communications between a lawyer for Steven Tyler and an “American Idol” representative over the Aerosmith rocker’s contract negotiations are not protected speech, a California appeals court ruled on Wednesday, reviving a management company’s $2 million suit alleging the attorney sabotaged its bid to get Tyler a more lucrative deal.

  • February 26, 2015

    JPMorgan, Deutsche Ordered To Give Argentine Bond Docs

    The New York federal judge overseeing Argentina's bond payback fight with hedge fund NML Capital Ltd. ordered Deutsche Bank AG and JPMorgan Chase & Co. Wednesday to give NML private information on payments regarding a new set of bonds Argentina announced for a select group of creditors.

  • February 26, 2015

    Wachtell Ducks Icahn's Malpractice Claim Over Deal Fees

    A New York state judge has tossed CVR Energy Inc.’s malpractice claim against Wachtell Lipton Rosen & Katz stemming from $37 million in fees incurred by the company as part of Carl Icahn’s takeover, according to an order filed Wednesday, finding CVR can’t argue the firm was responsible for the financial hit.

  • February 26, 2015

    3rd Circ. Upholds $2.4M Award In Navy Subcontract Row

    The Third Circuit on Wednesday affirmed a roughly $2.4 million award to DCK TTEC LLC over a steel subcontractor’s failed bid to build two F-35 Joint Strike Fighter maintenance hangars at a Marine Corps Air Station in Arizona for the U.S. Navy.

  • February 25, 2015

    BofA Pays $300M To End Fontainebleau Lender Suit

    Bank of America NA has paid $300 million to settle a Nevada federal suit brought by more than 40 lenders and investors claiming they were fraudulently induced to lend more than $1 billion to the failed Fontainebleau Las Vegas project, the bank said in a Wednesday securities filing.

  • February 25, 2015

    Former Longview Employees' Bond Too High, Texas Court Told

    A lawyer for two former Longview Energy Co. directors who allegedly breached their fiduciary duty to the company by using proprietary information to buy mineral leases in the Eagle Ford Shale told the Texas Supreme Court on Wednesday that the two men are wrongfully being asked by the company to put up an excessive bond in an appeal of the $600 million case.

  • February 25, 2015

    Ex-Franchisee Hits Dunkin' Donuts With NJ Bias Suit

    Dunkin' Donuts Franchised Restaurants LLC has been hit with a suit in New Jersey state court alleging they systematically discriminated against minority franchisees, specifically Asian Indian women, by railroading their efforts to run profitable franchises.

  • February 25, 2015

    AG Asks Texas High Court To Reverse Tax Exclusion Ruling

    Texas' attorney general on Tuesday asked the state's Supreme Court to reverse a lower court’s ruling that a transportation company can exclude from taxes money it pays to subcontractors, saying it does not qualify for an exclusion under the plain language of the statute.

  • February 25, 2015

    Liz Taylor's Trust Attacks Christie's Over $9M Diamond Auction

    Elizabeth Taylor’s estate on Tuesday accused Christie’s Inc. of canceling the sale of the famed actress’s $9 million Taj Mahal diamond necklace after a buyer questioned the diamond’s age, accusing Christie’s of holding millions in auction proceeds “hostage” until Taylor’s trust returned the diamond profits.

  • February 25, 2015

    Justices Want More Input On Bridgestone PAGA Waiver Case

    The U.S. Supreme Court indicated Tuesday that it might want to examine the position of California's highest court that workers can't sign away representative Private Attorneys General Act claims in arbitration pacts, asking ex-employees who sued a Bridgestone Corp. retail unit for a response to the company's petition for certiorari.

  • February 25, 2015

    Calif. Appeals Court Won't Revive Suit Over Condo Sales

    A suit alleging that an affiliate of resort developer Intrawest misled condominium buyers into investing in a multimillion-dollar Napa Valley project is time-barred under a law protecting investors in land development deals, a California state appeals court ruled Tuesday. 

  • February 25, 2015

    C3PO's $6M Suit Over Terminated DynCorp Contract Slashed

    A Texas federal judge on Tuesday pared down a nearly $6.6 million breach of contract suit against DynCorp International LLC over the abandonment of a C3PO International Ltd. facility in Afghanistan after a bombing, deciding that the contract between the two allowed for DynCorp's early termination.

  • February 25, 2015

    Kearfott Sues Over Unpaid Work On Air Force Subcontract

    Kearfott Corp. told a Virginia federal court that Charles Stark Draper Laboratory Inc. breached its contract with Kearfott by not fully paying the subcontractor after it developed and tested a vibrating beam accelerometer to be used by the U.S. Air Force in a missile program.

Expert Analysis

  • Defining Atty Fee Enforceability In Illegal Contracts

    Sylvia S. Arostegui

    California courts have previously enforced attorneys' fees provisions in a real estate purchase contract even though the underlying contract was illegal. However, in Mountain Air Enterprises v. Sundowner Towers, a state appeals court distinguished prior decisions and clarified when a party can recover attorneys' fees under a real estate purchase contract that is ruled to be illegal, say Sylvia Arostegui and Brendan Macaulay of Nossaman LLP.

  • Bridging The Discovery Gap In International Arbitration

    Joseph Cheriathundam

    Forensic analytics reduces time and costs to process information and provides tangible findings for counsel to support various theories. These techniques offer significant opportunities to narrow the gaps in international arbitration matters in which evidence is often unavailable or not easy to obtain, say members of StoneTurn Group LLP.

  • The Buck Stops With JPMorgan And Counsel

    Barkley Clark

    As a result of a $1.5 billion filing error, JPMorgan and its syndicate of lenders now face losing their collateral to the unsecured creditors in the General Motors bankruptcy proceedings. Needless to say, the two prominent firms that served as outside counsel to JPMorgan and General Motors are also feeling the pain as they grapple with malpractice exposure, say Barkley Clark of Stinson Leonard Street LLP and Barbara Clark of the Co... (continued)

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Early Termination Of Hotel Management Contracts Is Costly

    Lindsay C. Harrison

    Lawyers for hotel management companies and for hotel owners, as well as judges hearing these issues, will likely continue to disagree about whether the increasingly common strategy to prematurely end management contracts is legally justified in particular cases. What may get lost in the chatter are the high costs of that course of action, say Julie Carpenter and Lindsay Harrison of Jenner & Block LLP.

  • Takeaways From NY's Dietary Supplement Investigation

    Matthew J. Kelly Jr.

    Two takeaways from New York Attorney General Eric Schneiderman's recent investigation into retail dietary supplements are that there is a danger unproven science can be used to attack a company's stores and public image and that retailers should keep track of their suppliers, which includes making sure testing records called for in any sales contract are current, say attorneys at Schnader Harrison Segal & Lewis LLP.

  • Options For Energy Investors Amid Falling Oil Prices

    Michael Polkinghorne

    While the legal options available to those with long-term energy projects governed in a common law jurisdiction will likely lie within the four corners of a contract with very limited exceptions, the doctrine of hardship may provide relief for participants plagued by plunging oil prices in civil law jurisdictions, say attorneys at White & Case LLP.

  • Rejoice In New York’s Revised UCC, But Beware Traps

    G. Ray Warner

    While recent amendments bring most of New York’s Uniform Commercial Code up to date, the state chose not to modernize its entire UCC, as a result of which certain of its provisions do not reflect modern practices, and its version of Article 9 is still out of sync with that of other states, says G. Ray Warner, of counsel at Greenberg Traurig LLP and associate dean for bankruptcy studies at St. John’s University School of Law.

  • What To Expect From The Imminent EU Trade Secrets Law

    Warren Wayne

    In the coming weeks, the European Parliament will debate and pass a Europe-wide trade secrets directive that will significantly alter the European approach to protecting sensitive business information, and many organizations are already planning to exploit the opportunities it creates, say Warren Wayne and Rob Williams of Bird & Bird LLP.

  • Dim Future For Ill. Bright-Line Competition Restrictions

    Robert R. Duda Jr.

    Employers seeking to enforce competition restrictions in Illinois federal court may take advantage of Bankers Life and Casualty Co. v. Miller by making a strong argument for a case-by-case assessment of whether there is sufficient consideration, rather than application of a bright-line test, say Robert Duda Jr. and Terry Smith of Faegre Baker Daniels LLP.