Commercial Contracts

  • February 8, 2016

    Spector Gadon Escapes Overbilling Suit, Wins Payout

    A Pennsylvania state judge has put an end to claims launched by former clients of Spector Gadon & Rosen PC and awarded the firm more than $90,000, citing a lack of evidence after it was accused of overbilling for work restructuring the debt of a failed real estate project.

  • February 8, 2016

    Chancery Nixes Injunction in Feud Over Akrimax Drug Rights

    An Akrimax Pharmaceuticals LLC investor lost a bid Monday for a preliminary injunction freezing the status of the company and a drug license allegedly in play for $250 million or more, with a Delaware vice chancellor suggesting a damages settlement as a simpler solution to an ongoing fraud and conspiracy lawsuit.

  • February 8, 2016

    Harley Dealer Asks 9th Circ. To Flip Ruling He OK'd Move

    A California Harley-Davidson dealer argued to the Ninth Circuit Friday that the motorcycle company improperly forced him to move to a less desirable location and that a district court’s finding that he had agreed to relocate was wrong and should be reversed.

  • February 8, 2016

    Lehman Gets Nod On $1.4B JPMorgan Settlement

    A New York bankruptcy judge on Monday approved a $1.42 billion settlement to resolve most litigation between Lehman Brothers Holdings Inc. and JPMorgan over transactions that occurred in the runup to Lehman’s 2008 bankruptcy.

  • February 8, 2016

    DC Metro Wireless Installer's Suit Survives Dismissal Bid

    A D.C. federal judge Friday nixed efforts by a wireless carrier partnership to move or dismiss a subcontractor's $1 million suit claiming the group failed to vet the prime contractor on a Washington subway project, saying the group’s contract with the transit authority required diligence.

  • February 8, 2016

    Hedge Fund Slaps Olshan With $21M Malpractice Suit

    Olshan Frome Wolosky LLP was hit with a $21 million legal malpractice suit on Friday in New York state court by a hedge fund that alleges the law firm negligently failed to secure its interest in a loan to a guar processing facility that was later forced into bankruptcy.

  • February 8, 2016

    RBC Bank Can't Nix Consumer's Claims In Overdraft Fee MDL

    RBC Bank USA must face a consumer’s claim that it charged excessive overdraft fees, a Florida federal judge said Friday, finding that a consumer agreement nixed by the Eleventh Circuit was valid at the time of the alleged fee overcharge.

  • February 8, 2016

    Developer Stalled Hotel Row, Lied About It, Court Told

    A pair of Middle Eastern companies accusing a developer of deceiving them into investing $12 million in a purported hotel project told a Florida federal court on Monday that the developer delayed the scheduling of his disposition and then lied about the delay.

  • February 8, 2016

    AT&T Wants FCC To Flex Muscle On Iowa Telecom Rates

    AT&T Mobility Inc. has urged the Federal Communications Commission to force an Iowa telecom company to agree to a roaming contract on its terms, arguing in a filing Friday that its final offer to the company reflected commercially reasonable rates.

  • February 8, 2016

    Texas Oil Co.'s Win In Diesel-Fuel Shipment Row Overturned

    A quick win for Velvin Oil Company in a suit alleging AJP Oil didn't pay for a diesel fuel shipment was reversed by a Texas appeals court Monday, as it found that AJP had filed paperwork denying the facts alleged by Velvin, which should have barred summary judgment and allowed the dispute to go to trial.

  • February 8, 2016

    Deutsche Ruling Bolsters US Bank Suit, RMBS Investors Say

    BlackRock Inc. and dozens of other investors alleging that U.S. Bank National Association failed to oversee residential mortgage-backed security trusts properly have asked a New York federal court to consider a ruling denying Deutsche Bank’s bid to escape a similar suit.

  • February 8, 2016

    Basketball League Says Defections To Rival Flouted Contract

    The owners of four current or former American Basketball Association franchises have brought their teams into a rival league, violating a contract that required them to stick with the ABA or pay a penalty, the league said Friday in a new $1.2 million lawsuit in Indiana federal court.

  • February 8, 2016

    6th Circ. Gives Moen Win In Retiree Benefits Case

    The Sixth Circuit on Monday reversed a lower court’s decision that Moen Inc. owes a group of retirees lifetime health benefits, saying that the rationale behind the lower court’s ruling was nullified by the U.S. Supreme Court’s recent Tackett ruling.

  • February 8, 2016

    NJ Jury Dings Supplement Maker $1M In Contract Row

    A New Jersey marketing consultant won a $1.17 million judgment Monday after a federal jury found a dietary supplement maker wrongfully refused to pay the consultant contractually owed sales proceeds, but freed the supplement maker’s top executive from individual liability.

  • February 8, 2016

    DC Circ. Grills Feds Over Low Maersk Port Rate

    A D.C. Circuit panel repeatedly questioned the Federal Maritime Commission Monday on why it allowed the New York and New Jersey Port Authority to cut a $120 million discount on a Maersk unit’s terminal contract, questioning whether the agency allowed Maersk preferential treatment over other terminal operators.

  • February 8, 2016

    Ex-LeClairRyan Atty Says No Agreement Means No Arbitration

    A former equity partner of LeClairRyan on Friday pushed back against the firm’s attempt to force her gender discrimination suit into arbitration, telling a Virginia federal court the firm has nothing to base its argument on because she never signed an arbitration agreement.

  • February 8, 2016

    Baker Donelson Evades Hedge Funds' Legal Fee Fraud Suit

    An Illinois federal court found Friday that it can’t hear two hedge funds’ suit accusing Baker Donelson Bearman Caldwell & Berkowitz PC of doctoring a loan agreement for a bankrupt energy company because there isn’t any evidence the funds suffered an injury in Illinois.

  • February 8, 2016

    Art Gallery Director Settles Fake Rothko Suit Amid Trial

    Knoedler & Co. art gallery director Ann Freedman has reached an undisclosed settlement in a suit alleging she knowingly sold a fake Mark Rothko work to the chairman of Sotheby's for $8.3 million, a New York federal judge said Monday, but the gallery still faces claims at a jury trial.

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

Expert Analysis

  • Challenging An Arbitrator Ab Initio: A Primer

    Solum, Matt.jpg

    Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.

  • Ethics In International Arbitration

    Monique Sasson

    If counsel are bound only by their respective bar standards, international arbitration constitutes an “ethical no-man’s land.” It is difficult to see experienced practitioners from any jurisdiction having genuine concerns about the individual provisions of the International Bar Association's guidelines on party representation in international arbitration, says Monique Sasson, JAMS panelist and co-managing editor of journals at the ... (continued)

  • Putting Fee-Shifting Agreements Inside Arbitration Clauses

    Justin J. Wolosz

    The Massachusetts Supreme Judicial Court decision in Beacon Towers Condominium Trust v. Alex provides a lesson to practitioners in Massachusetts that when drafting contracts with arbitration clauses, any agreement to shift fees should be explicit and contained within the arbitration agreement itself, say Justin Wolosz and Jesse Siegel at Choate Hall & Stewart LLP.

  • Stage Is Set For Huge Stadium Naming Rights Deal In Calif.

    Zak Welsh

    Along with the obvious economic boon to the NFL and the Rams franchise, the team’s relocation to Los Angeles and the development of a new stadium present an intriguing opportunity for a company or brand to purchase naming and advertising rights to the facility. The deal will likely far surpass the value of any of its predecessors, says Zak Welsh of Sheppard Mullin Richter & Hampton LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • Using Anti-Suit Injunction To Enforce Arbitration Agreements

    Martin F. Gusy

    Varying approaches to anti-suit injunctions in the U.S. circuit courts — namely the liberal approach adopted in the Ninth and the more moderate approach adopted in the Second — reflect differing evaluations of comity in deciding whether to enjoin a foreign proceeding in favor of a concurrent, related arbitration or litigation. Two recent U.S. district court cases illuminate these methods, say Martin Gusy and Matthew Weldon of Cozen O’Connor.

  • Miss. Makes More Trouble For Reservation Of Rights

    John W. Herrington

    In Federal Insurance Co. v. Singing River Health System, a Mississippi district court recently held that an insurer’s reservation of rights prevents it from enforcing policy terms under which limits are eroded by defense costs, which depending on how the forthcoming appeal is decided, could make it much harder for insurers to manage the defense of complex claims, say John Herrington and Robert Helfand at Carlton Fields.

  • Does FICAA Provide More Expansive Injunctive Relief?

    Donald Hayden

    One crucial element of the Florida International Commercial Arbitration Act is the express power it gives to the arbitral tribunal in an international commercial arbitration to order interim measures. Yet for Miami to compete as an inviting location in which to arbitrate such disputes, there must be some clarity in applying this arbitration-friendly provision, say Donald Hayden and Sasha Funk Granai of Berger Singerman LLP.

  • How To Prepare A Premises Liability Case

    Douglas J. McCarron

    Premises liability cases require evidence that a dangerous condition existed. Extensive knowledge of the property's policies and procedures and whether the employees are following them is the first step in proving whether or not the property owners and managers are fulfilling their duty to maintain a reasonably safe property, says Douglas McCarron at Haggard Law Firm PA.

  • Is Your Company Insured Through The London Market?

    Allison Newstead

    As of August 2016, the U.K. Insurance Act 2015 will alter the landscape of insurance and reinsurance contracts placed through the London market or governed by English law — and there are several circumstances in which U.S. or multinational companies may be affected by the act, say attorneys at Shook Hardy & Bacon LLP.