Commercial Contracts

  • December 2, 2016

    Landfill Co. Prevails In Authority's $6M Appeal At 11th Circ.

    An Eleventh Circuit panel refused Friday to upend a landfill company's $6 million contract breach win against Mobile, Alabama's solid waste authority, concluding in an unpublished opinion that the district court properly exercised jurisdiction over the company's suit alleging shorted payments and a refusal to negotiate.

  • December 2, 2016

    Gibson Dunn Attys Score $5M Fees After Developer's Forgery

    A California judge on Friday awarded capital management firm AEW and its Gibson Dunn attorneys $6 million in fees and costs from a Los Angeles developer the court found had forged the joint venture agreement underlying his claims against AEW.

  • December 2, 2016

    Ex-KFC Site Buyer Accused Of Flouting Enviro Cleanup Pact

    KFC Corp. has sued the owner of one of its former restaurant sites, claiming the purchaser is saddling the fried chicken chain with fines and expenses by failing to make good on an agreement to clean up pollution on the property.

  • December 2, 2016

    Quiznos Ex-Execs' Claims Paused Over Arbitration Dispute

    A Delaware Chancery judge on Friday partially froze a suit by former Quiznos executives seeking indemnification from affiliates of the sandwich shop chain against allegations of fraud, saying that an arbitrator must first decide whether certain claims must be arbitrated under employment agreements.

  • December 2, 2016

    $1.6M Diamond Row Paused In US Until Israeli Litigation Ends

    A New York federal judge ruled Friday that an Israeli diamond buyer’s lawsuit to confirm a $1.6 million arbitration award against a Bronx-based business associate should be paused until related litigation concludes in Israel.

  • December 2, 2016

    Mass. Appeals Court Nixes Drug Royalty Suit

    The Massachusetts Appeals Court on Friday upheld the dismissal of unfair practices claims that a quasi-state entity had brought against AstraZeneca subsidiary MedImmune LLC over a separate royalty lawsuit in Maryland.

  • December 2, 2016

    Texas High Court Will Hear $24M Contamination Suit After All

    The Texas Supreme Court reversed course Friday and decided to hear a case involving a $24.5 million judgment against Sabine Oil & Gas Corp. over radioactive contamination of a contracted landowner's property, withdrawing its May decision denying review.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Court Urged To Chuck EB-5 Suit Over Guarantees

    A man who ran an EB-5 regional center company but was later indicted has asked a South Dakota court to dismiss a case from several individuals and a company involved in a casino project who are trying to void guarantees related to a loan, saying that a similar lawsuit has already been filed.

  • December 1, 2016

    Insurer Settles With Atty, Marketer In $180M RICO Suit

    Boston Life told a Florida federal court Thursday that it has reached a agreement to drop a marketer and several parties from its $180 million lawsuit claiming a conspiracy to knock off one of the insurer's products, but said claims will continue against Greenberg Traurig LLP, KPMG and others.

  • December 1, 2016

    Cemex Buyers' Cert. Bid Falls Flat In Deceptive Fee Row

    A Florida federal judge Thursday rejected a construction company’s bid to certify a class of clients of building materials supplier Cemex on claims that it charged deceptive fees, ruling there is evidence that not all potential class members were necessarily tricked. 

  • December 1, 2016

    Wu-Tang Clan Hit With $2.5M Royalty Suit By Member U-God

    A founding member of the Wu-Tang Clan is suing the rap group in New York court for not paying him his fair share of royalties, including from a rare one-off album infamously auctioned to pharmaceutical executive Martin Shkreli.

  • December 1, 2016

    University Wants Unpaid Patent License Fees Suit Revived

    The University of South Florida asked the Eleventh Circuit Wednesday to revive its breach-of-contact suit against drug company CoMentis Inc. over an unpaid sum the university says it's owed under a settlement ending patent litigation involving Alzheimer's disease research.

  • December 1, 2016

    Army Contractor Can’t Get Jury Trial In Kuwait Project Dispute

    A Virginia federal judge refused on Thursday to allow for a jury trial in a contractor's lawsuit accusing Johnson Controls of botching a U.S. Army shelter project in Kuwait as a subcontractor, concluding a jury wasn't properly requested and would be unfair to allow for at such a late stage.

  • December 1, 2016

    Murphy Oil Dooms Nursing Center's Arbitration Rules

    A Los Angeles-area skilled nursing facility violated the National Labor Relations Act through an arbitration policy where employees waive their right to class or collection action, a National Labor Relations Board judge ruled Wednesday, citing the Board’s Murphy Oil ruling.

  • December 1, 2016

    Courts Decide Private Utility Battles, Ill. Justices Tell 7th Circ.

    The Illinois Commerce Commission does not have jurisdiction over rate disputes between nonpublic companies that sell electricity and their customers, the Illinois Supreme Court said Thursday in an opinion issued as part of a Seventh Circuit appeal in a proposed class action over alleged overcharging.

  • December 1, 2016

    6th Circ. Refuses To Send Tire Dispute To Arbitration In China

    A Chinese tire company that appealed an Ohio federal judge’s decision to keep its U.S. partner’s counterclaims alive in a dispute over their scuttled business relationship instead of sending them to arbitration in China had its case rejected by the Sixth Circuit on Thursday.

  • December 1, 2016

    Payment Processor Outsourced Work, Stole $60M, Co. Says

    MyAdvertising Pays Limited, a marketing company that pays people to watch advertisements, filed a lawsuit in Texas federal court Thursday alleging its payment processor, VX Gateway Corp., was actually outsourcing that job to third parties and stole about $60 million in funds.

  • December 1, 2016

    Truck Stop Co. Says Fuel Card Firm Is Holding Them Up

    The company that manages more than 200 full service truck stops in North America accused a fuel card operator Wednesday of holding it up for more money on the merchant agreement governing the payment systems after TA Operating LLC refused to renegotiate payments under the contract.

  • December 1, 2016

    Wilkinson Barker Adds Former FCC Legal Adviser

    Communications and energy law-focused Wilkinson Barker Knauer LLP announced the hiring Thursday of 10-year Federal Communications Commission veteran Lynne M. Montgomery, who joins the firm most recently from a position as legal adviser for the agency's Media Bureau chief.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • Pros And Cons Of Hot-Tubbing In International Arbitration

    Gilbert A. Samberg

    “Hot-tubbing” of experts — a procedure for the joint presentation of expert testimony — is now regularly considered, although infrequently adopted, in international arbitrations. Soak up the pros and cons of this unusual process with insight from Mintz Levin member Gilbert Samberg.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • The 1234A-B-Cs Of Breakup Fees

    Michael Alter

    M&A agreements often provide for the payment of a breakup fee to the jilted party if a deal falls apart. The IRS recently advised that the payment of a breakup fee should sometimes be characterized as a capital loss under Section 1234A of the Internal Revenue Code. This could increase after-tax costs to the paying party, but accord beneficial capital gain treatment to the receiving party, say attorneys from Fried Frank Harris Shriv... (continued)

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • A Look At The On-Sale Bar: Part 2 — Best Business Practices

    Alex Chan

    After discussing the heated debate in Helsinn surrounding the applicability of the post-America Invents Act on-sale bar to private and secret sales, Alex Chan of Tensegrity Law Group LLP offers several ways to minimize companies’ and inventors’ legal exposure to the on-sale bar for their inventions.

  • Why DOJ Is Right To Appeal BMI Consent Decree Ruling

    , Law Offices of David Balto

    U.S. District Judge Louis Stanton’s BMI decision has shown that the U.S. Department of Justice's consent decree enforcement might be more fragile than we hope, and should the DOJ not prevail on its recently announced appeal to the Second Circuit, we may see further erosion of the DOJ’s tools in enforcing the antitrust laws, says David Balto, a former trial attorney in the DOJ's Antitrust Division.

  • NY's Under-The-Radar Employment Developments: Fall 2016

    Cindy Schmitt Minniti

    From new minimum wage rules to the recent adoption of statewide paid family leave, New York state and city employers have had their hands full over the past several months. Given all of this, some employment-related developments were bound to slip through the cracks, say Cindy Schmitt Minniti and Mark Goldstein of Reed Smith LLP.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • Trump And Labor Relations In The Hospitality Industry

    Dana A. Kravetz

    In a clear departure from the policies of the Obama administration, President-elect Donald Trump is not expected to favor federal labor and employment agency activism in employment-related matters. Restaurant and hotel owners, operators, and franchisors should watch agency appointments and pending federal lawsuits closely, as they will have a substantial impact on business, says Dana Kravetz of Michelman & Robinson LLP.