Commercial Contracts

  • September 17, 2014

    New Chrysler Slams FCA Row Over Warranties Sold To Feds

    Chrysler Group LLC on Tuesday urged an Illinois federal judge to toss a qui tam False Claims Act suit filed by a mechanic accusing it of lying about the powertrain warranties of vehicles sold to the government, saying the post-bankruptcy Chrysler didn’t manufacture the vehicles and that the U.S. has declined to intervene.

  • September 16, 2014

    BNY Mellon Loses Bid To Toss Pension Fund's $11M Suit

    An Illinois federal judge on Tuesday rebuffed the Bank of New York Mellon Corp.'s bid to dismiss a union pension fund's suit claiming the bank cost it $11 million by making high-risk "prohibited transactions" with its assets, ruling that the fund pled adequate facts to support its allegations.

  • September 16, 2014

    Motorola Asks 9th Circ. To Reverse Landmark RAND Ruling

    Motorola Inc. asked the Ninth Circuit Monday to reverse a decision that it breached an obligation to license its standard-essential patents to Microsoft Corp. on fair terms, saying the judge made a "cascade of errors," including his landmark decision setting a royalty rate for the patents.

  • September 16, 2014

    Texas Justices Weigh BP's $750M Deepwater Coverage Claim

    BP PLC on Tuesday asked the Texas Supreme Court to find that it's entitled to claim $750 million under a Transocean Ltd. insurance policy for the Deepwater Horizon oil spill, saying the policy doesn't incorporate a separate indemnity agreement that limits Transocean's liability for underwater pollution.

  • September 16, 2014

    Del. AG Again Shut Out Of Fla. Hospital Trust Row

    A Florida appeals court Tuesday denied Delaware Attorney General Beau Biden's motion to rehear its July 16 decision rejecting his attempt to intervene in the 2004 reorganization of the trust that funds The Nemours Foundation, saying Biden failed to show the trial court abused its discretion.

  • September 16, 2014

    CSC Unit Seeks $19M Over Botched US Vaccine Contract

    Computer Sciences Corp. subsidiary DynPort Vaccine Co., which develops vaccines for the military, sued Lonza Biologics Inc. in Maryland federal court Monday, alleging the company backed out of a subcontract to manufacture a vaccine and made off with $18.9 million.

  • September 16, 2014

    Court Won't Toss $1B Suit Over African Oil Field Profits

    A Texas federal judge on Tuesday refused to throw out Carlton Energy Group LLC's $1 billion lawsuit accusing a unit of PetroChina Co. Ltd. of reneging on a profit sharing deal over interests in vast African oil and gas fields.

  • September 16, 2014

    Hasbro Blasts Film Co. As Dungeons & Dragons IP Trial Opens

    Hasbro Inc. on Tuesday opened the California federal bench trial of its suit alleging production company Sweetpea Entertainment Inc.'s proposed Dungeons & Dragons movie infringes Hasbro's intellectual property by telling a judge that Sweetpea “squandered” its sequel rights by making low-quality, direct-to-TV sequels to its disappointing 2000 D&D film.

  • September 16, 2014

    Disney Says Pa. Theater Stole The Shows, Characters, Songs

    The Walt Disney Co. on Monday urged a Pennsylvania federal court to rule that Pennsylvania-based American Music Theatre committed copyright and trademark infringement when the company staged a revue of Broadway highlights that included properties such as “Spider-Man,” “The Lion King” and “Marry Poppins.”

  • September 16, 2014

    Siga Files Ch. 11 After Losing Rival's Botched-Merger Suit

    Defense contractor Siga Technologies Inc. filed for bankruptcy in New York court Tuesday, saying a potential $232 million judgment owed to rival PharmAthene Inc. stemming from a failed merger and subsequent licensing litigation would hamper its ability to manufacture smallpox drug Tecovirimat for the nation's stockpile.

  • September 15, 2014

    RJ Reynolds Looks To Snuff Out ‘Camel Cash’ Class Action

    R.J. Reynolds Tobacco Co. on Monday urged a California federal judge to dismiss a putative class action alleging the company broke a contract with customers by slashing merchandise from its “Camel Cash” promotion, saying only customers who actually redeemed their vouchers had a contract with the company.

  • September 15, 2014

    Toyota Stole Research Co.'s Survey Methods, Jury Hears

    A Dallas market research firm told a Texas federal jury Monday that Toyota Motor Sales USA Inc. misappropriated its trade secrets related to a multicultural and multilingual survey of minority groups, kicking off a trial that accuses the automaker of exploiting proprietary research strategies.

  • September 15, 2014

    Huge Fla. Homeowners Group Says Firm Holding Files Hostage

    The nation's largest homeowners association filed suit in Florida state court Monday against Gursky Ragan PA, claiming the Miami law firm refuses to turn over its files and $400,000 collected as part of a terminated contract to pursue more than 3,400 delinquent accounts.

  • September 15, 2014

    Publicity Rights Can Be Assigned, Calif. Appeals Court Says

    Publicity rights can be assigned to other parties — and those parties can litigate those rights — a California appeals court found in a published ruling Friday, reversing a lower court's decision to nix Timed Out LLC's misappropriation-of-rights case against cosmetic surgery company Youabian Inc.

  • September 15, 2014

    FINRA Rules On Deutsche Bank Employment Practices

    The Financial Industry Regulatory Authority on Friday agreed to let former Deutsche Bank AG employees begin working for a competitor after a shortened waiting period after the employees alleged they left the bank’s financial advisory unit because it was using “shady” practices.

  • September 15, 2014

    Gilead, Indian Generic Cos. Reach Deals Over Hep C Drug

    Gilead Sciences has reached deals with seven generic drug manufacturers in India to sell cheaper versions of its $1,000-per-pill hepatitis C drug Sovaldi, roughly a month after the company won the rights to the groundbreaking medicine, it said in a Monday announcement.

  • September 15, 2014

    GE Gets Pushback On $25M Suit Over Failed Oil Field JV

    Turbine Generation Services LLC and Michel B. Moreno, who controls the company, urged a Louisiana federal judge on Friday to keep alive GE Oil & Gas Inc.'s suit against them over a defaulted $25 million note on a failed energy joint venture, saying their counterclaims should be heard.

  • September 15, 2014

    Feds Want DLA Piper, Kasowitz Docs In Facebook Scam Case

    New York federal prosecutors are seeking confidential documents from DLA Piper LLP and Kasowitz Benson Torres & Friedman LLP related to their prior representation of Paul Ceglia, a businessman charged with filing sham litigation against Facebook Inc., according to a Monday filing.

  • September 15, 2014

    Ex-Citi Worker Says DR Horton Dooms Bid For Arbitration

    A former Citicorp Credit Services Inc. employee told an Idaho federal court on Friday that it properly relied on the National Labor Relations Board’s D.R. Horton decision to deny the bank’s bid to compel arbitration in a putative class and collective action wage suit.

  • September 15, 2014

    Firm Behind Pella Window Scandal Sued By Ex-Partner

    Paul M. Weiss, the attorney at the center of the scandal over Pella Corp.'s defective-window class settlement, was sued Friday by a former partner who claims Weiss’ firm, Complex Litigation Group LLC, owes him millions of dollars and needs to be dissolved to protect its clients and creditors.

Expert Analysis

  • Takeaways For Texas Contractors Post-Barzoukas

    Pierre Grosdidier

    Taken together, Barzoukas v. Foundation Design Ltd. and two prior Texas cases on the economic loss rule suggest that establishing an owner as subcontract third-party beneficiary might be a possible line of defense for a subcontractor that invokes the rule when trying to shield itself from owner negligence claims, say Pierre Grosdidier and Mike Stewart of Haynes and Boone LLP.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • 2nd Circ. Ruling Clears FINRA Arbitration Confusion

    Jeff Kern

    The Second Circuit’s decision in Citigroup Global Markets Inc. v. Abbar provides an efficient framework for determining whether the Financial Industry Regulatory Authority’s mandatory arbitration rule is applicable to investor-initiated claims, and should serve to diminish the sort of “sprawling litigation” that transpired there, say Jeff Kern and Manuel Gomez of Sheppard Mullin Richter & Hampton LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • 'After-Acquired Title' Doctrine Case Should Draw Attention

    Anthony R. Holtzman

    Oil and gas producers should have an interest in the Pennsylvania Supreme Court's eventual ruling in Shedden v. Anadarko E&P Company LP as it will consider payments under the “after-acquired title” doctrine. Industry may want to participate in an amicus curiae given the policies the doctrine serves, say Anthony Holtzman and George Bibikos of K&L Gates LLP.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • A Wake-Up Call To Counsel Over ESI Discovery

    Eric P. Mandel

    There are two important takeaways from Brown v. Tellermate Holdings Ltd. — search terms often produce both over-inclusive and under-inclusive results and it's imperative counsel test the accuracy of electronically stored information search methodology before committing to use it or to a firm production timetable, say Charles Ragan and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.