Commercial Contracts

  • July 28, 2015

    O'Bannon Tells 9th Circ. NCAA Can't Stop Antitrust Order

    College athletes told the Ninth Circuit on Monday not to delay a decision that allows them to be paid for the use of their names, images and likenesses, blasting the NCAA’s bid to stay the injunction as groundless and hyperbolic.

  • July 27, 2015

    Pension Funds Seek Billions From NJ Over Contract Breach

    Three pension funds for public workers accused the state of New Jersey of breach of contract and are seeking billions of dollars to recoup the shortfall in the state's contributions for 2014-16, according to a motion filed Friday in New Jersey state court.

  • July 27, 2015

    Ernst & Young Reneged On Schlumberger Purchase Deal: Suit

    Schlumberger Ltd. on Monday accused global audit firm Ernst & Young U.S. LLP of pulling out of an agreed-upon purchase of the oilfield service giant's management consulting arm, leading Schlumberger to inform its employees of a non-existent sale that created uncertainty and allegedly led to the loss of tens of millions.

  • July 27, 2015

    NFL Gets Tougher Off The Field As Players Cry Foul

    As the National Football League issues stiffer and stiffer penalties for professional athletes' off-the-field run-ins with the law, players and their union are pushing back against what they see as unfair league authority in disciplinary decisions.

  • July 27, 2015

    Lord & Taylor Hits Setbacks On Eve Of Md. Mall Lease Trial

    A Maryland federal judge handed Lord & Taylor a string of defeats Monday in its contract breach row with the proprietor of a D.C.-area mall, rejecting several theories of damage calculations he said would "take six pieces out of a four-piece pie."

  • July 27, 2015

    Landowner Flubbed Exxon Royalty Suit, Texas High Court Told

    An Exxon Mobil Corp. subsidiary sued over mineral royalties told the Texas Supreme Court on Friday that the lower courts correctly dismissed the case because the plaintiff failed to join neighboring landowners who currently collect the disputed compensation.

  • July 27, 2015

    Chesapeake Takes $380M Bond Buyback Ruling To 2nd Circ.

    Chesapeake Energy Corp. said Monday it will appeal to the Second Circuit a New York federal judge’s ruling that it must pay nearly $380 million to bondholders whose $1.3 billion in notes it redeemed at par in 2013 in what it thought at the time was a timely special buyback.

  • July 27, 2015

    Aetna's $120M RICO Suit Against Texas Hospital Stays Alive

    A Houston-area hospital and CEO accused of bilking Aetna Life Insurance Co. out of as much as $120 million and offering kickbacks to physicians lost a bid to get rid of Aetna’s lawsuit Friday, though a Texas federal judge stayed the trial while other litigation between the parties proceeds.

  • July 27, 2015

    Judge In $7M IP Suit Against Jay-Z Won't Recuse Himself

    A magistrate judge denied an artist’s bid to have him recused Friday, saying he impartially handled an infringement case against Jay-Z and Universal Music Group Inc. aimed at securing $7 million in unpaid royalties for a logo.

  • July 27, 2015

    AT&T Wants $102M Row Over Soured Streaming Deal Nixed

    AT&T Corp. urged a Colorado federal judge to toss a $102 million breach of contract suit from an Internet news streaming company Friday, saying AT&T doesn’t have sufficient connection to the state and a contract under New York law should control the case.

  • July 27, 2015

    Broadcasters To Intervene In Viacom Bundling Antitrust Suit

    A New York federal judge has approved a request by ABC Inc., CBS Corp. and other broadcast giants to intervene in an antitrust case between Cablevision Systems Corp. and Viacom International Inc., allowing the third parties to argue against disclosing confidential agreements.

  • July 27, 2015

    Uber Drivers Urge Class Certification in Calif. FLSA Suit

    Drivers suing Uber Technologies Inc. claiming they were improperly labeled as independent contractors and cheated out of a 20 percent gratuity urged a California federal judge to certify the proposed class of drivers in a Fair Labor Standards Act suit, saying that despite Uber’s protestations they are enough alike to warrant class certification.

  • July 27, 2015

    5th Circ. Says Drilling Platform Welder Isn't A Seaman

    In a published decision on Friday, the Fifth Circuit ruled that in the case of Joseph Wilcox, a welder who was injured while working on a drilling platform, a Louisiana district court was correct in granting summary judgment that he did not qualify as a seaman under the Jones Act and therefore could not sue under it.

  • July 27, 2015

    EBay OKs $1.2M Deal Ending 'Buy It Now' Fee Suit

    After three years of "contentious" litigation, eBay Inc. on Friday agreed to shell out $1.2 million to settle claims by sellers that the online marketplace pocketed “Buy It Now” fees and took down listings even when shoppers never completed their instant purchase.

  • July 24, 2015

    NY Securities Boutique Says Investors’ Suit Falls Short

    New York securities law boutique Sichenzia Ross Friedman Ference LLP has slammed a group of irate investors’ claims that it wrongly turned over more than $1 million in escrowed funds to a Texas apartment complex developer, saying dismissal is warranted because it followed the terms of the deal.

  • July 24, 2015

    Health Providers Say Lack Of Market Power Axes Antitrust Suit

    Bay Area Surgical Management LLC and other ambulatory surgical centers’ suit in California federal court against a variety of health care providers and insurers should be dismissed, as it fails to allege the existence of a conspiracy that could crush the plaintiffs' businesses, the providers said Thursday.

  • July 24, 2015

    Knobbe Martens Blasts DQ Bid In Patent Dispute

    Knobbe Martens Olson & Bear LLP shouldn’t be disqualified from representing a medical device company in a patent suit from Canada's Neovasc Inc.in Massachusetts federal court  just because it had previously represented Neovasc’s alleged subsidiaries, the firm said on Friday.

  • July 24, 2015

    Texas Court Cuts $4M In Damages In Horizon Poaching Suit

    A Texas appeals court on Thursday vacated $4.2 million in damages for loss of future profits previously awarded to Horizon Health Corp. in its poaching suit against a competitor and former executives who defected, saying the calculation was based on insufficient evidence, but sustained an award for theft of trade secrets and fraud claims.

  • July 24, 2015

    11th Circ. Takes Up PIP Overbilling Suit Against HCA

    The Eleventh Circuit has taken up a suit alleging HCA Holdings Inc. overcharged patients' personal insurance protection at several HCA-run Florida hospitals, to review a lower court decision to strike the class allegations and dismiss all but one plaintiff.

  • July 24, 2015

    Former Soccer Star Willing To Settle NY Cosmos Firing Suit

    Attorneys for former Manchester United soccer star Eric Cantona told a New York federal judge on Friday that he will consider settling a dispute with the New York Cosmos LLC over his 2014 firing as a team consultant once the judge rules on the Cosmos’ recent motion to dismiss.

Expert Analysis

  • Screened Selection In Party-Appointed Arbitrations

    Charles B. Rosenberg

    The International Institute for Conflict Prevention & Resolution's screened selection process for party-appointed arbitrators is a simple compromise between the positions of those who believe the existing system of party appointments should remain unchanged and those who would overhaul the system, say Charles Rosenberg of White & Case LLP and Olivier Andre of the International Institute for Conflict Prevention & Resolution.

  • The Proposed Best Interest Contract Exemption: Part 3

    Susan Krawczyk

    Some broker-dealers may choose to develop a separate customer platform for retirement investor accounts in order to comply with the U.S. Department of Labor's proposed best interest contract exemption, rather than subject all of their retail customer accounts to the same rules. The more formidable challenge, though, will likely be the fee and compensation disclosure requirements, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • The Proposed Best Interest Contract Exemption: Part 2

    Susan Krawczyk

    In light of the U.S. Department of Labor's proposed best interest contract exemption guidance, a broker-dealer might decide to exclude transactions in retirement investor accounts from incentive or bonus programs offered to its brokers, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • The Proposed Best Interest Contract Exemption: Part 1

    Susan S. Krawczyk

    A closer look at the U.S. Department of Labor's proposed best interest contract exemption for financial institutions and their advisers reveals that the elements are very different from existing requirements. Proposed transaction fee and cost requirements not only conflict with existing broker-dealer rules but also would require an operational platform that does not currently exist, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

  • What To Consider When Drafting Arbitration Agreements

    Matthew Brown

    In order to draft arbitration discovery provisions that are both enforceable and also do not put the enforceability of the entire arbitration agreement at risk, employers must look to state law and should think strategically about who will decide the question of arbitrability, says Matthew Brown of Baker & McKenzie LLP.

  • 10 Questions In Employment Contract Disputes: Part 2

    Joseph A. Kroeger

    Before you appear on behalf of your defendant-client at a temporary restraining order hearing, there are 10 questions you should ask first. Obtaining quick and accurate answers to them may not only determine your client’s fate at the impending hearing, it may shape the course of the entire litigation, say Joseph Kroeger and Matt Milner of Snell & Wilmer LLP.

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.

  • 10 Questions In Employment Contract Disputes: Part 1

    Joseph A. Kroeger

    When representing a company seeking to enforce a restrictive covenant, investigate whether a departing employee signed an acknowledgement form indicating she was not in possession of any proprietary information or was otherwise in compliance with obligations to her employer. We cannot overstate the importance of this step — courts do not typically grant temporary restraining orders or preliminary injunctions based on assumptions, s... (continued)

  • Is Social Media Eroding Nonsolicitation Agreements?

    Lawrence J. Del Rossi

    While recent court opinions suggest that passive social media activity likely will not be actionable conduct in a restrictive covenant setting, a former employee’s more active use of social media to target and encourage customers or employees to terminate their business relationships may support the employer’s application for injunctive or monetary relief, says Lawrence Del Rossi of Drinker Biddle & Reath LLP.