Commercial Contracts

  • July 20, 2017

    Pa. Judge Clears Claims In $140M Rail Depot Fraud Row

    A Pennsylvania federal judge agreed Wednesday to allow a railway company to continue pursuing claims to recoup $140 million after its business partners allegedly schemed their way out of a contract over a newly constructed facility to transfer shipments of crude oil from trains onto barges.

  • July 20, 2017

    Greenberg Fights Ex-Client's DQ Bid In Wine Biz Fray

    Greenberg Traurig LLP accused a California winemaker and former client on Wednesday of trying to “wipe the slate clean” in a business breakup dispute through a recent tactical disqualification bid.

  • July 20, 2017

    Texas Partnership Ruling Lets Midstream Cos. Breathe Easier

    When it wiped out a $535 million judgment in a closely watched pipeline partnership dispute, a Texas appellate court this week reassured a shaken midstream energy sector its companies can rely on the steps they take to disclaim creating a partnership, experts say.

  • July 20, 2017

    Quincy Jones Tells Jury Michael Jackson Co. ‘Cheated’ Him

    Grammy-award winning music producer Quincy Jones took the stand Thursday in his $30 million royalties suit against Michael Jackson’s production company, saying he was “cheated out of a lot of money” generated by the hit albums he produced for the late King of Pop.

  • July 20, 2017

    Wis. Court Nixes Doctor’s Win Over Health Clinic Firing

    A Wisconsin appellate court on Thursday reversed a jury verdict in favor of a doctor claiming he was unlawfully fired following a health clinic operator’s internal probe of allegations of inappropriate touching of patients, saying his contract allows for termination without cause and therefore the suit should’ve been tossed.

  • July 20, 2017

    Fla. Judge Affirms $20M Arbitration Award In Samsung Row

    A Florida judge affirmed a $20 million arbitration award Wednesday for a Latin American unit of Samsung in a dispute with a Miami-area phone distributor over a breach of an agreement to sell Samsung phones.

  • July 20, 2017

    Chancery Halts ServiceMesh Case For Criminal Investigation

    A Delaware Chancery judge on Thursday granted the U.S. government’s request to halt all discovery in a case alleging the founder of cloud computing company ServiceMesh Inc. paid bribes to score nearly $100 million in earn-out payments from the company's sale, so the feds can finish a criminal investigation.

  • July 20, 2017

    HK Court Shuts Down AIG Appeal Over Award, Again

    Months after scolding AIG for its "totally without merit" challenge to an arbitral award canceling the insurer's rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, a Hong Kong appeals court has once again rebuffed AIG.

  • July 20, 2017

    Jersey Casino Seeks $10M From Maker Of Defective Cards

    An Atlantic City hotel casino asked a New Jersey federal court on Wednesday for an award of $10.13 million from the manufacturer of defective playing cards at the heart of a broader lawsuit against two professional gamblers who exploited a card abnormality while playing Mini Baccarat.

  • July 20, 2017

    Sabre Asks 2nd Circ. To Ax $15M US Airways Antitrust Win

    Travel booking company Sabre on Wednesday asked the Second Circuit to overturn a $15 million jury verdict awarded to US Airways in the airline’s antitrust suit over Sabre’s contract terms, saying the decision did not heed the appeals court’s holding in a case involving merchant rules imposed by American Express.

  • July 20, 2017

    Texas Panel Revives $2.3M Arbitration Award Against City

    A highway and road construction company won its bid to have reinstated a $2.3 million arbitration award stemming from disputes with the city of Edinburg, Texas, over two road construction projects, when a Texas appellate court held Thursday that the trial court wrongly vacated the award.

  • July 19, 2017

    NY Judge Greenlights Racketeering Suit Over Event Co. Sale

    A New York federal judge ruled Tuesday that the founder of the Manhattan Cocktail Classic can proceed with her racketeering suit against a husband-and-wife duo she has accused of scamming her into selling the drinks festival’s production company and then paying less than a tenth of the nearly $1 million agreed-upon price.

  • July 19, 2017

    Rams Fans Urge Court Not To Call Timeout In Relocation Suit

    More fans suing the Rams NFL team over its move to Los Angeles on Tuesday urged a Missouri federal court not to pause two of the consolidated suits pending arbitration in the team’s dispute with a local convention center.

  • July 19, 2017

    IPhone Makers Fight Qualcomm Injunction Bid In Royalty Suit

    IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.

  • July 19, 2017

    3rd Circ. Upholds Toss Of Oil Producer Claims To Sold Oil

    In a decision with broad implications for the nation’s oil and gas industry, the Third Circuit on Wednesday upheld a 2015 district court ruling that rejected unsecured oil producer claims against companies that purchased their oil from a bankrupt intermediary.

  • July 19, 2017

    Horizon, Hospitals Reach Tentative Deal On $125M Claims

    Three New Jersey hospitals told a federal court Tuesday that they have reached a tentative deal with Horizon Healthcare Services Inc. to resolve claims that the insurer owes them more than $125 million for out-of-network services and that the company has made false and misleading statements in an effort to drive them into bankruptcy.

  • July 19, 2017

    Ex-Orrick Patent Partner Joins Rimon In Northern Calif.

    Intellectual property and commercial litigator Matthew Poppe has joined boutique firm Rimon PC in Northern California after a long career at Orrick Herrington & Sutcliffe LLP, telling Law360 he wanted to seek out the dynamic energy of a growing firm.

  • July 19, 2017

    Fintech Co. Wins Court-Ordered Access To Swap Servicer

    Financial technology firm trueEX LLC won a preliminary injunction on Tuesday from a New York federal court granting it access to the interest rate swap trading network of MarkitSERV Ltd. while an antitrust lawsuit between the pair plays out.

  • July 19, 2017

    $535M Energy Transfer Partners Win In Pipeline Case Undone

    A Texas court of appeals on Wednesday reversed a trial court’s $535 million judgment in favor of Energy Transfer Partners, which alleged Enterprise Product Partners LP had cut it out of a pipeline deal, deciding the two companies were not partners with a duty of loyalty.

  • July 19, 2017

    Verizon Backs Sprint's Bid For Redo Of Access Fee Ruling

    State and regional subsidiaries of Verizon Communications asked Tuesday to join Sprint in requesting that the Fifth Circuit rehear a case over whether the service provider must pay local CenturyLink Inc. units $12.5 million in telecommunications access fees.

Expert Analysis

  • When LinkedIn Emails Don't Violate A Noncompete

    James Patton Jr.

    An Illinois state appeals court's recent decision in Bankers Life & Casualty v. American Senior Benefits serves as another reminder to employers that the type of activity in question is crucial in determining whether an individual violates his or her nonsolicitation agreement on social media, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Equity And Incentive Compensation Plans For Startups

    Excerpt from Lexis Practice Advisor
    Jotham Stein

    To effectively advise startups, and the investors that frequently finance them, it is imperative to understand startup equity and incentive compensation structures. Jotham Stein of the Law Offices of Jotham S. Stein PC discusses common compensation practices of investor-backed, Kickstarter-funded and bootstrapped startup enterprises.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Growing Demand For Mediation Of Data Breach Disputes

    Kenneth Rashbaum

    Most disputes that arise from breaches of information have their roots in agreements between the parties as to how that information would be maintained. More and more contract drafters are including some form of alternative dispute resolution in those agreements, says Kenneth Rashbaum of Barton LLP.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.