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Commercial Contracts

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    Ex-NFLer Fights 'Frivolous' Sanctions Bid In Home Build Suit

    A former New England Patriots linebacker urged a Massachusetts federal court Tuesday to ditch a bid for sanctions against him and his wife by a company accused of failing to build his dream house, saying the motion is a "frivolous" attempt to block testimony from key players in the breach-of-contract and copyright case.

  • December 12, 2018

    La. Shipyard Labor Contractors Fined In Employment Bias Suit

    A pair of Louisiana shipyard labor contractors were slapped with an $857,868 civil penalty for discriminating based on citizenship in their employment practices, the U.S. Department of Justice said on Tuesday.

  • December 11, 2018

    ZeniMax, Oculus End Appeals Of $304M IP Judgment

    ZeniMax Media Inc. and Oculus VR LLC announced Monday they settled their cross-appeals in the Fifth Circuit stemming from disputes that led to a final judgment of $304 million in favor of ZeniMax after a jury found that Facebook-owned Oculus infringed its virtual reality intellectual property.

  • December 11, 2018

    Barclays Prevails In Hedge Fund's Breach-Of-Contract Suit

    More than a year after taking the matter up in a bench trial, a Manhattan judge has found in favor of Barclays PLC in a decade-old suit brought by a unit of hedge fund Black Diamond Capital Management LLC over whether the bank defaulted on a derivatives contract in the height of the 2008 financial crisis.

  • December 11, 2018

    Houston Attys Agree On How To Split $12M Arbitration Row

    A settlement between three law firms — two with Houston ties — jockeying for their share of winnings from a $12 million settlement reached in February in a dispute between Universitas Education LLC and Wilmington Savings Fund Society FSB over the fund's alleged mismanagement of a trust has been approved by a federal judge in Virginia.

  • December 11, 2018

    Stormy Daniels Owes Trump Attys $300K In Fees, Sanctions

    Stormy Daniels must pay President Donald Trump's attorneys approximately $300,000 in fees, costs and sanctions, which was less than half of what they originally sought, a California federal judge ordered Tuesday following the dismissal of the adult film star's defamation suit against the president.

  • December 11, 2018

    Cotton Trade Group Says Indian Co. Owes $3.3M

    An American cotton trade group has asked an Arizona federal court to confirm that an Indian yarn spinner owes the group nearly $3.3 million under an arbitration award stemming from the foreign company’s unsuccessful competition and contract claims.

  • December 11, 2018

    NYC Construction Co. Files For Ch. 11 Amid Unpaid $122M

    A New York-based mechanical construction company has filed for Ch. 11 protection, citing more than $122 million in outstanding payments and damages owed to it by project owners and an equipment maker, including the New York City Department of Environmental Protection.

  • December 11, 2018

    Five Guys Blasts Architects' Move To 'Short-Circuit' IP Suit

    Burger chain Five Guys has urged an Illinois federal judge not to discard the company's argument that its restaurant design agreement with an architecture firm allowed the eatery to share design plans with others, saying a dismissal bid by the architect is untimely and "borderline frivolous."

  • December 11, 2018

    Airbnb Settles With Miami Apt. Complex Owners, Averts Trial

    Airbnb Inc. averted a trial Tuesday by settling a suit brought by the owner of several Miami-area apartment buildings that claimed the home-sharing platform supports and encourages unauthorized short-term rentals.

  • December 11, 2018

    Insurer Says It Doesn't Owe USC Coverage In Abuse Suits

    United Educators Insurance has sued the University of Southern California in New York state court in a bid for a declaration that the insurer doesn't have to cover a $215 million class action settlement and multiple other lawsuits pending against the university over a former school gynecologist's sex abuse scandal.

  • December 11, 2018

    NFL Illegally Relocated Raiders To Vegas, Oakland Says

    The city of Oakland, California, on Friday sued the NFL over its 2017 decision to relocate the Raiders to Las Vegas, saying the league violated its own policies and antitrust laws by boycotting Oakland from the decision process.

  • December 11, 2018

    Liberty Tax Franchisee Asks Justices To Revive $2.7M Award

    A former Liberty Tax franchise owner has asked the U.S. Supreme Court to review a Fourth Circuit decision partially vacating a $2.7 million award in his favor, saying the ruling contradicts Virginia law and contract terms.

  • December 11, 2018

    Texas Medical Device Co., Atty Settle Suit Over Alleged Scam

    A medical device developer has settled a case accusing a California attorney of scamming it out of $1.76 million by misrepresenting her ability to connect the company with potential clients in Asia and continuously trying to get more money.

  • December 10, 2018

    Shire Must Cough Up Some Docs In Pay-For-Delay Suit

    Shire LLC will have to turn over documents in an antitrust suit accusing it and Actavis of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Monday.

  • December 10, 2018

    Architecture Firm To Arbitrate Dispute Over Hotel Plans

    A dispute between an architect and a property management company that allegedly tried to use its plans without paying for them is headed for arbitration after an Illinois federal court ruled Monday that an arbitration agreement in the contested contract is enforceable.

  • December 10, 2018

    Deutsche Bank, Investors Seek Quick Wins In RMBS Suits

    Residential mortgage-backed securities investors have asked a New York federal court for rulings they say will narrow the issues for potential trial in two lawsuits they’ve brought over Deutsche Bank’s alleged failures as trustee for dozens of pre-crisis RMBS trusts, even as the bank says the cases should not be allowed to get that far.

  • December 10, 2018

    Ex-Financial Co. CEO Accuses Financier Of Sabotage

    The former CEO of a financial firm has sued Emigrant Bank and several of its board members in Texas state court, accusing them of personal and professional sabotage intended to drive down the value of the company so it could be acquired on the cheap. 

  • December 10, 2018

    Jay-Z Claims Movement In Arbitrator Diversity Request

    Music mogul Jay-Z told a New York state court Monday that the American Arbitration Association has agreed to work with him to ensure more African-American arbitrators would be available in the pool of potential people to hear his intellectual property dispute with Iconix Brand Group Inc.

Expert Analysis

  • Recent Trends In Intercreditor Agreements

    Excerpt from Lexis Practice Advisor
    Bruce Cybul

    In the current commercial real estate market, mortgage lenders' cautious approach should continue to provide mezzanine lenders with ample opportunities. By maintaining an important role in transactions, mezzanine lenders can gain more leverage when negotiating intercreditor agreements, say attorneys at Schulte Roth & Zabel LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Employee Arbitration Agreements In NJ Face New Hurdles

    Benjamin Teris

    New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.

  • Opinion

    Amrock Appeal Of Trade Secret Verdict Is No Surprise

    Thomas Hodge

    Last month, Amrock appealed a curious verdict that awarded contract breach defendant HouseCanary $706 million on a trade secret counterclaim. There are several factors that should cause one to raise an eyebrow over this initial outcome, says Thomas Hodge of Brock and Scott PLLC.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Key Choices For Investors Under New Partnership Audit Rules

    Brad Wagner

    For 2018 returns, partnership tax audit adjustments will be assessed at the partnership — not the partner — level, causing a potentially inequitable result in the typical foreign blocker structure. The IRS has issued favorable, albeit complex, regulations to address this scenario, says Brad Wagner of Wagner Duys & Wood LLP.

  • Negotiating Access To Neighboring Properties In NYC

    Jeffrey Reich

    Due to the requirements of state law and properties' close proximity to one another, the need for well thought-out agreements providing license to access adjoining properties is the rule — not the exception — in New York City, says Jeffrey Reich of Schwartz Sladkus Reich Greenberg Atlas LLP.

  • Drafting Effective Joint Bidding Agreements For PE Funds

    Sawyer Duncan

    Club deals involving one or more private equity funds are becoming increasingly popular across the market. Failure to consider the numerous unique mechanics of such deals can dramatically inhibit investors’ ability to realize value, says Sawyer Duncan of King & Spalding LLP.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.