Commercial Contracts

  • February 21, 2018

    Westinghouse Cleared To Solicit Votes On Ch. 11 Plan

    Westinghouse Electric Co. LLC received approval Wednesday from a New York bankruptcy court to distribute its restructuring plan solicitation materials to creditors, keeping the distressed nuclear technology and contracting giant on track to confirm its plan by the end of March.

  • February 21, 2018

    Express Scripts Beats NY Pharmacy's Antitrust, Contract Suit

    A Missouri federal judge on Wednesday dismissed a New York pharmacy’s antitrust and breach of contract suit accusing Express Scripts Inc. of baiting it into a mail-order contract only to drop the deal months later, finding the relationship between the two was limited to retail-pharmacy business.

  • February 21, 2018

    'Convoluted' Construction Loan Row Remanded Again

    A New Jersey appellate court on Wednesday for the second time sent back to trial court a “convoluted” dispute over construction and development loan payments and two foreclosed properties, saying that the lower court still had not fully clarified the value of the properties or why it considered some of the evidence “incompetent.”

  • February 21, 2018

    Huawei Fights Samsung Bid To Block China Patent Injunction

    Huawei Technologies Co. on Tuesday slammed Samsung's bid to block an injunction issued in China last month barring the South Korean company from selling smartphones that infringe two Huawei patents, calling Samsung's request to a California federal judge “extraordinary.”

  • February 21, 2018

    3rd Circ. Ruling Can't Doom Venezuela Case, Oil Giant Says

    ConocoPhillips Co. and subsidiaries of Venezuela's national oil company clashed on Tuesday over the effect of a recent Third Circuit ruling preventing the Delaware subsidiary of Venezuela's national oil company from being sued to collect a $1.39 billion arbitral award, with the parties at odds over whether the decision means their dispute over the country’s seizure of oil project assets must be dismissed or simply restarted. 

  • February 21, 2018

    Cozen Can't Exit Suit Over Ex-Atty's Alleged Conspiracy

    A Pennsylvania federal judge has ruled Cozen O'Connor must face a suit brought by corporate investors who claim the firm is responsible for the actions of one of its former attorneys accused of misleading them on a Philadelphia real estate project, but tossed the claims tied to the attorney's alleged actions after leaving the firm.

  • February 21, 2018

    Payment Method Puts Contractor On Hook For Covering Injury

    A New York state appeals court Tuesday ruled that the way construction company Cavan Corp. of NY was paid to oversee a Manhattan construction site cleared insurer Houston Casualty Co. of having to cover a lawsuit by a worker injured on Cavan's watch.

  • February 21, 2018

    Tops Supermarkets Opens $1.2B Ch. 11, Plans Debt Rework

    Regional supermarket chain Tops Markets LLC opened a nearly $1.2 billion Chapter 11 restructuring in New York bankruptcy court on Wednesday, saying it needs to reduce its debt load, optimize supply and lease agreements and “constructively engage” with its labor unions.

  • February 21, 2018

    FERC Won't Budge On Trans-Alaska Pipeline Rate Calculation

    The Federal Energy Regulatory Commission on Tuesday stuck to how it calculates certain payments made by companies using the Trans-Alaska Pipeline System, after the D.C. Circuit in 2016 ordered the agency to re-evaluate its formula because it wrongly ignored evidence from an Alaska refiner that the formula was flawed.

  • February 21, 2018

    Disney Suit Against Redbox Is Copyright Misuse, Judge Says

    A California federal judge on Tuesday refused to give Walt Disney Co. a court order that would have barred Redbox from renting digital movies at its kiosks, calling the studio’s case a misuse of copyright law.

  • February 20, 2018

    ETE's Warren Defends Fairness Of $1B Private Unit Issue

    Energy Transfer Equity LP Chairman Kelcy Warren rejected claims Tuesday that self interest drove a $1 billion private securities initiative effectively closed to nearly 70 percent of ETE’s unitholders in 2016, during a trial in Delaware on a class call for damages and cancellation of the terms.

  • February 20, 2018

    Logistics Co. Must Face At Least 1 Claim In Lobster Theft Suit

    A Massachusetts federal judge on Tuesday rejected a logistics company’s bid to duck a claim involving the theft of a truck containing lobster worth $318,000, but said she'd consider arguments in favor of nixing two others.

  • February 20, 2018

    Hospital Can't Arbitrate Patient Death Suit, Ohio Court Says

    An Ohio appeals court on Tuesday declined to send to arbitration a suit accusing a hospital of being responsible for the death of a patient following surgery, saying the hospital waived its right to arbitration by failing to abide by its own terms set forth in the arbitration agreement.

  • February 20, 2018

    Wilmington Suit Over Ex-Chesapeake CEO's $464M Debt Stays

    A New York federal judge on Friday largely left intact a suit brought by Wilmington Trust National Association over a $464 million loan guaranty from the late Chesapeake Energy CEO and part-owner of the NBA's Oklahoma City Thunder, finding the court has jurisdiction to hear the case.

  • February 20, 2018

    Ex-Citadel Plastics CEO Demands Advancement Of Legal Fees

    The former president and CEO of Citadel Plastics Holdings LLC filed a complaint late Friday in Delaware seeking advancement of his legal fees incurred in relation to the $800 million acquisition of the company and a federal criminal investigation into alleged fraud.

  • February 20, 2018

    Frank Ocean Sues Producer Over 'Blonde' Tracks Authorship

    Singer-songwriter Frank Ocean is accusing a music producer of falsely attempting to claim authorship of songs on his 2016 hit album “Blonde,” alleging “a serious and substantial violation” of his rights under the Copyright Act in a complaint filed in California federal court Tuesday.

  • February 20, 2018

    Miami-Dade Sues Marlins For Cut Of Profits From $1.2B Sale

    Miami-Dade County sued the Miami Marlins on Friday, claiming the Major League Baseball team is withholding a 5 percent cut of profits from the team’s $1.2 billion sale under the terms of a 2009 contract for public financing of the team’s $600 million stadium.

  • February 20, 2018

    Judge Transfers Storage War Over Search Engine Optimization

    A federal judge in Massachusetts on Tuesday kept alive, but transferred to Texas, a small storage facility’s claim that misleading website URLs undercut state and federal antitrust and trademark laws for an edge in Google search results.

  • February 20, 2018

    Medical E-Records System Maker Counters Rival's $30M Suit

    Electronic medical records company ZenCharts LLC responded Friday to a $30 million suit by rival Kipu Systems, denying claims it ripped off Kipu's cloud-based records system and adding its own counterclaims that Kipu has interfered with its legitimate efforts to build a superior system.

  • February 20, 2018

    $1.7M Coal Shovel Row Should Stay Paused, Court Hears

    Three companies embroiled in a $1.7 million dispute over the botched shipment of a pair of secondhand electric coal mining shovels from Australia to the U.S. urged a Virginia federal judge on Monday to keep litigation between them paused, saying arbitration in London is ongoing.

Expert Analysis

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor
    Tolin_David.jpg

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • ‘Home Country’ Arbitration Clauses — Worth The Trouble?

    Timothy Nelson

    Although the varying approaches by two circuit courts in the cases of Bamberger Rosenheim v. OA Development and Polimaster v. RAE Systems might be explained by differently worded clauses, the outcomes nevertheless show that court interpretations of “home country” clauses can be difficult to predict, say partners with Skadden Arps Slate Meagher & Flom LLP.