Commercial Contracts

  • March 24, 2017

    Oil Cos.' Trade Secrets Row 'Waste Of Time,' Judge Says

    A Texas judge mulling National Oilwell Varco’s requests for sanctions against a Schlumberger unit and the toss of some jury findings following a two-week trade secrets trial scolded both sides during a hearing Friday, telling the competing equipment and service providers in the oil and gas industry that the case represented a waste of time.

  • March 24, 2017

    6th Circ. Says Award Can Stand In Law Firm Partnership Row

    The Sixth Circuit on Friday sided with three members of a now-dissolved law firm in a dispute over a fourth member's share in the partnership during retirement, finding an Ohio federal court was right to allow an arbitrator to resolve the disagreement, and that her rulings were proper.

  • March 24, 2017

    Stryker Unit Fights To Keep DJO Poaching Suit In NJ

    Counsel for a Stryker Corp. unit suing DJO Global Inc. and several of its employees over claims DJO illegally poached Stryker staff clashed Friday with a New Jersey federal judge over whether forum selection clauses in certain noncompete agreements meant New Jersey is the right home for the case.

  • March 24, 2017

    Swift Slams Drivers' Bid To Restart Class Suit Pending Appeal

    Swift Transportation Co. slammed a group of drivers’ bid to restart their proposed class action alleging the company misclassified drivers as independent contractors, saying Thursday that the Ninth Circuit is still weighing its appeal of an Arizona ruling that its drivers’ contractor agreements were contracts of employment.

  • March 24, 2017

    Liberty Mutual Looks To Fight Off Judge Recusal Bid

    Liberty Mutual Insurance Co. fought back Friday against a bid by Commercial Concrete Systems LLC to disqualify a Florida federal judge from adjudicating a breach of indemnity agreement suit, arguing the judge's brief stint as a lawyer at the firm advising Liberty does not indicate bias.

  • March 24, 2017

    Pa. School District Sues Turf Provider Over Defective Fibers

    A Pennsylvania school district on Thursday filed the latest in a number of would-be class action lawsuits accusing Fieldturf USA in Pennsylvania federal court of providing fields that it knew had defective artificial turf fibers.

  • March 24, 2017

    $4M Deal OK'd In PayPal Funds-Hold Saga

    A federal judge in California gave final approval Friday to a $4 million settlement of class claims that PayPal Inc. improperly placed holds on account funds, bringing a close to litigation that saw a previous proposal rejected.

  • March 24, 2017

    2 Express Scripts Claims Tossed In Anthem Contract Dispute

    A New York federal judge on Thursday dismissed two of six counterclaims brought by Express Scripts against Anthem Inc. in a dispute over negotiations tied to a pharmacy benefit management services contract between the two companies, finding that they were too similar to another of Express Script’s allegations.

  • March 24, 2017

    Sanum Still Looking For $200M Award With New York Suit

    Sanum Investments Ltd. continues to try and enforce a $200 million award issued by a Singapore tribunal against Laotian companies accused of pushing it out of a casino venture, with a New York state lawsuit Thursday arguing the win must be confirmed.

  • March 24, 2017

    Baseball CEO Calls Privileged Docs In Expansion Suit 'Unfair'

    The CEO of the Rockford Aviators baseball team in the independent Frontier League said that a team owner in the league cannot raise attorney-client privilege over certain discovery documents in the case, telling an Indiana federal judge on Thursday that the owner’s designation is too broad.

  • March 24, 2017

    Loop, Attys Face $3.5M Fee Bid In 'Nightmare' IP Suit

    Almawave S.p.A. asked a California federal judge Thursday to force Loop AI Labs Inc. and its lawyer to pony up $3.5 million in attorneys’ fees — and a $250 still-unpaid sanction over spilled coffee in a deposition — in a contentious trade secrets dispute the company called a “nightmare.”

  • March 24, 2017

    Citigroup Won't Seek $9.4M Fees, Costs In Arbitration Spat

    Citigroup has told a New York federal court it will drop its bid to recover more than $9.4 million in attorneys' fees and costs incurred during litigation to confirm a 2016 arbitration award, which rejected a claim brought by Abu Dhabi's massive sovereign wealth fund over money lost in a $7.5 billion investment deal soured by the financial crisis.

  • March 24, 2017

    Fraud Claims Must Be Pulled After Smears In Pharma Co. Row

    A California federal judge ordered the founder of a pharmaceutical company on Thursday to withdraw his allegations of securities fraud against his investors and ordered both sides to pay a total of $1,250 in fines, upholding both sides’ claims that the other had disparaged it, but making no findings on a related property dispute.

  • March 24, 2017

    Hong Kong Co. Asks Court To Enforce $1.5M Arbitral Award

    A Hong Kong company on Thursday asked a Texas federal judge to enforce its $1.5 million arbitration award against a buyer that denies its validity because while the sales contract for the shipment of a rubber-production chemical had an arbitration clause, emails changing the terms did not.

  • March 24, 2017

    KRE Group, Partner Score NJ Rental Complex In $70M Deal

    The Kushner Real Estate Group said Thursday that it has purchased a 228-unit rental community in Springfield, New Jersey, in partnership with Avenue Realty Capital for $70 million, its third purchase of a multifamily asset in that region of New Jersey in recent months.

  • March 24, 2017

    Uber Arbitration Appeal May Hinge On Rakoff Court Comment

    Second Circuit Judge Denny Chin asked Friday if a trial should be held on whether Uber's mandatory arbitration clause was unlawfully buried in the smartphone of a rider who brought a price-fixing action — and the answer may hinge on a comment U.S. District Judge Jed S. Rakoff made in open court.

  • March 24, 2017

    MLB Accused Of Using Confidential Info For Training Website

    The developer of a Major League Baseball-branded website providing instructional content for youth baseball players, coaches and parents accused the league in New York state court on Wednesday of using confidential information to create a competing website with another partner.

  • March 24, 2017

    Rubbermaid Wants Award From No-Show Supplier OK’d

    Rubbermaid Commercial Products LLC has petitioned a New York federal court to confirm an International Centre for Dispute Resolution contract breach award won against a Chinese supplier accused of never furnishing paid-for cookware and never returning Rubbermaid molds and tools.

  • March 23, 2017

    Cozen Continues Miami Growth With 3 Commercial Litigators

    Cozen O'Connor has continued its rapid growth in Miami, announcing the addition of three commercial litigators it says will contribute in a variety of areas, including contracts, antitrust cases, bankruptcy fraud, real estate and construction matters, and litigation involving government entities.

  • March 23, 2017

    Chancery Says Release From Co. In Receivership Binding

    A Delaware Chancery judge ruled Thursday that an indemnification agreement the former president of Southern China Livestock Inc., which was put into receivership after abandoning the U.S. markets, struck was binding and blocks him from breach of fiduciary duty claims from the company’s receiver.

Expert Analysis

  • The Rise Of The Modern Carveout

    Crozier_Jannan.jpg

    It's not just trade buyers who are taking advantage of the growing trend of carveout transactions. In a market where there are fewer standalone opportunities, financial sponsors are increasingly prepared to tackle carveout transactions as a means of generating higher returns, say Jannan Crozier and Richard Needham of Baker & McKenzie LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • Construction Projects Require Special Contracts In Nevada

    Paul Georgeson

    Standard form construction contracts and custom contracts developed for use in other states do not comply with Nevada law. When beginning a construction project in Nevada, those contracts must be modified to account for the state's unique construction statutes, says Paul Georgeson of McDonald Carano LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • MLP Agreement Lessons From Delaware High Court

    Matthew J. O’Toole

    Three Delaware Supreme Court decisions over the last year illustrate that the Delaware Revised Uniform Limited Partnership Act provides a master limited partnership sponsor and its counsel substantial flexibility to privately order the affairs of an MLP. The contractual freedom is subject, however, to the limited application of the implied covenant of good faith and fair dealing, say attorneys with Potter Anderson & Corroon LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.