Commercial Contracts

  • February 17, 2017

    Kuwaiti Cos. Can't Exit FCA Suit Over Service Process

    A George federal judge on Friday declined for the time being to dismiss a False Claims Act suit brought against Kuwaiti companies contracted to feed U.S. armed forces in the Middle East, saying they have been sufficiently served.

  • February 17, 2017

    Countywide Mineral Grant To Get Texas High Court Review

    The Texas Supreme Court agreed Friday to hear a case about whether a deed conveying all of a property owner's minerals in Harrison County is enforceable after a lower court held that the wording was ambiguous.

  • February 17, 2017

    FDIC Can Split Colonial Trials Against Crowe Horvath, PWC

    An Alabama federal judge agreed Friday to split trials for claims by the Federal Deposit Insurance Corp. alleging that Crowe Horwath LLP and PricewaterhouseCoopers LLP acted negligently by failing to catch a $1.8 billion fraud scheme involving defunct former client Colonial BancGroup Inc.

  • February 17, 2017

    Class Cert. Granted For Overcharged Stericycle Customers

    An Illinois judge Thursday granted class certification in a $608 million multidistrict litigation against medical waste disposal company Stericycle Inc., saying the class members had common ground in their complaints of fraudulent overcharges.

  • February 17, 2017

    Ex-Tribal Officials Slam Stay Terms In $6M Embezzlement Row

    Former Paskenta Band of Nomlaki Indians officials accused by the tribe of a wide-reaching $6 million embezzlement scheme continued Thursday to press a California federal court to pause the dispute while related criminal charges against some of them are resolved, blasting the tribe’s request that certain conditions be imposed on such a pause.

  • February 17, 2017

    Groups Back Uber Customers In 1st Circ. Airport Fee Dispute

    A public interest law firm and consumer advocacy group sought Thursday to weigh in on a First Circuit appeal of a proposed class action alleging ride-hailing giant Uber hid extra fees for airport trips, saying the company is unfairly imposing terms on consumers that are buried in online agreements.

  • February 17, 2017

    LNG Co. Says Tribunal Made Supply Row Impossible To Win

    A Spanish liquefied natural gas company pushed a New York federal court Friday to scrap an arbitration ruling absolving its Trinidadian supplier of breaching a 20-year contract, arguing the international tribunal imposed an unfair burden of proof upon it during the proceedings.

  • February 17, 2017

    Avis Says Insurer Owes Coverage For $23.5M Crash Verdict

    Avis has slapped its insurer with a lawsuit in New Jersey federal court alleging that the business has improperly refused to provide coverage in two personal injury actions, including one case in which a jury recently returned a $23.5 million verdict against the car rental company.

  • February 17, 2017

    Applebee's Franchisee Tries Again To Escape Arbitration Suit

    An Applebee's franchisee has again asked a Florida federal court to throw out a case brought against it by the U.S. Equal Employment Opportunity Commission, saying Thursday the arbitration agreement it has required employees to sign does not restrict their rights to pursue discrimination claims.

  • February 17, 2017

    Texas High Court To Hear $42M Atty-Client Fee Dispute

    The Texas Supreme Court on Friday granted a request from the owner of a water supply company, who argued a lower court ignored a jury's findings and wrongly granted a new trial to his two former lawyers in a contingency fee dispute lawsuit involving their right to a stake in his company.

  • February 17, 2017

    Installer Blasts Comcast's Quick Win Bid In Antitrust Spat

    A former Comcast subcontractor accusing Comcast of a conspiracy to divide the market for cable installation services asked a California federal court Thursday to deny the cable company’s bid for summary judgment in the case, saying there is substantial evidence of a conspiracy.

  • February 17, 2017

    Consulting Co. Wants $3.2M Award Against Dolphin Park OK'd

    A financial consulting company asked a California federal court Thursday to confirm a $3.2 million arbitration award it won against a dolphin park operator regarding a fee dispute over finding investors, saying the Mexico-based operator has refused to pay the award.

  • February 17, 2017

    Judge Trims Some Of HP's Defenses In Oracle Copyright Row

    A California federal judge on Thursday struck five of Hewlett Packard’s defenses in a suit brought by Oracle claiming HP was part of a conspiracy to distribute its copyrighted software code through support companies, while allowing fair use and other defenses to move forward.

  • February 17, 2017

    Exxon, Shell Defend Docs Request In $1.8B Award Row

    Subsidiaries of Exxon Mobil Corp. and Royal Dutch Shell PLC pushed further for access to a Nigerian state-owned oil company’s documents Thursday, telling a New York federal judge they are key to confirming a $1.8 billion arbitral award over a production sharing contract.

  • February 17, 2017

    Texas Justices Won't Review Morgan Keegan Securities Suit

    The Texas Supreme Court on Friday said it would not review wealth management and capital markets firm Morgan Keegan’s argument it was wrongly held liable for not telling investors the true risks of a mortgage-backed securities stake, leaving intact a $2.1 million judgment.

  • February 16, 2017

    Breast Implant Fight Should Stay In Court, Brazilian Co. Says

    The Brazilian manufacturer behind Sientra Inc.’s silicone breast implants fought back Wednesday against Sientra’s attempts to pause litigation between the companies in favor of international arbitration, telling a New York federal court that such a move would drag out urgent intellectual property matters.

  • February 16, 2017

    Facebook CEO, GC Keep Win Against Atty's Defamation Claim

    An attorney who accused Mark Zuckerberg and Facebook’s general counsel of defamation over a newspaper quote about their malicious prosecution action against him saw his case tossed by a California appellate panel on Wednesday after the panel ruled that the statement qualified as protected communication to the press.

  • February 16, 2017

    Texas Court Affirms $1M Award In Drill Co.'s Oral Agreement

    Texas' Fourteenth Court of Appeals on Thursday sided with Dynomax Drilling Tools Inc. in its dispute with Duradril LLC over an oral asset purchase agreement, affirming a lower court's ruling awarding $1 million to Dynomax.

  • February 16, 2017

    English Judge Won't Remove Arbitrator From Insurance Row

    London's High Court has declined to dismiss an arbitrator overseeing an insurance coverage dispute, rejecting a company's contention that the arbitrator could be biased because he is overseeing related parties in other arbitration tribunals.

  • February 16, 2017

    Pa. Appeals Court Bars Claims On Properties Not In Dispute

    A Pennsylvania appeals court on Thursday found that a legal dispute over proceeds owed from the sale of a Franklin County-based company did not allow its former owner to maintain a claim on its corporate headquarters.

Expert Analysis

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Series

    10 Years Of MedImmune: How License Agreements Changed

    Jonathan Lourie

    In the decade following the U.S. Supreme Court's decision in MedImmune, patent holders have taken into account the increased risk of a subsequent patent challenge by including provisions in license agreements that are a disincentive to the licensee challenging the validity of the licensed patent, say Jonathan Lourie and Vicki Norton of Duane Morris LLP.

  • What You Need To Know About 'Unrestricted Subsidiaries'

    Michael Friedman

    Investments in “unrestricted subsidiaries” are an exception to investment covenants and are being increasingly used in restructuring a company’s capital structure. Before purchasing any debt, distressed investors need to be mindful of what unrestricted subsidiaries are and how they may affect the overall credit of a company or debt recoveries, say attorneys with Chapman and Cutler LLP.

  • Series

    10 Years Of MedImmune: What Trademark Owners Learned

    James E. Griffith

    Despite initial worries from practitioners, the U.S. Supreme Court's decision 10 years ago in MedImmune has provided greater predictability as to the circumstances that will warrant declaratory judgment jurisdiction, allowing trademark owners to make informed decisions about their enforcement strategies, say James Griffith and Michelle Bolos of Marshall Gerstein & Borun LLP.

  • Adapting Supply Relationships To Embrace Disruptive Tech

    Marjorie H. Loeb

    Building connected and autonomous vehicles requires the automotive industry, both manufacturers and traditional component suppliers, to embrace disruptive technology and work hand-in-hand with information technology providers. Bringing together these two spheres, however, will not be without its challenges, say Marjorie Loeb and Linda Rhodes of Mayer Brown LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • A Lesson On The Rule Of Explicitness

    Sarah R. Borders

    A New York federal court's recent ruling in U.S. Bank v. T.D. Bank serves as a good reminder that lenders should carefully consider the interplay between loan documents in order to ensure they correctly represent the parties' intent. Under applicable state law, the rule of explicitness may apply to intercreditor disputes outside of bankruptcy, not just to disputes within a bankruptcy proceeding, say attorneys with King & Spalding LLP.