Commercial Contracts

  • May 25, 2017

    Qualcomm Can’t Delay Discovery In Chip Price-Fix Suit

    A California federal judge on Thursday refused Qualcomm’s request to delay discovery in a putative antitrust class action alleging the chipmaker hurt indirect buyers by fixing the price of microchips used in cellphones, urging both sides to “get this party started now.”

  • May 25, 2017

    Calif. High Court Bats Down Atty's Beef With Facebook GC

    The California Supreme Court decided Wednesday not to take up a defamation case against Mark Zuckerberg and Facebook’s general counsel, leaving in place the appellate court decision to toss the case.

  • May 25, 2017

    Limelight Tells Del. High Court Akamai Deal Misconstrued

    Limelight Networks Inc. is defending its right to walk away from a $40 million IOU to longtime patent rival Akamai, telling the Delaware Supreme Court in a Thursday filing that a judge read requirements into a settlement that were not there.

  • May 25, 2017

    Delhi High Court Targets Property After Upholding ICC Award

    Investors in a canceled Indian IT economic zone have announced that the Delhi High Court issued a warrant for property owned by promoters of the nixed project, who recently lost their latest challenge to a £13.8 million ($17.9 million) International Chamber of Commerce award in favor of the investors.

  • May 25, 2017

    Staples Unit Strikes Data Breach Deal With CVS Customers

    A Staples Inc. unit that handled website operation and photo management for retailers such as Costco Wholesale Corp. and CVS Health Corp. reached a deal with customers who said they were damaged by a 2015 data breach, according to a motion in Georgia federal court on Thursday.

  • May 25, 2017

    Promoter Slams Yahoo March Madness Fee Win At 5th Circ.

    A promoter and prize insurer Wednesday asked the Fifth Circuit to reverse a more than $913,000 attorneys' fees award to Yahoo after it successfully defended against a suit over a scrapped $1 billion NCAA March Madness contest, saying the lower court misapplied state-court precedent.

  • May 25, 2017

    NutraSweet Gets $100M ICC Award Nixed By NY Judge

    A New York state judge has sided with NutraSweet Co. and ordered an International Chamber of Commerce tribunal to reconsider parts of a $100 million award it issued to a Korean food conglomerate following a dispute over a soured aspartame deal, saying the tribunal manifestly disregarded New York law.

  • May 25, 2017

    Qualcomm Wants Apple Manufacturers To Pay Up

    Qualcomm Inc. asked a California federal court on Wednesday to force four Apple Inc. product manufacturers to pay royalties on intellectual property licensing agreements while beefing up its counterclaims against the iPhone maker in a separate case, once again alleging Apple has ordered the factories to withhold payments. 

  • May 25, 2017

    Ex-Chevron Contractor Can't Use, Share Permian Basin Docs

    Chevron USA Inc. won a temporary restraining order in Texas federal court on Wednesday barring an ex-contractor from using or sharing information in more than 8,000 confidential and proprietary documents related to its Permian Basin investments that the oil and gas giant says he stole.

  • May 25, 2017

    Hastert Open To Settling Hush Money Case

    Former House Speaker Dennis Hastert indicated Wednesday he might be open to settling a suit brought by an anonymous man who says the jailed politician owes him nearly $2 million under a deal that kept the man from going public with allegations of sexual abuse.

  • May 25, 2017

    Exxon, Shell Seek Nigerian Bank Docs In $1.8B Award Suit

    Exxon Mobil Corp. and Royal Dutch Shell PLC subsidiaries trying to confirm a $1.8 billion arbitration award against a Nigerian state-owned oil company have urged a New York federal judge to deny an attempt from the country’s central bank to hold on to records related to its foreign accounts.

  • May 25, 2017

    Investor Calls Fraud Suit Against Cozen, Blank Rome Timely

    A British real estate investor defended the timeliness of his Pennsylvania federal court fraud suit against Cozen O'Connor, Blank Rome LLP and Cushman & Wakefield over a failed Philadelphia real estate deal, saying in a filing Wednesday that Pennsylvania’s two-year statute of limitations does not apply.

  • May 25, 2017

    Scottrade Says Customer's Data Breach Claims Again Fail

    Discount brokerage firm Scottrade Inc. urged a Florida federal court Wednesday to toss a proposed class action over a data breach that compromised more than 4.6 million people’s personal information, saying the customer leading the suit has already tried and failed to bring the same deficient claims she alleges now.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

  • May 25, 2017

    Energy Co. Wins $24M In Indonesian Oil Field Investment Case

    A United Nations arbitration tribunal has awarded a Singapore-based subsidiary of PT Medco Energi Internasional $24 million in a dispute with two other energy companies over investments in an Indonesian oil field, a Jakarta news outlet reported Wednesday.

  • May 24, 2017

    Employee Barred From Baggage Co. Over Trade Secrets Spill

    A Florida federal judge on Tuesday issued an injunction against a former baggage handling company employee as part of a settlement agreement ending allegations that he sent the company's trade secrets to Delta Air Lines Inc. during contract negotiations.

  • May 24, 2017

    $51M Class Settlement Wins Initial OK In Hard Rock Suit

    A California federal judge signed off Wednesday on preliminary approval of a $51.15 million proposed class action settlement fund to resolve condo-hotel unit buyers’ claims over a Hard Rock Cafe International USA Inc. venture that allegedly violated land sale regulations.

  • May 24, 2017

    Scripts Unit Awarded $4.6M Refund Withheld By Co. Suing It

    The Delaware Court of Chancery on Tuesday ordered a health company to turn over to an Express Scripts unit that it’s suing for fraud a $4.6 million tax refund it owes based on the sale of a subsidiary, as the chancellor ruled that the lawsuit from the sale had nothing to do with the tax owed.

  • May 24, 2017

    Atty Hits Back At Muzzling Motion In Chiquita MDL

    An attorney accused of improperly copying Chiquita Brands International Inc. on privileged communications in a suit claiming the company paid off a paramilitary group responded to the allegations Wednesday in Florida federal court, saying the issue arises from his attempts to sort out duplicate claims and retainer agreements.

  • May 24, 2017

    NJ High Court Rebuffs Pension Funds' Appeal Of $1B Cuts

    The Supreme Court of New Jersey has decided not to hear an appeal from public employees in their suit seeking to block more than $1 billion in cuts to New Jersey pension funds that were spearheaded by Gov. Chris Christie.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of labor and employment law, the law of noncompetition agreements has been relatively static with most changes coming in the form of court decisions. More recently, however, many states have turned their attention to noncompetes and considered significant procedural and substantive changes in how they are used and enforced, say James Hammerschmidt and Jack Blum of Paley Rothman.

  • An Illinois Court's Lesson For Senior Lenders

    Jason Hirsh

    When does a modification “substantially impair” a junior lender’s priority? While not adopting a bright-line rule to answer this question, an Illinois state appeals court in Bowling Green Sports Center v. GAG LLC offered examples of where it would find “substantial impairment,” resulting in a senior lender losing its priority status, say Jason Hirsh and Erin Mayer Isaacson of Levenfeld Pearlstein LLC.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • An Overview Of Silent 2nd-Lien Loans In The US And Europe

    Frederick Fisher

    Although used often in deal negotiations, the term “silent second” has different meanings for different institutions and different meanings in the United States and Europe. Capital structures that include silent second-lien debt can therefore be complicated, particularly in cross-border transactions involving different insolvency or contract laws, say attorneys with Mayer Brown LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Initial Artifex Ruling Is A Victory For Open-Source Software

    Heather Meeker

    In denying a motion to dismiss in Artifex Software v. Hancom last month, the California federal court held that the copyright infringement and breach of contract claims may proceed on the theories enunciated by Artifex, not necessarily that they will succeed. Still, the case represents a significant step forward for open-source plaintiffs, say attorneys with O’Melveny & Myers LLP.

  • A Futile Limit On Online Auctions For Medical Supplies

    Stephen Sozio

    A Connecticut federal court's recent decision in MedPricer.com v. Becton, Dixon and Company, holding that an online auction service for the purchase of medical supplies violates the Anti-Kickback Statute, unnecessarily limits a means of reducing health care costs and is inconsistent with the spirit and language of the AKS, say Stephen Sozio and Kristine Gallagher of Jones Day.

  • Classifying Gorsuch’s Views On Misclassification

    Rich Meneghello

    Perhaps no modern workplace law conflict screams out for resolution more than the issue of independent contractor misclassification. But how might Justice Neil Gorsuch rule if a case involving this issue worked its way up to the high court? An examination of his previous judicial record offers two significant clues, says Rich Meneghello of Fisher Phillips.