Commercial Contracts

  • January 20, 2017

    Texas Justices Won't Review Contempt Order In Contract Feud

    The Supreme Court of Texas on Friday denied a mandamus petition filed by a baking soda manufacturer that had sought to nix a $500 fine it received for allegedly violating a restraining order temporarily put in place by a judge overseeing contract litigation between the manufacturer and its former wholesaler.

  • January 20, 2017

    Chancery Urged To Ax Fraud Claims Over $800M Plastics Deal

    Citadel Plastics and its former private equity backers urged the Delaware Chancery Court on Friday to nix fraud claims from A. Schulman Inc., which purchased the company for $800 million, arguing the case is simply an overblown contract dispute.

  • January 20, 2017

    Texas Justices To Hear Health Care Noncompete Row

    The Supreme Court of Texas on Friday agreed to hear oral arguments on whether a state appeals court improperly cut $4.2 million in awarded damages from Horizon Health Corp.’s successful employee poaching suit against a competitor and former executives who switched teams.

  • January 20, 2017

    Texas High Court Won't Hear Legal Recruiter's Fee Fight

    The Texas Supreme Court on Friday declined to hear a dispute between legal recruiter Debra Hren and Recruiting Partners GP over a fee-splitting agreement involving the placement of a former Baker Botts LLP partner, leaving in place a lower court's ruling that Hren had no individual right to sue.

  • January 20, 2017

    Apple Sues Qualcomm Over Royalty 'Extortion,' $1B Withheld

    Apple accused Qualcomm on Friday in California federal court of illegal business practices, overcharging Apple “billions of dollars” in royalties, withholding nearly $1 billion in rebates and trying to extort Apple after it cooperated in a Korean regulator’s investigation into the chipmaker’s licensing practices.

  • January 20, 2017

    General Fed Contractors Can Recoup Atty Fees: 11th Circ.

    An Eleventh Circuit panel’s unpublished opinion Friday revived a bid by a U.S. Department of Veterans Affairs general contractor and its insurer sureties to recoup attorneys' fees on a dropped subcontractor suit alleging shorted payment, concluding the law doesn’t limit attorneys' fees from such suits only to subcontractors.

  • January 20, 2017

    Buyers, Lowe's Settle Flooring Formaldehyde Class Action

    A putative class of consumers has settled claims accusing Lowe's Home Centers and Armstrong Flooring of selling laminate flooring with dangerous levels of formaldehyde, according to papers filed Friday.

  • January 20, 2017

    No Coverage For Wastewater Explosion Suit, 6th Circ. Affirms

    The Sixth Circuit on Friday affirmed a Michigan federal court's ruling that two insurers don't have to defend a project engineering firm in litigation over a fatal explosion at a wastewater treatment plant where it supervised upgrades, finding that coverage is barred by exclusions in both policies for claims stemming from the firm's professional services.

  • January 20, 2017

    NJ Judge Won't Disqualify Firm In Wine Co. Dispute

    A New Jersey judge on Friday declined to disqualify Kaufman Dolowich & Voluck LLP from representing two divisions of the same company embroiled in litigation with a former executive, ruling that the now-ousted CEO didn’t prove the the entities had conflicting interests.

  • January 20, 2017

    AIG Earns Rebuke From HK Judges Over Bid To Nix Award

    American International Group Inc. on Thursday failed to convince a Hong Kong appeals court to take up its challenge to an arbitration award canceling its rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, instead drawing a scolding that its application was "totally without merit."

  • January 20, 2017

    HP Must Face Copyright Claim Over Oracle Code

    A California federal court on Thursday ruled Hewlett Packard Enterprise Co. must face a claim for vicarious copyright infringement in Oracle International Corp.’s suit alleging HP support companies distributed copyrighted Oracle code.

  • January 20, 2017

    Sanction Bid in Dismissed IP Case Still Valid, Sloan Says

    A lawyer representing the Sloan Kettering Institute on Friday urged a New York federal judge to keep alive a sanction bid against counsel for a gene therapy company that sued the cancer researcher, despite the recent dismissal of the underlying lawsuit.

  • January 20, 2017

    Insurers Say GE Can't Arbitrate $45M Steel Co. Row

    A group of insurers for a steel company urged an Alabama federal judge on Thursday to reject a bid by a unit of General Electric Co. to send their claims to arbitration in Germany, saying the company has litigated for too long to invoke its rights.

  • January 20, 2017

    Texas High Court Won't Undo Jenner & Block $3M Fee Award

    The Texas Supreme Court on Friday declined for a second time to hear a dispute between patent-holding company Parallel Networks LLC and Jenner & Block LLP over a lower court's decision that an agreement allowed the firm to drop its representation of Parallel and still receive $3 million in fees.

  • January 19, 2017

    DNA Testing Customer Says Privacy Row Ideal For Class Cert.

    A consumer accusing DNA testing company Gene by Gene of illegally posting the results of customers' genetic tests on public websites asked an Alaska federal judge Wednesday to certify a class of nearly 900 individuals whose information was allegedly exposed, calling the dispute a “textbook case” for certification.

  • January 19, 2017

    Blecher Collins Settles $50M Malpractice Row, Ending Trial

    Blecher Collins & Pepperman PC on Thursday told a California judge it had reached a settlement resolving a military products consultant's $50 million malpractice suit accusing the firm of bungling a contract dispute, ending the parties' jury trial just after their opening statements.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

Expert Analysis

  • What Marblegate Means For Bondholders And Trustees

    Karol K. Denniston

    By not allowing Section 316(b) to be used to disrupt an out-of-court restructuring, the Second Circuit in Marblegate recognized the clear importance of business-oriented consensual restructurings to the detriment of nonconsenting bondholders. The court’s recent ruling also has the potential to be a trap for the unwary indenture trustee, says Karol Denniston of Squire Patton Boggs LLP.

  • Competition In Music Licensing — DOJ Has More To Do

    Thomas M. Lenard

    The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Hague Convention’s Impact On Secured Transactions

    Edwin E. Smith

    Choice-of-law rules for the perfection and priority of a security interest in “securities credited to a securities account” will change on April 1, 2017, when the Hague Securities Convention comes into effect. Edwin Smith and Alan Beloff of Morgan Lewis & Bockius LLP describe what steps secured parties may need to take now for existing secured transactions and in planning for new ones.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.