Commercial Contracts

  • October 16, 2017

    Union Lobs Counterclaims In Ezekiel Elliott Suspension Row

    The NFL players union won’t wait for the Fifth Circuit to rectify the “procedural limbo” it said the appeals court left it in to try to free Dallas Cowboys running back Ezekiel Elliott from a six-game suspension, urging the New York federal judge overseeing the NFL’s adjoining suit to grant it an emergency order blocking his suspension Monday.

  • October 16, 2017

    Dean Foods Gets TRO Blocking Ex-Exec From Rival Dairy

    A Texas state judge on Friday granted Dean Foods Co. a temporary restraining order blocking its former vice president of operations from working for a rival dairy company, after Dean Foods alleged the former executive was likely to disclose trade secrets and contact former customers in violation of employment agreements.

  • October 16, 2017

    HCA Healthcare Must Face Calif. Doctor’s Retaliation Suit

    A California appellate panel on Friday greenlighted a suit accusing an HCA Healthcare hospital of terminating a doctor’s contract because he refused to discharge patients early, saying the case was not subject to California's law barring lawsuits that infringe free speech rights.

  • October 16, 2017

    High Court Rejects Trio Of Employment Cases

    The U.S. Supreme Court on Monday rejected three separate petitions that raised employment law questions, including whether claims brought under California’s Private Attorneys General Act can be waived in employment arbitration deals and how courts should assess certain claims under the Family and Medical Leave Act.

  • October 16, 2017

    Nestle Suit Over Glass In Spinach Teeters On Venue Row

    A California federal judge said Monday he’s considering dismissing Nestle’s contract suit against a frozen food provider over glass shards in spinach shipments that prompted a $9 million recall, after Inn Foods Inc. argued the parties don’t have sufficient ties to the locale.

  • October 16, 2017

    Insurer's Dispute With Firm Belongs In State Court: Judge

    A New Jersey federal judge on Monday dismissed an insurer’s complaint seeking to dodge coverage of a lawsuit accusing Connolly Connolly & Heun LLP of estate mismanagement, ruling that the action belongs in state court, where the mismanagement claim is lodged.

  • October 16, 2017

    Country Club Dodges Residents' Suit Alleging $17M Losses

    A Florida federal judge on Monday dismissed litigation accusing a Boca Raton country club and its leadership of mismanagement that caused more than $17 million in losses and decimated property values, holding that the property owner leading the proposed class action failed to show that the court had jurisdiction.

  • October 16, 2017

    Electronic Arts Fires Back At Coder's High Court Appeal

    Video game industry giant Electronic Arts has hit back at a former computer programmer's Hail Mary attempt to revive copyright claims to "John Madden Football," telling the U.S. Supreme Court that offering expert testimony instead of evidence should remain out of bounds.

  • October 16, 2017

    Subway Asked To Explain Delay In Arbitration Award Suit

    Subway International BV, the franchiser of Subway sandwich shops in Ireland, the U.K. and other international markets, was ordered by a Connecticut federal judge on Monday to explain why the court shouldn't toss its suit to confirm a nearly $50,000 arbitration award against a franchisee for operating unauthorized sandwich shops in China, in a case that hasn't budged for more than a year and a half. 

  • October 16, 2017

    Wells Fargo Wins Temporary Bar In Client-Poaching Dispute

    A Pennsylvania state judge on Friday agreed to temporarily bar a group of ex-Wells Fargo Insurance Services USA Inc. employees from attempting to lure away any of the company’s clients to their own newly formed insurance business.

  • October 13, 2017

    Regulators Continue Tussle Over CFPB Arbitration Rule

    The battle between the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency over the bureau’s rule eliminating class action bans on mandatory arbitration clauses continued Friday as the clock ticked down on Republican efforts to nullify the rule.

  • October 13, 2017

    Google Sharing App User Data Without Permission, Suit Says

    Google has breached its contract with Wallet users who buy apps through its Play store by sharing their email addresses, phone numbers and other personal data with third-party app developers without their permission, according to a putative class action recently removed to California federal court.

  • October 13, 2017

    Mediation, Trial Set In TracFone-Simply Wireless Dispute

    A Florida federal judge has ordered Simply Wireless and TracFone to mediate TracFone’s suit accusing Simply Wireless of taking free airtime that TracFone provided for new customers and selling that time to existing users, while also setting a trial date for next summer, according to an order issued Friday.

  • October 13, 2017

    Del. Court Finds Investment Firm Defaulted On Part Of Deal

    A soured, $167 million lender-borrower relationship took a turn for the worse Thursday when the Delaware Chancery Court ruled that a New York investment venture defaulted on part of its multiple agreements with two Cayman Islands-based alternative investment firms.

  • October 13, 2017

    ‘PwC Did Not Do Its Job’ And Missed $2B Fraud, Judge Told

    PricewaterhouseCoopers LLP fundamentally bungled its auditing responsibilities when it failed to scrutinize mortgage transactions and missed a fraud scheme that led to the downfall of the bank PwC was supposed to monitor, the Federal Deposit Insurance Corp. said in D.C. federal court Friday.

  • October 13, 2017

    Honeywell Antitrust Lawsuit Headed To Mediation

    A Pennsylvania federal magistrate judge on Friday referred to mediation a price discrimination and breach of contract lawsuit against Honeywell International Inc. brought by a security products competitor alleging violation of a decade-old agreement, ordering the costs to be split between both companies.

  • October 13, 2017

    OW Bunker Tells 2nd Circ. Subcontractors Can't Claim Fuel

    Bankrupt marine fuel supplier and trader O.W. Bunker AS on Thursday urged the Second Circuit to affirm that several liens against ships that contracted to buy fuel from it belong to O.W., and not to the "subcontractors" that actually delivered the fuel on credit. 

  • October 13, 2017

    Hill Wallack Adds Real Estate Partner In New Jersey

    Hill Wallack LLP has added Nancy F. Goldstein as a partner in the New Jersey-based firm's real estate and corporate law practice groups, where she'll represent individuals and businesses in the sale and financing of residential and commercial properties throughout the state, the firm announced earlier this month.

  • October 13, 2017

    Texas Panel Says TGI Friday's Drinks Not Protected Speech

    Mark Anthony Brewing Inc.'s bid to sell malt beverages under the TGI Friday's Inc. restaurant brand violated a state alcohol provision and isn't protected commercial speech under the First Amendment, a Texas appeals court held on Friday, reversing a trial court ruling.

  • October 13, 2017

    Diamond Resorts Says Time-Share Service Misled Customers

    Hospitality company Diamond Resorts International Inc. has sued time-share cancellation service Orlando Ventures Inc., accusing the company of misleading and drawing away its customers by convincing them to cancel their time-share contracts with Diamond.

Expert Analysis

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Strategic Considerations In Selecting Emergency Arbitration

    Javier Rubinstein

    In recent years, all of the major arbitral institutions have introduced an emergency arbitration procedure, yet studies suggest that parties rarely avail themselves of emergency arbitration and instead turn to local courts in times of crisis. Attorneys with Kirkland & Ellis LLP explore several considerations when determining where to pursue emergency relief.

  • The Vicissitudes Of Partnership Assumption In Bankruptcy

    Epling-Richard-25085-2016-0137-BIO.jpg

    When a debtor partner makes a motion to assume a partnership agreement, courts have disagreed on the appropriate legal standard — whether to apply the “actual” or “hypothetical” test. The split in the circuits on this question continues to lead to controversy, says Richard Epling, a retired partner at Pillsbury Winthrop Shaw Pittman LLP.

  • Evaluating 'Loser Pays' Clauses In Arbitration Agreements

    Brian Laliberte

    Several recent judicial decisions have considered the validity of “loser pays” and cost-shifting clauses in arbitration agreements. The most compelling arguments have invoked unconscionability and overriding public policy considerations, but even where courts have rejected those arguments, their decisions reveal how to successfully attack such clauses, says Brian Laliberte of Tucker Ellis LLP.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Minimizing Risk Of Borrower Bankruptcy

    Samuel Newman

    As lenders and investors continue to experiment with creative structures to prevent a borrower’s bankruptcy filing, two recent bankruptcy court decisions in the cases of Lexington Hospitality Group and Squire Court Partners provide guidance on valid safeguards, say attorneys with Gibson Dunn & Crutcher LLP.

  • Insights On Protecting Referral Sources With Noncompetes

    Leonard Samuels

    The Florida Supreme Court's recent decision in White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy v. Hiles recognizes that referral sources are the lifeblood of the home health care business and worthy of protection. The ruling should be viewed as a strong statement by the court that restrictive covenants will be enforced to prevent unfair competition, says Leonard Samuels of Berger Singerman LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.