Commercial Contracts

  • February 22, 2017

    GEICO Says Plaintiffs' Attys Used Its Secrets Against USAA

    GEICO sued two plaintiffs' attorneys in Pennsylvania federal court Tuesday, alleging they obtained confidential information in discovery in a putative class action against the insurer and tried to use it to get a leg up in a similar suit against GEICO rival United Services Automobile Association, exposing GEICO's trade secrets.

  • February 22, 2017

    Redstone Needs Mental Exam, Ex-GF Argues In Elder Abuse Row

    Sumner Redstone's ex-girlfriend Sydney Holland urged a California judge Wednesday to order an independent medical examination of the nonagenarian billionaire in his $150 million elder abuse suit against Holland and another ex-girlfriend, arguing there is circumstantial evidence of a recent “precipitous” decline in the former media mogul's health.

  • February 22, 2017

    NJ Time Limit Backs Cert. Bid In Avis Fee Suit, Court Told

    Car renters alleging that Avis Budget Group Inc. didn’t tell them they would be charged for an electronic toll-payment service told a New Jersey federal judge Tuesday that a recent case in the state Supreme Court supports their bid for class certification because their contract claims are timely.

  • February 22, 2017

    Avis Renter Says She Shares ACE Fraud Claim With Class

    An English consumer who attempted to lead a class action accusing Avis and subsidiary Budget Rent-A-Car of fraudulently offering supplemental insurance in their rental car contracts has asked the 11th Circuit to recertify her class.

  • February 22, 2017

    Judge Chides Del Monte Bid To Seal Award Injunction Docs

    Fresh Del Monte Produce Inc.'s request to seal certain documents in its effort to stop a juice company from buying pineapples from a grower that owes the produce giant an unconfirmed $32 million arbitral award comes “nowhere close” to passing muster, a Florida magistrate judge said Tuesday.

  • February 22, 2017

    Lear Tells Del. Judge It Isn’t Blocking $60M Escrow Fund

    Auto parts company Lear Corp. urged a Delaware federal judge Wednesday to throw out a lawsuit from ESG Holdings LLC, which claims Lear is holding up the $60 million environmental escrow fund from its purchase of a car seat maker from ESG in 2014, arguing ESG is misreading the deal.

  • February 22, 2017

    4G FRAND Suit Against T-Mobile Should Proceed, Judge Says

    A Texas magistrate judge on Wednesday recommended a federal court deny T-Mobile's bid to toss Huawei Technologies Co. Ltd.’s suit for declaratory judgment on whether its license on patented 4G technology was fair, reasonable and nondiscriminatory, finding the court had subject-matter jurisdiction over the case.

  • February 22, 2017

    English Judge OKs $4.9M Award In Steel Contract Dispute

    A Chinese metals company is one step closer to collecting a $4.9 million arbitration award from a British firm, after a British court ruled Friday that the British company’s allegations of fraud did not derail the arbiter’s decision.

  • February 22, 2017

    US Airways Pushes For Judgment In $15M Sabre Antitrust Win

    US Airways has asked a New York federal judge for a judgment sealing its recent win and $15 million verdict against trip-planning giant Sabre in an antitrust dispute after a jury found that Sabre restrained trade by forcing unfavorable contract terms on US Airways.

  • February 22, 2017

    Outer Harbor To Face $13M Damage Claim, Del. Judge Rules

    California port services company Outer Harbor Terminal LLC must face a $13 million-plus bankruptcy court damages claim by global shipping company K-Line for abruptly breaking a contract at the Port of Oakland, California, a Delaware judge ruled late Tuesday.

  • February 22, 2017

    Farmer’s Co-op Says MF Global Too Late To Recover $1.7M

    A farming co-op hit back against MF Global Holding Ltd.’s demand for $1.7 million over derivatives trades that predate the firm's massive 2011 bankruptcy, saying on Monday that MF Global failed to preserve those claims in its Chapter 11 plan and therefore has no right to pursue them.

  • February 22, 2017

    Court Denies Settlement In Failed Baseball Expansion Suit

    An Indiana magistrate judge refused to allow the settlement of derivative claims in a suit by the owner of a baseball team in the independent Frontier League against other owners in the league over a failed expansion venture, finding it is too early to rule on the individual claims.

  • February 22, 2017

    Pa. Justices Toss Atty's Termination Fee Appeal

    After hearing arguments in the dispute in December, the Pennsylvania Supreme Court on Wednesday dropped an appeal over whether a law firm could enforce a contingent fee agreement entitling it to part of an ex-client’s recovery even after the client hired new counsel to handle his case.

  • February 22, 2017

    Mylan Can't Shield Docs In $100M Tax Fight Over Drug License

    Mylan Inc. was ordered by a U.S. Tax Court judge to release to the IRS documents supposedly relating to its 2006 patent transaction with Forest Laboratories Holdings Ltd. in a $100 million tax bill fight, after the judge found that the materials, provided they exist, are “potentially relevant” in the case notwithstanding a subsequent amendment of the deal in 2008.

  • February 22, 2017

    Texas Court Sends Spinal Surgery Death Suit To Arbitration

    A Texas appellate court sent to arbitration a lawsuit stemming from Athas Health LLC's treatment of a patient who died of spinal meningitis, holding that the patient had accepted arbitration via a signed financial agreement and by clicking to accept a user agreement on the Athas website.

  • February 22, 2017

    Holland & Knight Says Advisory Role Didn’t Cause Conflict

    Holland & Knight LLP told a New York federal judge on Tuesday that it should not be disqualified from its lawsuit on behalf of First NBC Bank over alleged sham transactions filed against ethanol distributor Murex LLC, saying unrelated work performed for Murex did not constitute legal services.

  • February 21, 2017

    International Shipholding Makes Deal To Advance Ch. 11 Plan

    International Shipholding Corp. reached a resolution Tuesday to move forward with its Chapter 11 reorganization plan to restructure more than $200 million in debt after settling with a secured lender whose objection stretched a confirmation hearing out for three days.

  • February 21, 2017

    Contractor Asks Fed. Judge To Ax Calif. Court's $1.1M 'Error'

    A government contractor Tuesday asked a California federal judge to throw out a state court’s ruling upholding a $1.07 million arbitration award arising from a dispute with a subcontractor in Afghanistan, saying the ruling was clearly entered in error.

  • February 21, 2017

    ITG Brands Sues RJ Reynolds In Chancery Over $7B Cig Deal

    Tobacco company ITG Brands LLC recently launched a lawsuit in the Delaware Chancery Court aimed at halting an action R.J. Reynolds Tobacco Co. filed in Florida connected to its $7 billion sale of four well-known cigarette brands, arguing any claims from that deal belong in the First State.

  • February 21, 2017

    High Court Won't Hear Challenge To Class Action Atty Fees

    The U.S. Supreme Court will not review a settlement dispute in a consumer class action suit against a fitness company, it said in a Tuesday order, putting to bed claims that a Sixth Circuit decision opened the door for collusion between class counsel and defendants.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Celeb Endorsement Contracts May Change In The Trump Era

    Matthew Y. Kane

    When Under Armour’s CEO recently called President Donald Trump “a real asset for the country,” several Under Armour celebrity spokespersons voiced their disapproval. In the age of Trump, advertisers should re-evaluate what kind of behavior they're willing to tolerate from their celebrity endorsers, say Matthew Kane and Keri Bruce of Reed Smith LLP.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • 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.