Commercial Contracts

  • 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.

  • May 24, 2017

    Charity Group’s NFL Fraud Suit Will Stay In Federal Court

    A Texas federal judge refused a nonprofit's request to send back to state court a lawsuit it brought against the National Football League alleging its Las Vegas charity event was wrongly moved by the league after concerns regarding its gambling rules were raised, holding the NFL hadn't missed the 30-day removal window.

  • May 24, 2017

    Mass. Jury Clears MTD In Lawnmower Mishap

    A Massachusetts federal jury rejected a negligence case against lawnmower manufacturer MTD Products Inc. on Wednesday, finding that the plaintiff, who lost several fingers in a mishap with the machine, did not prove that defects in his mower caused his injuries.

  • May 24, 2017

    5th Circ. Says Employment Suit’s Removal Was Out Of Line

    The Fifth Circuit has held a Texas investment firm had no objectively reasonable basis to move to federal court an employment dispute with a former personal assistant and ordered a federal district judge to consider whether the employee should be awarded attorneys’ fees.

  • May 24, 2017

    Mylan, IRS Ink Deal To Avoid Trial On Nebivolol Transaction

    Mylan Inc. and the IRS have struck a last-minute deal to avert a $100 million tax trial relating to the drugmaker's transaction with Forest Laboratories Holdings Ltd. over the antihypertensive compound nebivolol, agreeing on a set of calculations for how to treat the transaction for tax purposes.

  • May 24, 2017

    XTO Energy, Royalty Owners Settle Underpayment Claims

    An Arkansas federal judge on Tuesday agreed to dismiss suits from royalty owners that had alleged XTO Energy Inc. underpaid them for gas royalties after the owners agreed to drop their cases the same day.

  • May 24, 2017

    Fox News Blasts Cyberstalking Claim In Bid For Sanctions

    Former Fox News personality Andrea Tantaros’ claims she was cyberstalked by network agents should be tossed and her attorney punished for accusing the network of criminal activity when “minutes” of investigation would have revealed the accusations were baseless, the network told a New York federal court Wednesday.

  • May 24, 2017

    St. Louis Org Must Hand Over NFL's Rams Seat License Docs

    A Missouri federal judge Tuesday granted a move by the Los Angeles Rams to force the turnover of documents in a lawsuit brought by former seat license holders over the team’s move from St. Louis, ruling that they are relevant to the litigation.

  • May 24, 2017

    Judge Won't Revisit Bid To Arbitrate Soybean Shipping Fight

    A New York federal judge on Tuesday declined to rethink her decision tossing a Danish shipping company’s bid to arbitrate a dispute over a soybean shipment with the Paraguayan affiliate of a global agricultural products trader, rejecting the Danish company’s contention that the court overlooked certain allegations.

  • May 23, 2017

    Class Makes Emergency Bid To Muzzle Atty In Chiquita MDL

    Counsel representing relatives of torture victims who allege that Chiquita Brands International Inc. paid off a Colombian paramilitary group sought an order on Monday in Florida federal court to stop a colleague from allegedly copying the company's attorneys on privileged communications concerning unnamed clients.

  • May 23, 2017

    7th Circ. Scrutinizes Fallout From Tainted Whey Product

    A Wisconsin company sued by Land O’Lakes over the sale of a whey product allegedly tainted with a urine byproduct argued two cases before the Seventh Circuit on Tuesday, saying it deserved to move forward with a coverage case over a failed buyout while also urging the appellate court to uphold the dismissal of the Land O’Lakes case.

  • May 23, 2017

    Cubs, Rooftop Owners Spar Over Stadium Views At 7th Circ.

    The Chicago Cubs and a group of Wrigley Field-area rooftop owners went before the Seventh Circuit on Tuesday to argue whether the baseball team broke a contract when it broke the owners' stadium sight lines in an alleged bid to monopolize game views.

  • May 23, 2017

    Nissan Hit With $256M Verdict Over Failure Of Dealerships

    Nissan Motor Acceptance Corp. must pay $256 million to a car dealer group after driving it into ruin during the Great Recession, a California jury determined Monday.

  • May 23, 2017

    Calif. Court Urged To OK $5.7M Award In Ukrainian Biz Row

    Ukrainian industrialist Konstantin Grigorishin and his company Dastime Group Ltd. urged a California federal court on Monday to confirm a $5.7 million arbitral award it won following a dispute over a 2006 business deal, saying the former Ukrainian businessman who's asking that the award be vacated is just rehashing old arguments.

  • May 23, 2017

    Korean Ultrasound Co. Must Pay $3M Arbitration Award

    A federal court in Seattle has entered a roughly $3 million judgment against a Korean ultrasound device company accused of ripping off confidential information from a U.S. competitor that it had misled about a possible business partnership.

  • May 23, 2017

    Westinghouse Set To Tap Remainder Of $800M DIP Loan

    Bankrupt nuclear energy behemoth Westinghouse Electric Co. LLC is poised to tap the remaining $450 million from an $800 million debtor-in-possession loan, after a New York bankruptcy judge told the debtor Tuesday he fully expects to approve the transaction after reviewing a recently finalized request.

Expert Analysis

  • 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.

  • Monetizing The Athlete Brand

    video

    In this short video, Arash Khalili of Loeb & Loeb LLP discusses the shift happening in athlete endorsement deals today, new strategies for monetizing the athlete brand through equity-based endorsements, and the advantages of these deals for both the athlete and the company.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.