Commercial Contracts

  • October 19, 2017

    Sharp Can't Remand TV Quality Row With Chinese Licensee

    Sharp Corp. can't get its suit against entities associated with Chinese electronics manufacturer Hisense sent back to state court, with a California federal court finding Wednesday it has jurisdiction because one of the entities that licensed the Sharp trademark and is accused of misrepresenting the quality of its televisions is owned by the Chinese government.

  • October 19, 2017

    Ex-Worker Hit With $170K Sanction For Having Co.'s Docs

    A former chief compliance officer at an Alaska Native corporation who allegedly copied privileged documents to use in a False Claims Act suit accusing the company of exploiting a Small Business Administration contracting program was ordered Wednesday to pay nearly $170,000 of the company's attorneys' fees.

  • October 18, 2017

    Eatery Claims JPMorgan Failed To Prevent Account Thefts

    JPMorgan Chase Bank NA recklessly allowed a restaurant's employee to make hundreds of thousands of dollars in unauthorized withdrawals from the Manhattan eatery’s checking account, according to a suit alleging more than $1.3 million in damages that landed in New York federal court Tuesday.

  • October 18, 2017

    Argentine Co. Still Excused From Soccer TV Rights Suit

    A Florida federal judge declined Wednesday to reconsider the dismissal of claims against an Argentine sports media rights company in a bribery and antitrust lawsuit against a group of 21st Century Fox Inc. units over broadcast rights for South American soccer tournaments.

  • October 18, 2017

    SantosCMI Loses Bid To Escape Hyundai Arbitration

    A New York federal judge on Tuesday shot down Ecuadorean engineering and construction firm SantosCMI SA's bid to halt a Hyundai unit from proceeding with an $18.6 million arbitration stemming from a power plant construction project gone awry.

  • October 18, 2017

    Credit Suisse Attacks $288M Highland Land Deal Fraud Loss

    As a Credit Suisse AG unit sought to upset a nearly $288 million judgment that held the bank liable for alleged bad faith in the refinancing of a Las Vegas luxury real estate property, a Texas appellate panel on Wednesday questioned whether the bank had a duty to review a property appraisal.

  • October 18, 2017

    Network Co. Avoids Arbitration In $11M Patent Licensing Row

    A California federal judge Tuesday refused to ship to arbitration a network device maker’s suit over a hotel entertainment company’s alleged $11 million in unpaid royalties from a patent licensing deal, finding it wasn’t “absurd” to interpret the companies’ arrangement as bypassing an earlier arbitration clause.

  • October 18, 2017

    Imax Looks To Nix Awards In Latin American Theater Row

    Large-format film company Imax Corp. asked a Florida federal court on Wednesday to vacate arbitral awards issued to a Panamanian company following a dispute over an agreement to roll out Imax theaters in Latin America, saying the tribunal exceeded its authority.

  • October 18, 2017

    Restaurant Asks 11th Circ. To Toss Objection To Card-Fee Deal

    Restaurant chain Champs Sports Bar & Grill Co. urged the Eleventh Circuit on Tuesday to toss an objection to its $52 million settlement ending claims that a payment processing company charged restaurants and retailers bogus fees, arguing that the serial objector who filed the appeal hasn’t even shown he’s a class member.

  • October 18, 2017

    MarkitServ Settles Swap Trading Monopoly Suit

    Interest rate swap trading company MarkitServ Ltd. has settled allegations it has a monopoly on the processing service industry brought by financial technology company TrueEx LLC, according to a filing in New York federal court Tuesday.

  • October 18, 2017

    7th Circ. Won't Rethink Cubs' Win In Rooftop Sightlines Fight

    The Seventh Circuit on Tuesday threw out a bid by Wrigley Field-area rooftop owners for a rehearing of their case accusing the Chicago Cubs of breaching a contract to prevent the obstruction of stadium sightlines, with all of the judges on the original appellate panel denying the petition for rehearing.

  • October 18, 2017

    Stericycle Agrees To $295M Deal In Overcharging MDL

    Medical waste disposal company Stericycle Inc. has agreed to pay $295 million to exit multidistrict litigation over allegations it ignored customers' contracts to arbitrarily increase prices, attorneys for the plaintiffs told an Illinois federal judge Tuesday.

  • October 18, 2017

    FCC Told Verizon Killed Univision Signal After Deserting Talks

    Univision told the Federal Communications Commission Tuesday that Verizon “did not act in good faith” when it refused to extend its contract with the Spanish-language broadcaster and pulled Univision’s signal from its platforms earlier this week, leaving its viewers in the dark.

  • October 17, 2017

    ServiceMesh Buyer Seeks Indicted Ex-CEO's Legal Fees

    The company that bought cloud computing business ServiceMesh Inc. in 2013 asked Delaware’s chancellor Tuesday for clearance to pursue millions in escrowed funds for legal fees paid for ServiceMesh’s recently indicted ex-CEO.

  • October 17, 2017

    Sens. Scrutinize Murky Drug Pricing, Rebate Deals

    U.S. senators on Tuesday sharply questioned whether opaque arrangements between drugmakers and pharmacy benefit managers are driving up drug costs.

  • October 17, 2017

    Arbitrator Disregarded Law In Printing Press Row, Suit Says

    A U.S. commercial printer asked a New York federal court on Monday to vacate a nearly $900,000 arbitral award issued to a German printing press company following a payment dispute, saying the arbitrator manifestly disregarded the applicable law.

  • October 17, 2017

    Kinder Morgan Seeks Toss Of $9.2B Merger Challenge

    Attorneys for Kinder Morgan and its affiliates urged a Delaware vice chancellor on Tuesday to dismiss a $700 million post-merger damages suit filed by a former partnership's unitholder, saying the $9.2 billion deal was proper and the damages claims unsupported.

  • October 17, 2017

    EIG Funds Say Petrobras Lacks Immunity From Drillship Suit

    An array of funds managed by EIG Global Energy Partners LLC pushed back on Monday against a bid by Petrobras to have the D.C. Circuit reverse a decision allowing the funds to bring claims over a failed drillship venture, urging the appeals court to reject the Brazilian oil and gas behemoth’s “gambit for immunity.”

  • October 17, 2017

    NFL Players Union Wins Bid To Halt Elliott Suspension

    A New York federal judge late Tuesday halted Dallas Cowboys star running back Ezekiel Elliott’s six-game domestic violence suspension, handing the players union a temporary win that reopens the door for Elliott to stay on the field this season.

  • October 17, 2017

    Cohen Milstein Forfeited Fees For Exiting Suit, Court Told

    Cohen Milstein Sellers & Toll PLLC forfeited its right to any fees from a now-settled antitrust case against a hospital group when it opted to withdraw without facing circumstances in which staying in the case would be “legally impossible,” the firm’s former client told a Florida federal court Monday.

Expert Analysis

  • Still Difficult For Patent Holder To Use Equivalents Theory

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    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • 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

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    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.