Commercial Contracts

  • September 20, 2017

    Holland & Knight Inks $5M Deal To End Malpractice Claims

    Holland & Knight LLP has agreed to pay $5 million to escape a malpractice suit brought by the bankruptcy trustee for a Miami hotel condominium project over its alleged failure to tell one of the condo project owners about the other’s planned fraud.

  • September 20, 2017

    DLA, Baker Slam Philly Firm's Fraud And Excess Fee Suit

    A Philadelphia-based personal injury firm wants to establish a new and flawed standard for a lawyer's duty to predict defeat in a lawsuit, DLA Piper said in a Tuesday filing in Pennsylvania, while BakerHostetler argued that the firm's suit was targeting work largely done at DLA Piper.

  • September 20, 2017

    Wilmington Trust Fights Student Loan Fund's Block On Exit

    Wilmington Trust Co. accused a troubled student loan investment fund of seeking to “conscript” WTC into extended administrative service Tuesday, despite the company's formal resignation in the wake of chronic control disputes, alleged improper instructions and widening litigation.

  • September 20, 2017

    Gordon Ramsay Must Give Up Docs On Caesars Restaurants

    An Illinois bankruptcy judge Wednesday ordered celebrity British chef Gordon Ramsay to turn over documents covering plans for restaurants with Caesars, saying that the television personality is at the center of a dispute involving the casino giant as it nears the end of its Chapter 11 saga.

  • September 20, 2017

    NY Judge Pauses $19M Arbitration Over Power Plant Project

    A New York federal judge on Wednesday temporarily paused a $19 million arbitration initiated by a Hyundai unit against SantosCMI SA stemming from a power plant construction project gone awry, saying the Ecuadorean company had raised a valid question as to the tribunal's jurisdiction.

  • September 20, 2017

    Sunoco Seeks Redo At 3rd Circ. Over Credit Card Claims

    Sunoco Inc. on Tuesday asked the Third Circuit to review its split decision refusing to let the energy giant force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying that the majority “misperceived” contract law and contravened relevant court precedents.

  • September 20, 2017

    Noncompete Valid But Not Violated, 7th Circ. Rules

    The Seventh Circuit ruled Wednesday that the former owner of a fuel-additive business didn’t violate a noncompete agreement he reached with the purchasers of his company when he subsequently sold his other firm and helped that buyer set up shop.

  • September 20, 2017

    Starr Says Juice Maker Should Have Disclosed Presuit Notice

    Starr Indemnity & Liability Co. told a Washington federal judge Tuesday that a notice of a possible suit under California's Proposition 65 labeling law created a claim that a fruit juice maker should have told the insurer about when it applied for a policy, while the juice maker urged the court to find the claim didn't arise until the suit was filed.

  • September 20, 2017

    CONMEBOL Escapes Soccer Tournament Bribery Suit

    A Florida federal judge on Tuesday allowed South American soccer confederation CONMEBOL to escape a television channel’s bribery lawsuit over game day rights awarded to units of 21st Century Fox Inc. for soccer tournaments, saying the organization cannot be held responsible for the actions of its officers.

  • September 20, 2017

    8th Circ. Dismissal Warrants Toss Of Breach Suit: Scottrade

    Discount brokerage firm Scottrade Inc. renewed its push Tuesday for the dismissal of a putative class action over a data breach that compromised its consumers' personal information, pointing a Florida federal judge to the Eighth Circuit's recent decision dismissing a related case for which she had stayed the instant matter.

  • September 20, 2017

    Glencore Unit Owes $7.3M Award For Impounded Vessel: Suit

    A Glencore International AG subsidiary that chartered a now-impounded vessel to deliver crude oil from Venezuela owes the owner of the ship, Space Shipping Ltd., a $7.3 million arbitration award, the company alleged in Connecticut federal court Tuesday.

  • September 20, 2017

    InterContinental Wants NYC Hotel Contract Enforced Or $175M

    InterContinental Hotels Group has sued the owner of the InterContinental Times Square hotel in New York state court to stop the owner from terminating a management agreement with IHG seven years into the 40-year pact and asking for at least $175 million in damages if the contract is terminated.

  • September 20, 2017

    Goodwin Procter DQ Bid Pauses Teva-Impax Indemnity Suit

    A Pennsylvania appeals court has agreed to temporarily halt Teva Pharmaceuticals USA Inc.'s lawsuit against erstwhile business partner Impax Laboratories Inc. over a settlement Teva inked related to antidepressant Budeprion while Impax appeals a decision rejecting its bid to disqualify Goodwin Procter LLP from working on the case, according to an order docketed Wednesday.

  • September 20, 2017

    KBC, Motley Rice To Lead Cloud Computing Co. Investor Suit

    A New York federal judge gave European investment firm KBC Asset Management NV and its lawyers at Motley Rice LLC the green light on Tuesday to lead a proposed securities fraud class action against cloud computing company Rackspace Hosting Inc.

  • September 20, 2017

    Pa. Firm Can't Keep Misconduct Suit, Fee Spat Separate

    A Pennsylvania appellate court shut down an attempt by law firm Harvey Pennington Ltd. to keep its suit against a medical malpractice attorney from being transferred out of Philadelphia, ruling that the trial judge was justified in coordinating the case with a related suit in a nearby county.

  • September 20, 2017

    Freeh Beats Ex-PSU Chief's Libel Suit Over Sandusky Report

    Former FBI director Louis Freeh and his law firm escaped defamation claims on Wednesday as a judge threw out a lawsuit from former Penn State University President Graham Spanier alleging that he’d been falsely smeared in a report from Freeh faulting his actions in the Jerry Sandusky sex-abuse scandal.

  • September 20, 2017

    Marathon Oil To Pay $33.1M In Foreign Tax Settlement

    Marathon Oil told a Texas federal court Tuesday that it has agreed to pay a group of limited partners $33.1 million to settle claims that the company cheated them out of millions in foreign tax credits in connection with a gas processing plant in Equatorial Guinea.

  • September 19, 2017

    Maine Lab Accuses Chinese University Of Selling Its Mice

    One of the world’s largest breeders of mice for medical research asked a Maine federal judge on Monday to force arbitration against one of China’s most prestigious universities, accusing it of ripping off its costly research by breeding its mice and selling them for just a fraction of the cost.

  • September 19, 2017

    Wellstat Wins $56M In Row With Chemo Antidote Sales Partner

    Oncology drug developer Wellstat Therapeutics Corp. prevailed in its breach of contract claims against BTG International Inc. on Tuesday when a Delaware Chancery Court judge awarded it $55.8 million in damages on its counterclaims that the distribution and marketing partner didn't properly market its chemotherapy antidote.

  • September 19, 2017

    SF Judge Blasts Barbizon Attys Over Interview Tactics

    A San Francisco judge on Monday blasted lawyers representing a Barbizon teen modeling company and a talent business for deceiving interviewees into providing “feedback” on their experiences without being clear that the companies face a proposed class action where the interviewees may be plaintiffs.

Expert Analysis

  • When Can LLCs Appoint A Special Litigation Committee?

    Muhammad Faridi

    A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • 4 Steps To A Successful Outsourcing Contract

    James Meadows

    The cause of British Airways' estimated £80 million information technology failure in May 2017 was human error, but human error outsourced. These kinds of disasters bring into sharp relief the exposures that may trip up even the most well-intentioned outsourcing arrangements, say James Meadows and Heather Clauson Haughian of Culhane Meadows PLLC.

  • Fast And Frictionless: Key Legal Issues In POS Loans

    David Bright

    In order to deliver the fast lending experience that today's consumers want, the strategic partnerships in a point-of-sale loan program must be carefully negotiated and crafted to arrive at an approach that complies with consumer loan regulations and other laws. In addition, these partnerships must allow for critical "behind the scenes" sharing and coordination, says David Bright of Holland & Knight LLP.

  • Finding The Unicorn In Lender Liability Litigation

    Jerry Blanchard

    Investors frequently talk about trying to find the next unicorn, that small startup company that is going to turn into a billion-dollar valuation. The New Jersey district court's recent decision in PNC Bank v. Star Group offers debtors counsel hope that a unicorn has finally arrived in the lender liability context, says Jerry Blanchard of Bryan Cave LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.

  • Navigating The Amazon: Retail Leases Must Evolve

    Excerpt from Lexis Practice Advisor
    S.H. Spencer Compton

    Amazon has changed the way consumers shop, and shopping center owners have reacted by repositioning their properties in a variety of ways. Both retail tenants and landlords need to be optimistic and nimble, and both sides should be accommodating when faced with failing results, say S.H. Spencer Compton of First American Title Insurance Co., and attorney Diane Schottenstein.