Commercial Contracts

  • January 19, 2017

    Fla. Judge Seeks Clarity On Garnishing Unconfirmed Awards

    A Florida federal magistrate judge on Wednesday asked a unit of Fresh Del Monte Produce Inc. and a juice company whose debt to a pineapple grower Del Monte is trying to intercept to search far and wide for any cases that address whether unconfirmed arbitral awards can serve as the basis for debt garnishment.

  • January 19, 2017

    Lab Vendor Urges 9th Circ. To Revive RICO Suit

    Diagnostic Laboratories is urging the Ninth Circuit to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, arguing the district court wrongly defined what constitutes a continuous scheme.

  • January 18, 2017

    Fairmont Seeks $15M In Mexico Hotel Contract Breach Row

    Luxury hotel operator Fairmont Hotels & Resorts asked a New York federal judge on Tuesday to confirm a $15 million arbitration award against the owners of two hotels in Mexico for allegedly breaching management contracts Fairmont had struck with the previous owners of the hotels.

  • January 18, 2017

    Landowners Seeking $150M in Gas Royalties Get Class Cert.

    An Oklahoma federal judge granted class certification Tuesday to landowners claiming Chaparral Energy LLC withheld $150 million in gas royalties through improper deductions, but excluded a fraud claim and narrowed the group to those with agreements that don’t release the well operator’s obligation to pay production costs.

  • January 18, 2017

    11th Circ. Hands Kardashians Loss In Pun-Packed Opinion

    The Kardashian sisters lost a motion to compel arbitration at the Eleventh Circuit on Wednesday when a panel in a pun-laced opinion full of wrinkles, blushes and style agreed that a district court rightfully denied their bid to arbitrate with Kroma Makeup EU LLC in a trademark infringement suit.

  • January 18, 2017

    Niro Attys Again Face Sanctions In Sloan-Kettering IP Row

    A New York federal judge ruled Wednesday that a biopharmaceutical company can refile its suit seeking to reclaim gene therapy patent rights from the Sloan-Kettering Institute in state court, but said the company and its counsel must explain their delay in making the move or face sanctions.

  • January 18, 2017

    5 Key Takeaways From The FTC's Qualcomm Patent Suit

    The Federal Trade Commission stunned the antitrust bar Tuesday by launching a controversial case challenging Qualcomm Inc.'s licensing of its standard-essential wireless patents on the eve of a leadership transition. Here are five key takeaways from the suit.

  • January 18, 2017

    Paul McCartney Tells Sony To 'Let It Be' Over Early Work

    Paul McCartney lodged a suit against Sony/ATV on Wednesday over copyright interests in The Beatles’ songs, asking a New York federal judge to confirm that the legendary songwriter won’t face breach of contract claims if he cuts off rights Sony’s predecessors acquired 50 years ago.

  • January 18, 2017

    Oculus Founder, CEO Say Company Built Without Stealing

    The founder and the CEO of Facebook Inc. subsidiary Oculus VR LLC on Wednesday testified about the work they’d each put into building the virtual reality company from scratch, denying claims in a $2 billion Texas federal court suit that the Oculus Rift headset was built on stolen source code.

  • January 18, 2017

    Audi Wins Pause Of Dealer’s Sale After Discovery Delays

    A Pennsylvania federal judge on Wednesday awarded a temporary restraining order to Audi of America Inc. in order to block a vehicle dealer's $23 million asset sale, calling the franchisee’s lack of cooperation in providing details of the transaction “alarming.”

  • January 18, 2017

    Aussie Builder Must Arbitrate AU$1.8B Chevron Jetty Case

    An Australian contractor that has filed suits against KBR Inc., Chevron Corp. and their affiliates for allegedly shortchanging it for work on a AU$3.4 billion ($2.6 billion) liquefied natural gas jetty had its case against Chevron paused by a California federal judge on Tuesday, with the court saying arbitration underway in Australia should conclude first.

  • January 18, 2017

    2nd Circ. Revives Enforcement Bid On Metal Cos.' $48M Award

    The Second Circuit on Tuesday revived a bid by several Brazilian iron companies to enforce a more than $48 million arbitral award against the alleged alter egos and successors of Steel Base Trade AG, which are accused of orchestrating a fraudulent transfer scheme to avoid paying the award.

  • January 18, 2017

    Qualcomm Slapped With Antitrust Class Action After FTC Suit

    A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.

  • January 18, 2017

    Hotel Developer Can't Arbitrate $7M Loan Suit

    A Maryland federal judge on Tuesday rejected a hotel owner’s bid to force arbitration in a $6.6 million lawsuit brought by a construction company that accuses the owner of using money from a construction loan for personal expenses then lying about it.

  • January 18, 2017

    $21M Interest Added To CardiAQ Trade Secrets Win

    A Massachusetts federal judge on Wednesday tacked on more than $21 million in interest to CardiAQ's enhanced trade secrets verdict against Neovasc over a transcatheter mitral valve, bringing the total award to over $111 million.

  • January 18, 2017

    Vendor Accused In $8M MillerCoors Fraud Settles Co.'s Suit

    A Florida man indicted in a scheme to defraud MillerCoors LLC out of more than $8 million through marketing events has settled with the company in a related civil suit and will reimburse it for the losses he caused, a lawyer for MillerCoors said Tuesday.

  • January 18, 2017

    Credit Suisse Finalizes $5.28B MBS Settlement

    The U.S. Department of Justice on Wednesday finalized a $5.28 billion settlement with Credit Suisse Group AG over the bank's sales of mortgage-backed securities prior to the 2008 financial crisis, calling it the “most substantial” agreement of its kind in terms of providing financing for affordable housing.

  • January 18, 2017

    Munsch Hardt Tells Court Oil Field Service Co. Owes Fees

    Munsch Hardt Kopf & Harr PC filed a lawsuit in district court in Houston on Tuesday against a client it said breached a contract for services and owes it about $130,000 in legal fees for work the firm performed during a five-month period last year.

  • January 18, 2017

    More Join Super Bowl Ticket Suit After Stay Lifted

    A Texas federal judge on Tuesday allowed a handful of new plaintiffs to join a lawsuit against the NFL alleging they were displaced from their seats or had obstructed views at Super Bowl XLV at AT&T Stadium, after the Fifth Circuit denied class claims over the issue in a similar case last year.

  • January 18, 2017

    Pa. Appeals Court Upends Cert. Denial In Gas Lease Row

    A Pennsylvania appeals court issued a published ruling on Tuesday finding that Rex Energy Corp. could not rely on arguments over contract conditions to defeat class certification in a pair of disputes over bonus payments landowners claim they’re owed after agreeing to lease their properties for gas drilling.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Hague Convention’s Impact On Secured Transactions

    Edwin E. Smith

    Choice-of-law rules for the perfection and priority of a security interest in “securities credited to a securities account” will change on April 1, 2017, when the Hague Securities Convention comes into effect. Edwin Smith and Alan Beloff of Morgan Lewis & Bockius LLP describe what steps secured parties may need to take now for existing secured transactions and in planning for new ones.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.

  • When Making The Sale Isn't 'Offering To Sell'

    JD Wooten

    Is Amazon legally the seller of items made available by third parties on And is the e-commerce giant liable if those products infringe someone else's patents? A Washington federal court answered no to both questions. As the Federal Circuit considers the case, it must balance patent protection with market access, says JD Wooten of Womble Carlyle Sandridge & Rice LLP.

  • The Fate Of Distribution Rights After Bankruptcy

    Shmuel Vasser

    In Mission Product Holdings v. Tempnology, the bankruptcy appellate panel for the First Circuit held that Section 365(n) did not protect the exclusive distribution rights granted to the licensee of the debtor’s intellectual property, leaving unaddressed the practical implication that an IP license may be rendered worthless without the accompanying distribution rights, say Shmuel Vasser and Andrew Harmeyer of Dechert LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.