Commercial Contracts

  • June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    Texas High Court To Hear Row Against Payday Lender

    The Texas Supreme Court agreed Friday to hear a would-be class action from borrowers alleging payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts.

  • June 23, 2017

    NJ Court Tosses $1.4M Fees Award In Equipment Lease Row

    A New Jersey appeals court on Friday vacated a more than $1.4 million attorneys' fees award to counsel for Tangible Secured Funding in an equipment lease dispute with a medical imaging center, finding the award unreasonable in multiple respects, including because one of the company's lawyers was not licensed to practice in New Jersey.

  • June 23, 2017

    Caribbean Bottler Gets $1M Award OK'd In Florida Court

    A Florida federal judge Friday signed off on an agreement awarding a Trinidad and Tobago bottling company $1.08 million, after an international arbitrator found that its Panama business partner and bulk perfume purchaser failed to repay its $2 million investment.

  • June 23, 2017

    Warranty Cos. Can't Force Fraud Claims Into Arbitration

    A New Jersey state appeals court on Friday rejected a bid from home warranty companies to force a putative class action over consumer fraud and related allegations into arbitration, saying a contract did not clearly notify a customer that she was waiving her right to pursue her claims in court.

  • June 23, 2017

    Snapchat Maker's Arbitration Bid Blasted By Ex-Employee

    The former Snap Inc. employee who claims he was fired for raising concerns about the social media company’s user metrics ahead of its initial public offering fired back at the Snapchat maker’s attempt to force arbitration of his whistleblower suit, telling a California federal court Friday that the arbitration agreement he signed at hiring was unconscionable.

  • June 23, 2017

    Consulting Co. Seeks Attys' Fees After $3.2M Award OK'd

    After a $3.2 million arbitral award was confirmed in its favor in a dispute with a dolphin park operator, a financial consulting company asked a California federal judge to award it more than $50,000 in attorneys' fees, saying it is entitled to them based on a contract between the parties. 

  • June 23, 2017

    RJR Tobacco Says ITG Had Duty To Join In Fla. Settlement

    R.J. Reynolds Tobacco Co. told a Delaware chancellor on Friday that ITG Brands LLC relied on tortured contract readings to support claims that time ran out on ITG’s duty to pursue and assume a $30 million yearly payment obligation to Florida to offset harms from tobacco sales.

  • June 23, 2017

    Texas Justices Split On Deed Interpretation In Royalty Row

    The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.

  • June 23, 2017

    Nursing Home Can’t Arbitrate Wrongful Death Row: Ga. Court

    A Georgia appellate court Thursday rejected a nursing home operator’s attempt to arbitrate wrongful death allegations brought by the daughter of a late patient, affirming a lower court’s finding that the arbitration agreement at issue was unenforceable because the deceased hadn’t signed it herself.

  • June 23, 2017

    Bloomingdale’s Takes Iskanian Challenge To High Court

    Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.

  • June 23, 2017

    Texas High Court Says Contract Law Rules In Royalty Row

    The Texas Supreme Court ruled unanimously against Samson Exploration LLC on Friday and said the company must pay royalties for a gas well’s production to two pooled units of royalty owners, deciding a lower court was right to assert that contract law governed the overlapping obligation.

  • June 23, 2017

    BNSF Seeks Clarity On Order In Tribe's Oil-Shipping Suit

    BNSF Railway Co. on Thursday asked a Washington federal judge to clarify a recent order disposing of one of the railroad’s defenses in a dispute over the right to ship crude oil across a Native American tribe’s land, saying the order could be read as more expansive than intended.

  • June 23, 2017

    NBA Agent Sues Agency CEO For $30M After Firing

    Top NBA agent Dan Fegan sued his former boss Hank Ratner for $30 million in California state court on Thursday over a purported “Machiavellian” scheme to force him out of Ratner’s agency Independent Sports and Entertainment.

  • June 23, 2017

    5th Circ. Affirms Quantlab's $12.2M Trade Secrets Win

    The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.

  • June 23, 2017

    Fox Rothschild Adds Ex-Greenbaum Rowe Litigation Pro In NJ

    Fox Rothschild LLP has boosted its Morristown, New Jersey, office with a new litigation partner from Greenbaum Rowe Smith & Davis LLP with more than 20 years of experience representing real estate companies, technology firms and other businesses in court.

  • June 23, 2017

    Texas Justices Say Noble Can't Ditch $63M Cleanup Indemnity

    The Texas Supreme Court on Friday held Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement that wasn’t disclosed when Noble’s predecessor bought oil and gas assets during a Chapter 11 bankruptcy.

  • June 23, 2017

    Exxon Not Liable For Lost Profits On Canceled Propane Deal

    A Fifth Circuit panel on Thursday agreed with Exxon Mobil that it did not owe damages to an insurance company stemming from losses the insurer had to cover when Exxon halted a propane contract because of a fire at a plant, deciding that the contract’s provisions specifically forbid recovery.

  • June 23, 2017

    Heckler & Koch Can't Arbitrate Army Weapons Suit, Court Told

    Aerospace and defense company Orbital ATK Inc. on Thursday slammed a German small arms manufacturer’s bid to arbitrate a $27 million suit over the manufacturer’s alleged failure to deliver weapons under a U.S. Army subcontract, arguing the German company is citing an arbitration clause from a separate agreement.

  • June 22, 2017

    Challenge To Fla. Island Development Rights Ruled Too Late

    As construction on the luxurious Prive Island Estates condominiums nears completion just north of Miami, its developer has won a key ruling in Florida state court that neighboring homeowners acted too late to challenge his building rights, but the homeowners say the fight is far from over.

Expert Analysis

  • Contract Challenges With Selling 'Dualed' Auto Dealerships

    Sara Decatur Judge

    A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Update On Discovery Of Patent Prosecution Communications

    Jeffrey Thomas

    Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.

  • 10 Problems To Avoid In Social Media Influencer Marketing

    Neal Tabachnick

    Most social media influencers are young and successful, a combination that can create great opportunity for your company, as well as major pitfalls. Some contract provisions can help keep things on track, says Neal Tabachnick of Wolf Rifkin Shapiro Schulman & Rabkin LLP.

  • 6 Things Every Accounts Receivable Buyer Should Know

    Massimo Capretta

    Over the past several years, nonrecourse receivables financing has been embraced by many major financial institutions and nonbank investors in the U.S. market. Attorneys with Mayer Brown LLP outline some of the legal elements any prospective purchaser should be aware of before a purchase.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • UK's Marex Ruling May Lead To New Tortious Cause Of Action

    Lincoln Caylor

    In Marex Financial Ltd. v. Carlos Sevilleja Garcia, the England and Wales High Court considered whether a claim in tort exists against a person who, anticipating a final judgment and freezing order, dishonestly asset-strips a corporation to ensure it cannot pay its judgment debt. This decision may lead to the creation of a valid tortious claim in asset dissipation, says Lincoln Caylor of Bennett Jones LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.