Commercial Contracts

  • November 20, 2017

    Shawe Forges Deal To Buy TransPerfect After Bitter Fight

    TransPerfect co-founder Philip Shawe is slated to buy out the shares of his rival Elizabeth Elting, according to letter Monday from the court-appointed custodian overseeing the sale process, potentially resolving what has been a maelstrom of bitter disputes in Delaware Chancery Court over control of the legal translation firm.

  • November 20, 2017

    Korean Co. Says Distribution Deal Row Must Be Litigated

    A Korean LED lighting manufacturer urged a California federal court on Friday not to force arbitration of its $14 million dispute with its U.S. distributor, saying an arbitration agreement between the parties was superseded by subsequent pacts stipulating disputes would be resolved in court.

  • November 20, 2017

    Sharp Seeks Pause In Chinese Co.'s Arbitration Bid

    Sharp Corp. asked a California federal court Friday not to rule on Chinese electronics manufacturer Hisense’s motion to arbitrate claims that it misrepresented the quality of Sharp-branded televisions, telling a California federal court it should first decide if Sharp can challenge the denial of its bid to remand the suit.

  • November 20, 2017

    Menards Delivery Drivers Not Employees, NLRB Judge Says

    A National Labor Relations Board judge on Friday ruled that delivery drivers for Menards are not employees of the home improvement retailer, tossing claims the company violated federal labor law by classifying the drivers as independent contractors and maintaining mandatory arbitration policies.

  • November 20, 2017

    Fed. Circ. Urged To Not Review Defense In $200M Patent Suit

    Boston Scientific urged the Federal Circuit on Friday not to rethink a holding that the company is shielded from liability by the rarely invoked ensnarement defense in a cardiologist’s contract suit seeking more than $200 million in royalties on his stent patents, saying its use of the defense didn't come as a surprise.

  • November 20, 2017

    Split 6th Circ. Affirms GM Win In Dealership Contract Suit

    General Motors LLC didn’t breach its contract with an Ohio dealer by charging back $47,000 for incentive payments that didn’t meet the automaker’s requirements, a split Sixth Circuit said Monday, finding the contract required the dealership to meet GM’s incentive program requirements and affirming a lower court's ruling.

  • November 20, 2017

    Google, Netflix Say DOJ Fuzzy On BMI Music Interest Sales

    Google, Netflix and several other media industry players asked the Second Circuit on Friday for permission to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the DOJ has left open a possibility for BMI to sell partial interests in music, despite previously arguing against the practice.

  • November 20, 2017

    Mass Tort Firm Nears Settlement In $110M Contractor Suit

    A D.C. law firm specializing in mass tort claims against manufacturers of transvaginal mesh devices is close to settling a $110 million lawsuit with a records collection and management company that performed services for it and subsequently filed a series of liens against it over a payments dispute, the parties told a D.C. federal judge Monday.

  • November 20, 2017

    Raytheon Must Produce Some Docs In Trade Secrets Row

    Raytheon will have to produce additional documents in a suit from another defense contractor over a defunct teaming agreement for national security contracts worth $450 million, after a Virginia federal magistrate judge ruled Friday in favor of the company seeking discovery.

  • November 20, 2017

    Tribe Invokes Immunity In $10M Cannabis Contract Dispute

    A tribal corporation owned by the Utu Utu Gwaitu Paiute tribe has asked a California federal judge to toss a suit against it filed by a cannabis company over the termination of a $10 million contract to run a cannabis operation on tribal lands, arguing that the corporation has sovereign immunity from the claims.

  • November 20, 2017

    9th Circ. Urged To Trim Subcontractor's $1.1M Award Appeal

    An American contractor urged the Ninth Circuit on Friday to trim an Afghan subcontractor’s appeal seeking to revive a $1.07 million arbitration award stemming from a dispute over U.S. government prime contracts for construction in Afghanistan, saying the company seeks review of issues the lower court didn’t address.

  • November 20, 2017

    NJ Lawyers, Others Exempt From Proposed Freelancer Law

    Attorneys are among the professionals exempted from a proposal advanced by New Jersey lawmakers Monday that establishes protections for freelancers, such as timely payment assurance and oversight by the state’s Department of Labor and Workforce Development.

  • November 20, 2017

    Tribe Tells 9th Circ. Union Dispute Must Not Be Arbitrated

    The Shingle Springs Band of Miwok Indians told a panel of the Ninth Circuit on Friday that a memorandum of agreement between the tribe’s casino and a union does not govern employment disputes between the parties, urging the panel to reverse the lower court order compelling arbitration. 

  • November 17, 2017

    David Boies Could Be Cowboys Owner Jerry Jones' Hail Mary

    Dallas Cowboys owner Jerry Jones appears to have few legal options in his boiling feud with NFL Commissioner Roger Goodell, but with star litigator David Boies on his team, he has a shot at scoring points for his cause — and defending himself against possible sanctions for his outbursts, lawyers tell Law360.

  • November 17, 2017

    Inseego Suit Cites Representations Not In Deal, Sellers Say

    Attorneys representing the sellers of Feeney Wireless LLC in a $50 million merger with Inseego Corp. told a Delaware state court judge that fraud claims from the buyer should be tossed because they cite representations made by the seller that were not included in the agreed-upon terms of the transaction.

  • November 17, 2017

    LA Jury Awards $5M In Fees In Katy Perry Convent Trial

    A Los Angeles jury on Friday awarded nearly $3.5 million in legal fees to the Roman Catholic Archbishop of Los Angeles and about $1.57 million to pop star Katy Perry after a trial over whether a developer intentionally interfered with Perry's $14.5 million bid to buy a sprawling former convent by entering her own deal to buy the property from two nuns.

  • November 17, 2017

    Del. Court Nails Down $12B Student Loan Trust Control

    Attorneys battling over control of $12 billion worth of investment trusts holding 800,000 securitized student loans moved Friday to settle a key ownership impasse that snarled disputes in multiple courts over slipshod loan management and unsupported default and collection lawsuits.

  • November 17, 2017

    ND Tribe Member Urges Rethink Of Co.'s Win In Royalty Row

    A Three Affiliated Tribes member and his attorney urged a North Dakota federal judge Thursday to reconsider his decision to cut off their tribal court litigation against Enerplus Resources Corp. in a $3 million royalty overpayment dispute, saying the judge failed to take into account the oil and gas company’s alleged violations of tribal law.

  • November 17, 2017

    Catheter IP Row Settles After Fed. Circ. Kills $20M Ruling

    AngioScore Inc. and TriReme Medical LLC have settled a breach of duty and patent infringement suit over the design of a heart catheter after the Federal Circuit overturned a $20 million judgment in AngioScore’s favor, the companies told a California federal court Thursday.

  • November 17, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a consulting firm sue the shareholder rights group that challenged the Royal Bank of Scotland, Lehman Brothers' bankrupt European unit take on HMRC, and three reinsurers lodge a claim against Petroleos de Venezuela's captive insurer. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Roundup

    Judging A Book

    Alexander Hamilton

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • 10 Suggestions For Drafting Better Real Estate Documents

    William Hof

    While there can be no definitive list of do’s and don’ts, the 10 simple suggestions discussed in this article address many of the most commonly occurring style and formatting issues found in commercial real estate documents, says William Hof of Husch Blackwell LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.