We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Commercial Contracts

  • May 25, 2018

    Del. High Court Lets Contempt Order Be Enforced In IP Suit

    The Delaware Supreme Court has ruled that a court may enforce contempt orders and sanction a medical software developer who disobeyed court orders during intellectual property licensing dispute proceedings, even if the lower court finds that it lacks personal jurisdiction over him.

  • May 25, 2018

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

    The last week has seen an Irish real estate developer sue Ireland's "bad bank," a contract dispute between two African banks and a French fishing operator, and several major insurers take Danish shipping giant Maersk to court. Here, Law360 looks at those and other new claims in the U.K.

  • May 25, 2018

    Anadarko Retains Win In Texas Oil And Gas Lease Fight

    The Texas Supreme Court on Friday upheld a win for Anadarko Petroleum Corp. in an oil and gas rights dispute, finding TRO-X LP did not retain a small working interest in a set of mineral leases after Anadarko signed new leases with the property owners.

  • May 25, 2018

    Applebee’s Sues Franchisee In Ch. 11 Over Deal Breaches

    The parent company of Applebee’s Neighborhood Bar and Grill sued a bankrupt franchisee in Delaware on Friday, saying the debtor breached franchise agreements by closing several restaurants without permission and ceased making royalty payments several months before its Chapter 11 filings.

  • May 25, 2018

    Facebook Inflated Ad Revenues With Bogus Clicks, Suit Says

    An advertiser hit Facebook Inc. with a proposed class action in California federal court Thursday, claiming the social media giant inflated its cost-per-click revenue from advertisement slots by clicking on ads itself.

  • May 25, 2018

    Kodak Can't Ax Contract Dispute With German Software Co.

    A Massachusetts federal judge declined on Friday to throw out a contract dispute between Kodak Alaris Inc. and a German software firm that supplied a document-recognition program used in one of Kodak's products, saying that the issues should be left to a jury to decide.

  • May 25, 2018

    USC Nods To High Court Ruling In Workers' Arbitration Row

    The U.S. Supreme Court’s recent landmark decision upholding the legality of employee class action waivers supports the University of Southern California’s bid to individually arbitrate claims that the school mismanaged workers’ retirement savings, the university told the Ninth Circuit on Thursday.

  • May 25, 2018

    Texas Justices OK Separate Tax Appraisal Of Disposal Wells

    The Texas Supreme Court on Friday held that an appraisal district’s valuing of saltwater disposal wells separately from the land on which they are located is a valid appraisal method, rejecting the landowners’ arguments that such valuations double-taxed the wells.

  • May 25, 2018

    Avis Says Car Renter In Insurance Row Has No Standing

    Avis Budget Car Rental LLC asked a Florida federal judge to toss the remaining claims in a long-running class action over an alleged insurance coverage fraud, saying the court record proves the renter was provided with contractual liability coverage and thus does not have standing.

  • May 25, 2018

    Fried Frank Nabs Financial Services Litigator From Stroock

    Fried Frank Harris Shriver & Jacobson LLP has hired the co-head of Stroock & Stroock & Lavan LLP’s financial services litigation and enforcement practice, an expert who has represented financial institutions in securities litigation as well as entertainment companies in high-profile intellectual property disputes, the firm said recently.

  • May 25, 2018

    Jewish Law Scholar Can Testify In Cozen Fraud Row

    A Pennsylvania judge said Thursday she will allow a jury to hear from a scholar of Jewish law about the "cultural norms and business practices" at play in a Philadelphia real estate deal at the center of an investor’s accusations that he was duped by broker Cushman & Wakefield and lawyers at Cozen O'Connor and Blank Rome LLP.

  • May 25, 2018

    New Calif. Law Leaves Contractors With Questions

    Since the start of the year, California construction contractors have been bound by a new law that puts them on the hook for unpaid wages owed to their subcontractors’ employees, a change praised by worker advocates but eyed warily by builders.

  • May 25, 2018

    Chinese Co. Urges Court To Confirm $2.4M Generator Award

    A Chinese gas-powered generator manufacturer has asked a New York federal court to confirm a $2.4 million arbitral award issued against an importer in a dispute stemming from a national recall, arguing that an arbitrator expressly found that it was never paid for generators the importer purchased.

  • May 24, 2018

    Durie Tangri Beats TWiT's DQ Bid In Twitter Trademark Row

    A California federal judge on Thursday rejected a bid by video streaming service TWiT to disqualify Durie Tangri LLP from defending Twitter in a trademark suit, saying although TWiT once hired the firm, it hadn’t shown the current litigation is “substantially related” to that prior representation.

  • May 24, 2018

    Stormy Daniels Asks Judge To Let Trump Suit Move Forward

    Adult film star Stormy Daniels told a California federal judge Thursday he should reconsider a delay in her lawsuit to void a hush agreement she signed over a sexual encounter she claims she had with President Donald Trump, citing new evidence revealed by Rudy Giuliani and the president himself.

  • May 24, 2018

    FTC Can't Get Access To Qualcomm's Internal Patent Ratings

    The Federal Trade Commission won’t be able to get access to Qualcomm’s internal patent database because the ratings there are subject to attorney-client privilege, a California federal judge said, dealing a blow to the agency’s litigation over the chipmaker’s patent-licensing practices.

  • May 24, 2018

    Pro Golfer Gets Suit Over Promotion Deals Putted To Fla.

    A Washington federal judge approved a request to transfer to Florida a supplement company’s breach-of-contract suit against professional golfer Greg Norman, finding Thursday that the relevant contract was negotiated and signed in the Sunshine State.

  • May 24, 2018

    Judge Confirms Cardno's $15M Award Over Deal Gone Bad

    A Florida federal judge on Wednesday confirmed a nearly $15 million arbitral award for Australia's Cardno International Pty Ltd. in a dispute over its soured acquisition of an Ecuadorian engineering firm, saying the owners of the target company didn't offer a valid reason for refusing to enforce the award.

  • May 24, 2018

    Live Nation Must Face Trimmed Suit From Concert Promoters

    Live Nation Entertainment Inc. must face a New Jersey federal lawsuit from concert promoters alleging the business interfered with their efforts to stage an electronic dance music event at the 2011 New Jersey State Fair, a judge has said in upholding most of the claims.

  • May 24, 2018

    FCC Plan To Limit Call-Connection Charges Gets Early Praise

    The Federal Communications Commission's new plan covering intercarrier compensation methods has garnered early support from CenturyLink Inc. and NTCA-The Rural Broadband Association, on the heels of an announcement last week that the agency will seek to root out billing practices used by phone carriers to inflate call-connection charges.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • Illinois’ Unique Lease Tax Leaves Lessors Liable

    David Machemer

    While most jurisdictions impose sales tax on lease receipts collected from the equipment lessee, Illinois differs by treating the lessor as the user of the equipment and consequently responsible for Illinois use tax. This presents some unique challenges for lessors, says David Machemer of Horwood Marcus & Berk Chtd.

  • 4 Tips For Drafting A Strong Arbitration Agreement

    Zela Claiborne

    When counsel finish negotiating and memorializing a business deal, there may be little attention paid to crafting a dispute resolution provision for disputes that may never arise. However, it's important to take the time to craft a straightforward clause that will serve the parties well even when a complex dispute arises years later, says Zela Claiborne of JAMS.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • 5 Crucial Contract Provisions For Mature Construction Cycles

    Colby Drew

    The construction industry is currently in a mature cycle, meaning construction skills and costs are very high, but contractor availability is low. A properly worded contract reflecting the cycle's unique benefits and challenges will greatly enhance the prospects of successful project completion, says Drew Colby of Partridge Snow & Hahn LLP.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • Arbitration Jujitsu: 'Sealed Settlement Offers' Add Leverage

    Gilbert A. Samberg

    When negotiating a settlement before incurring the costs of arbitration, counsel may leverage the weight of anticipated arbitration costs by means of a "sealed settlement offer" — thereby putting additional pressure on a counterparty to be realistic in calculating the settlement value, says Mintz Levin member Gilbert Samberg.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Out-Of-State Companies Beware Mass. 'Manufacturer' Tag

    Philip Olsen

    As a result of recent cases, non-Massachusetts corporations, which may outsource certain operations and not consider themselves engaged in manufacturing in their home state, could nevertheless be found to be manufacturers in Massachusetts, say Philip Olsen and Michael Penza of Morrison & Foerster LLP.