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

  • October 19, 2018

    Bank Must Face Claim Of Stalling Wall Street Condo Sale

    A Manhattan trial judge ruled Friday that real estate firm Bleckner PC can sue Signature Bank for refusing to let the firm put a $14 million down payment on a building in the heart of New York’s Financial District because the bank believes the building’s seller is blacklisted by the U.S. Treasury.

  • October 19, 2018

    Gas Royalty Owners Seek Final OK Of $221M Deal With BP

    A proposed class of natural gas royalty owners asked Friday for final approval of a $221 million deal, including $147 million in cash and policy changes resulting in tens of millions more in royalties, settling claims in Oklahoma federal court that a BP PLC unit underpaid them royalties.

  • October 19, 2018

    Texas Justices To Hear IBM's $17.5M Software Contract Row

    The Texas Supreme Court on Friday granted review to IBM Corp. in its bid to overturn a $17.5 million jury award in favor of Lufkin Industries LLC stemming from a software contract.

  • October 19, 2018

    HP Unit Owes Startup $2.3M For Software Work

    A California federal jury found Friday that a Hewlett Packard unit must pay a software startup more than $2.3 million for work on a Malaysian banking project, while clearing HP on many of the allegations in a contract suit that sought tens of millions in damages.

  • October 19, 2018

    Texas Justices Won't Revive Romo's Fantasy Expo NFL Suit

    The Texas Supreme Court on Friday declined to review a suit alleging the National Football League torpedoed a fantasy football convention associated with former Dallas Cowboys quarterback Tony Romo.

  • October 19, 2018

    Texas Justices Decline To Hear Apache Royalties Dispute

    The Texas Supreme Court on Friday declined Devon Energy Production Co.’s request to review a lower court decision that said the company is solely liable to pay royalties on oil and gas produced from wells drilled by Apache Corp.

  • October 19, 2018

    Blackstone Real Estate Arm Buys Hawaiian Ritz-Carlton Hotel

    The Ritz-Carlton Kapalua, a luxury oceanfront hotel on a 49-acre property in Maui, Hawaii, has sold for an undisclosed price to Blackstone Real Estate Partners, according to joint venture partners Ares Management LLC, SMW Hospitality LLC and Trinity Real Estate Investments LLC.

  • October 19, 2018

    Auto Group Investors Try To Ditch Antitrust, RICO Suit

    Three auto group investors asked a Texas federal judge to toss an antitrust suit against them, saying the case should be tried in Oklahoma, where identical bid-rigging and racketeering claims in the foreclosure of their two dealerships are being heard in the Oklahoma Supreme Court.

  • October 19, 2018

    HTC Says Ericsson Is Dragging Its Feet In SEP Royalties Row

    Cellphone maker HTC America Inc. urged a Texas federal court on Thursday to nudge Ericsson Inc. into turning over evidence related to its alleged overcharging for aging standard-essential patents, saying the Swedish telecom is dragging its feet while it awaits a ruling on whether certain antitrust claims can be arbitrated.

  • October 19, 2018

    Jackson Walker Picks Up Appellate Pro In Dallas

    Jackson Walker LLP has hired the former managing partner of the now-closed appellate boutique Hankinson LLP to join its Dallas office's trial and appellate litigation practice as a partner.

  • October 19, 2018

    Ex-Tennis Star's Tourney Ties Force Arbitration In WTA Suit

    A New York federal judge has said a former Romanian tennis star suing the Women's Tennis Association received enough personal benefit from the ownership of a Madrid tournament that he must adhere to his company's arbitration agreement with the tennis organization, even if he personally did not sign it.

  • October 18, 2018

    Necco Trustee Says Director Suit Should Stay In Fed. Court

    The Chapter 11 trustee of bankrupt candy maker New England Confectionery Co. Inc. told a Massachusetts federal judge Thursday that his suit accusing the debtor’s directors and officers of prepetition breaches of fiduciary duty shouldn’t be moved to bankruptcy court because it isn’t a core proceeding to the Chapter 11 case.

  • October 18, 2018

    Texas Firm's Advice Cost It $1M In Asset Sale, Telecom Says

    A telecom tower maintenance and construction company sued Texas law firm Hindman Bynum PC in Dallas County District Court on Thursday, saying the firm cost its shareholders more than $1 million by exposing them to personal liability through the sale of company assets to a computer sales and repair services outfit.

  • October 18, 2018

    Energy Co. Must Pay Long-Term Benefits To Fired VP: 5th Circ.

    A Fifth Circuit panel on Thursday found a federal district court erred when it ruled a former CETCO Energy Services Company employee couldn’t get certain incentive payments outlined in his contract, remanding the case to determine how much in long-term incentive benefits he is owed.

  • October 18, 2018

    5th Circ. Passes Daewoo Iron Shipment Row To La. High Court

    A Fifth Circuit panel has asked the Louisiana Supreme Court to rule on whether a state law allowed Korean shipper Daewoo International Corp. to seize a contested iron shipment as it looked to compel America Metals Trading LLP into arbitration.

  • October 18, 2018

    Citibank IDs Garnished Accounts In Wine Co. Investor Row

    Citibank has told a Florida federal judge that a controlling shareholder in a Chilean wine company ordered to pay a $28.7 million arbitration award to a Delaware investor for breaching a stock repurchase agreement has about $96,600 in cash across several accounts subject to garnishment, plus shares in a handful of companies.

  • October 18, 2018

    Settlement Up To $41M Approved In Aviva Annuity Suit

    A Massachusetts federal judge approved a class action settlement Thursday guaranteeing the annuities of 5,000 Aviva PLC customers at a value of up to $41 million, though he raised questions about the lead counsel's request for over $4 million in attorneys' fees.

  • October 18, 2018

    Horizon, Hospital Settle Claims In NJ Suit Over Tiered Plan

    Horizon Healthcare Services Inc. and CentraState Medical Center Inc. on Thursday announced that they have resolved CentraState's claims in a New Jersey state lawsuit alleging that the insurer's tiered health coverage plan left certain hospitals competitively disadvantaged, leaving only one hospital taking the company to trial next week.

  • October 18, 2018

    LabMD Exec Sees FCA Suit Against Tiversa Trimmed

    A New York federal judge has trimmed a False Claims Act suit brought by the president of LabMD accusing cybersecurity firm Tiversa of fabricating data breaches to secure government contracts, concluding that the executive sufficiently alleged fraud for some claims, but that others don’t hold up.

  • October 18, 2018

    Sprint Stiffed $4M Commission, Wireless Partner Claims

    A Texas wireless partner has hit Sprint Nextel Corp. and a subsidiary with a more than $4 million suit in Dallas federal court, claiming the wireless giant breached their long-standing contract and defamed it in the process.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • The A-List For Managing Employment Law Risks And Costs

    Brendan Sweeney

    For most employers, the value of a class action waiver far outweighs the negatives of arbitration, but proactive in-house lawyers can do more than simply avoid class actions. The risk and cost of individual arbitration cases can be managed effectively with early case assessment and alternative fee arrangements, says Brendan Sweeney of Jackson Lewis PC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Class Arbitrability Questions After 11th Circ. JPay Ruling

    Gilbert Samberg

    One may ask whether the Eleventh Circuit’s recent decision in JPay v. Kobel correctly addressed the issue of “clear and unmistakable” consent when it comes to the delegation of class arbitrability. However, with respect to many class arbitration-related matters, a second issue looms, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding Unfair Labor Practices Under NLRA Section 8(a)

    Excerpt from Lexis Practice Advisor
    David Phippen

    Section 8(a)(1)-(5) of the National Labor Relations Act allows private sector employees to form unions, participate in collective bargaining and take collective action. David Phippen of Constangy Brooks Smith & Prophete LLP discusses employer best practices for preventing violations of these provisions.

  • When The Music Stops: Best Practices For Band Agreements

    Wilson4627_Personality_520x282.jpg

    The recent news about musician Lindsey Buckingham suing rock band Fleetwood Mac after being kicked off the tour and out of the band demonstrates the problems that can arise when a successful music group lacks a written partnership agreement, says Matthew Wilson of Arnall Golden Gregory LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.