Commercial Contracts

  • December 12, 2017

    Split Del. Justices OK Denial Of $50M Drug Approval Bonus

    Delaware's Supreme Court narrowly upheld Tuesday a lower court decision that denied stockholders of the former Calistoga Pharmaceuticals a $50 million bonus payment for limited European Union approval of a new drug for one form of blood cancer.

  • December 12, 2017

    Pharma Cos. Settle Pa. Skelaxin Pay-For-Delay Fight

    Generics maker SigmaPharm Inc. has settled a Pennsylvania state lawsuit accusing Mutual Pharmaceutical Co. Inc. of conspiring with Pfizer unit King Pharmaceuticals Inc. to suppress the release of generic forms of the muscle relaxant Skelaxin, according to an order docketed Tuesday.

  • December 12, 2017

    $6M Nokia Real Estate Row Must Be Arbitrated, Court Hears

    Nokia asked a Texas federal court Monday to toss a U.S. commercial real estate services firm's $6 million suit accusing the Finnish consumer electronics company of breaching an exclusive service agreement, saying the dispute must be arbitrated in London.

  • December 12, 2017

    BHP Billiton Can't Put An Early Stop To Oil Gathering Row

    A Texas appellate court on Tuesday rejected BHP Billiton Petroleum Properties LP's argument that a lawsuit brought against it by an oil and gas exploration company alleging BHP charged above-market rates to gather oil and gas produced from Eagle Ford Shale wells should be dismissed under the Gas Utility Regulatory Act.

  • December 12, 2017

    Disney Can’t Cut Claims From ‘Turner & Hooch’ Profit Suit

    A California judge on Tuesday shut down Disney’s attempt to trim a lawsuit accusing the studio of failing to pay the producer of “Turner & Hooch” a fair share of the film’s profits, finding that business violations and intentional interference claims aren’t moot despite a recently completed audit.

  • December 12, 2017

    Doc Says Absentee Atty's Negligence Resulted In Loss

    A Houston-area doctor filed a lawsuit Tuesday against Houston-based Stagner Law Firm and one of its attorneys, alleging that despite taking a $3,500 payment to represent him in a lawsuit stemming from the purchase of a medical practice, the attorney failed to show up to court.

  • December 12, 2017

    AGL Fights Redo Bid On $7.4M Pipeline Row Jury Award

    AGL Services Co. urged an Atlanta federal court on Monday not to disturb a $7.37 million verdict against gas pipeline contractor Mistras Group Inc., saying expert testimony was properly barred in the contract dispute and that a jury agreed with AGL that no necessary damage-mitigation measures went ignored.

  • December 12, 2017

    Apparel Co. Loses Bid To Revive $50M Adidas Contract Row

    A New York federal court on Monday denied a streetwear apparel brand's attempt to revive a $50 million breach of contract claim it brought against Adidas AG over a failed collaboration agreement, finding that the company failed to present new evidence.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Chancery Tosses NRG Reclassification Suit On MFW Grounds

    A Delaware Chancery judge on Monday threw out a shareholder lawsuit challenging power generating giant NRG Energy Inc.'s stock reclassification of its yieldco, ruling that the standards under the MFW precedent that can protect controlling-party takeovers from stockholder claims were met, and can also extend to reclassification transactions.

  • December 11, 2017

    Fla. Country Club GC Seeks Sanctions Over Resident's Suit

    The general counsel for a Boca Raton, Florida, country club renewed his sanctions bid Friday against a club property owner for continuing to pursue "frivolous" claims after he again sought to bring a class action accusing the counsel of contributing to mismanagement that allegedly decimated property values and prompted increased fees.

  • December 11, 2017

    Dog Groomer Can't Duck Fraud Claims In Trademark Suit

    An Illinois federal judge on Monday said a dog groomer cannot dodge consumer fraud claims brought by a grooming business accusing him of unlawfully listing his number next to its advertisements, but he held on to the groomer's counterclaim that a once-contractual partnership between him and the company owners was unlawfully broken.

  • December 11, 2017

    NFL Hall Can Talk To Ticket Holders In Canceled Game Suit

    An Ohio federal judge refused Monday to restrict the Pro Football Hall of Fame's communications with disgruntled ticket holders suing over the last-minute cancellation of the 2016 NFL Hall of Fame Game, finding the museum's attempts to get the proposed class members to accept refunds were not misleading or malicious.

  • December 11, 2017

    LA Boutique Says Ex-Gibson Dunn Atty Owes $140K In Fees

    A former Gibson Dunn & Crutcher LLP partner skipped out on $140,000 in legal fees owed to Los Angeles-based boutique Brown Neri Smith & Khan LLP for an elderly abuse case, according to a state court suit filed Friday that said the former partner had even praised the boutique’s work with some freshly baked bread.

  • December 11, 2017

    Dunmore Owner Must Cough Up $16M In Travelers Bond Row

    The former owner of defunct home builder Dunmore Homes Inc. has been hit with an order in a California federal court directing him to cough up millions of dollars that he allegedly has stashed overseas in order to satisfy a $16 million judgment Travelers won in a bond insurance suit.

  • December 11, 2017

    Judge OKs Award To Colombian Co. Following Contract Row

    A New Jersey federal judge on Friday confirmed a $290,000 arbitral award issued to a Colombian agroindustrial equipment company following a payment dispute with Delaware-based Aviation Technology and Turbine Service Inc., concluding that the American company had missed its chance to argue that their arbitration agreement wasn't valid.

  • December 11, 2017

    Nestle Unit Loses Bid To Shed Contractor's Claim In Ch. 11

    A Nestle bottled water unit on Monday lost an appeal seeking to invalidate an arbitration claim brought by a distributor that later reorganized in bankruptcy, as a Sixth Circuit panel found the debtor had provided enough detail to preserve the claim in its Chapter 11 plan.

  • December 11, 2017

    NJ Justices Nix Worker's Contract Barring 3rd-Party Suits

    The New Jersey Supreme Court on Monday ruled that an employment contract barring third-party lawsuits wasn’t enforceable under the state’s workers’ compensation law because it contravenes public policy, but a trial court must still determine if the suing employee was partially liable for the injury that prompted his suit. 

Expert Analysis

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.

  • What To Know Before Going Into Arbitration

    Carl Jenkins

    While the advantages of arbitration are well known, they can become disadvantages for the unwary. Carl Jenkins and A. Scott Davidson of Duff and Phelps Corp. offer suggestions from their experiences as arbitrators, arbitration panel members, expert witnesses and consultants.

  • A Look Back At Key 2017 Sports Cases — And What's Ahead

    Helen Maher

    There was no shortage of off-the-field drama in 2017, with athletes deciding they could no longer “stick to sports” and the federal government inserting itself into sports-related controversies. The outcome of four controversies in particular may have implications beyond the world of athletics, say attorneys with Boies Schiller Flexner LLP.

  • Alternatives To 'Key Money' In Hotel Management Agreements

    Ronald Kornreich

    One financial incentive commonly offered in hotel management agreements, known as "key money," is straightforward and relatively easy to negotiate. However, key money is not the right fit for every owner or operator, or every hotel, and there are alternatives, says Ronald Kornreich of Akerman LLP.

  • Playing Against A Stacked Deck: Tenant Leasing Strategies

    Mark Foster

    It is a myth that landlord form leases are standard and not negotiable. Though corporate tenants may feel that they do not have the time or inclination to negotiate leases, they should be proactive in identifying and undoing the landlord traps found in form leases, says Mark Foster of Snell & Wilmer LLP.

  • The Intersection Of Arbitration And Choice-Of-Law Clauses

    Rachel Mongiello

    Clients on the verge of litigation with a contractual counterparty often furnish their attorneys with the negotiated contract containing a mandatory arbitration provision and choice-of-law clause. But an often overlooked question is whether the Federal Arbitration Act or the parties’ chosen law governs the arbitration itself, says Rachel Mongiello of Cole Schotz PC.

  • 7 Major Revisions To Standard Form Construction Contracts

    Brent Meyer

    Every decade, the American Institute of Architects issues revisions to the standard construction contract documents widely used in the industry to delegate various obligations and rights leading up to and during a construction project. Brent Meyer of Husch Blackwell LLP identifies this year’s major revisions and the parties impacted by each change.