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Commercial Contracts

  • August 15, 2018

    9th Circ. Backs Dismissal Of $2B Mexican Contract Case

    The Ninth Circuit on Wednesday affirmed a lower court decision to dismiss a Mexican corporation’s multibillion dollar lawsuit against a Mexican government-owned salt mining company over an allegedly breached deal for a lucrative salt production byproduct, saying the U.S. court lacked jurisdiction.

  • August 15, 2018

    11th Circ. Won't Revive Ex-Judge's Suit Over Disbarment

    The Eleventh Circuit on Wednesday upheld a lower court’s decision to toss a former Florida state judge's lawsuit over the state's Judicial Qualification Commission’s recommendation to the Florida Supreme Court that she be removed from the bench, as well as affirming her subsequent disbarment by the state bar.

  • August 15, 2018

    Crypto Co. Hit With Default Judgment For Bilking Investors

    A Florida federal judge on Tuesday entered a default judgment against Monkey Capital LLC, which a group of investors say pocketed $1.17 million worth of cryptocurrency investments meant for an initial coin offering and the launch of a private cryptocurrency exchange that never happened.

  • August 15, 2018

    Fla. Court OKs Jury Instructions In Hurricane Repair Row

    A Florida appellate court on Wednesday affirmed a trial court’s jury instructions and evidentiary rulings in a trial between two condo associations and an insurance agent over a construction bond needed to repair hurricane damage, rebuffing the associations’ argument that the trial court cost them a larger verdict.

  • August 15, 2018

    DQ Attys Of Chobani Founder's Ex-Wife, 'Consultant' Says

    A onetime confidant to the ex-wife of Chobani Inc. founder Hamdi Ulukaya told a New York federal judge that her lawyers should be tossed off his federal case against her because they “are simultaneously and necessarily concerned” with their own defenses in a related state action.

  • August 15, 2018

    Mass. Grocers Appealing Loss In Wholesaler Antitrust MDL

    New England grocery store operators told a Minnesota federal court Wednesday they plan to appeal a July loss in multidistrict litigation accusing Supervalu Inc. of agreeing to not compete for customers with C&S Wholesale Grocers Inc. in the wholesale supply of groceries.

  • August 15, 2018

    Arbitration Deal Doomed By Its Own Language: Calif. Panel

    A California state appeals court on Tuesday affirmed an order voiding an agreement staffing company Robert Half International Inc. had cited in seeking to send an ex-worker’s proposed wage class action to solo arbitration, saying the company’s overbroad arbitration pact doomed itself.

  • August 15, 2018

    Music Rights Co. Can't Get Suit Against Radio Group Going

    A California federal judge on Tuesday refused to resume Global Music Rights LLC's suit alleging that industry group Radio Music License Committee Inc. is operating an "illegal cartel," telling the performance rights organization it should litigate in Pennsylvania, where it was sued first.

  • August 15, 2018

    NY Tunnel Rehab Contractor Dodges Some Race Bias Claims

    The general contractor on a New York City tunnel rehabilitation project on Tuesday dodged claims brought under city, state and federal civil rights laws in a suit alleging it was racially motivated when it scrapped a contract with an African American-owned business.

  • August 15, 2018

    'Star Wars' Book Dealer Sued Over Translation Credit Error

    Book distributor Readerlink Distribution Services LLC got hit with a lawsuit in Illinois federal court Tuesday by a woman who says it is selling a "Star Wars" book that misattributes its shoddy Spanish translation to her and hasn't destroyed the books despite indicating several times it would.

  • August 15, 2018

    600 Lb. Gorillas, Mister Cookie Face Case In Jury's Hands

    A nearly $4 million breach of contract case over the butterfat content of ice cream sandwiches is in the hands of a Massachusetts federal jury after attorneys on Wednesday argued over whether Mister Cookie Face LLC ruined dessert maker 600 lb. Gorillas Inc.'s business by changing a formula that left customers with an icy taste in their mouths.

  • August 15, 2018

    Dish Says $280M Telemarketing Penalty ‘Legally Indefensible’

    Dish Network continues to urge the Seventh Circuit to upend a $280 million judgment won by state and federal regulators over violations of do-not-call laws, arguing in a recent brief that government officials can’t defend a decision “premised on basic legal errors.”

  • August 15, 2018

    ETP Exec Wants Co. Kept Out Of His $20M Fraud Suit

    The CEO of Energy Transfer Partners LP has moved to quash a subpoena seeking documents from the company in his personal $20 million fraud suit against Advanced Particle Therapy LLC, saying the material is irrelevant to the case and the subpoena is harassment against the company.

  • August 14, 2018

    Tinder Founders Sue Match For $2B Over Stock Options

    A slew of Tinder founders, early employees and current executives hit the dating app’s parent companies, IAC and Match Group Inc., with a $2 billion suit in New York state court Tuesday, accusing the companies of deliberately tanking the valuation of the dating app in order to lessen the value of their stock options.

  • August 14, 2018

    Rimini Still Owes Oracle $28.5M Attys' Fees In IP Suit

    A Nevada federal judge on Tuesday ordered Rimini Street Inc. to pay Oracle Corp. $28.5 million in attorneys' fees after years of litigation in their copyright infringement case, saying the award was still justified even though the Ninth Circuit reversed Oracle’s state-law claims.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Italian Engineering Co. Must Arbitrate Power Plant Row

    A New Jersey federal judge ordered an Italian engineering contractor to arbitrate its defamation lawsuit against a U.S. manufacturer of steam condensers, rejecting arguments that the dispute stemming from a power plant project fell outside an underlying arbitration clause.

  • August 14, 2018

    AT&T Customers Win Cert. In Roaming Fees Class Action

    A California federal judge certified a class of AT&T customers who accused the company of misleading them about overseas roaming fees, finding in the long-running suit that, though the customers had gotten information from different sources, their claims could be heard as a group.

  • August 14, 2018

    Napoli, 14 Law Firms Can't Escape Asbestos Referral Suit

    A Maryland federal judge said Tuesday that New York attorney Paul Napoli can’t shut down a suit over unpaid fee arrangements just because most of the work in question was done outside of the Old Line State, finding there’s enough of a connection to exercise jurisdiction.

  • August 14, 2018

    Miami's Suit Over Marlins Sale Heads Back To State Court

    A Florida federal judge has agreed with Miami-Dade County and the city of Miami that their suit against the Miami Marlins belongs in state court, ruling Tuesday that the dispute over the team’s $1.2 billion sale was removed to federal court prematurely.

Expert Analysis

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP