Commercial Contracts

  • June 18, 2009

    Litigation Shifts As Credit Crunch Deepens: Report

    As the credit crisis deepens, litigation surrounding it has shifted in target from subprime-related companies to asset management firms and begun focusing on more complex financial instruments such as collateralized debt obligations and credit default swaps, according to a recent report.

  • June 19, 2009

    Ethicon Ex-Employee Enjoined In Patent Spat

    A federal judge has ruled that a former employee of Johnson & Johnson unit Ethicon Endo-Surgery Inc. cannot sell or license certain patent applications for ultrasonic surgical blade technology now that a jury has handed down a $2.1 million damages award to the company.

  • June 17, 2009

    GSK Lamictal Prices Don't Breach Deal, Judge Says

    A federal judge has thrown out a suit alleging that GlaxoSmithKline PLC's effort to sell its Lamictal epilepsy drug at generic prices breached a license agreement giving Teva Pharmaceutical Industries Ltd. exclusive rights to manufacture and sell a generic version of the drug.

  • June 17, 2009

    Delphi Seeks Lenders' OK Of GM's $250M DIP Loan

    Bankrupt auto parts supplier Delphi Corp. has scored an additional week to resolve issues with its existing debtor-in-possession lenders regarding the terms of former parent General Motors Corp.’s contributions to a new $250 million DIP loan.

  • July 13, 2009

    Claims Probe Crucial In Insurers' Bad Faith Defense

    One allegation arising frequently in disputes between policyholders and insurers is a claim that an insurer did not act in good faith. While such claims can be difficult to prove, attorneys say it is always in an insurer’s best interest to vigorously defend itself because bad faith judgments can often result in the award of punitive damages.

  • June 16, 2009

    MassMutual Madoff Suit Re-Emerges In Federal Court

    An investor in a hedge fund controlled by Massachusetts Mutual Life Insurance Co. has filed an amended putative class action complaint in federal court against the firm and related entities, including the Bank of New York Mellon Corp., for allegedly carelessly investing all of the fund's assets into Bernard L. Madoff's massive Ponzi scheme.

  • June 16, 2009

    Orrick Loses 2nd Bid To Dismiss Headhunter Fee Suit

    Orrick Herrington & Sutcliffe LLP has lost another bid to toss a recruiting firm’s suit against it, after a judge denied the law firm’s request to dismiss the case from Florida in favor of another forum.

  • June 16, 2009

    Microsoft Suit Targets 'Click Fraud'

    Microsoft Corp. has hit three individuals with a breach-of-contract suit over an alleged “click fraud” scheme the technology giant says tampered with its sponsored search engine results and sapped revenue from its online advertisers.

  • June 16, 2009

    Ethicon Asks To Protect Patent Apps After $2M Verdict

    Johnson & Johnson unit Ethicon Endo-Surgery Inc. has moved to prevent a former employee from selling or licensing certain patent applications, on the heels of a jury's $2.1 million damages award to the company three days ago in the spat over ultrasonic surgical blade technology.

  • June 17, 2009

    EMC Info Processing Patent Infringement Suit Ditched

    After finding EMC Corp. had plenty of fight, patent-holding companies Millennium LP and Eon-Net LP have backed away from the technology company, and the court has dismissed allegations EMC infringed several patents related to information processing.

  • June 16, 2009

    DuPont Slaps Monsanto With Antitrust, Patent Claims

    Striking back at Monsanto Co.’s infringement suit against it, DuPont Co. asserted claims Tuesday that the agricultural giant’s patent on herbicide-resistant genetically modified soybeans and corn is invalid and that the litigation is an attempt to restrict competition in the market for genetically altered seeds.

  • June 15, 2009

    Katrina-Damaged Rental Car Coverage Suit Kept Alive

    A federal judge has tossed Express Rent-a-Car's business interruption and loss coverage claims in an insurance dispute arising from damage to its rental car fleet during Hurricane Katrina, but has declined to dismiss the rental company's remaining claims against U-Save Financial Services Inc., which administered the self-insurance program at issue.

  • June 15, 2009

    High Court To Hear Shell Dispute With Station Owners

    The U.S. Supreme Court has agreed to weigh in on a legal wrangle between Shell Oil Products Co. LLC and eight gas station owners in Massachusetts who have accused the oil and gas firm of improperly changing and terminating their franchise agreements.

  • June 16, 2009

    Ky. Gas Royalties Fraud Action Settled For $28.7M

    Hundreds of Kentucky real estate lessors accusing three energy companies of cheating them out of millions of dollars in natural gas royalties have reached a $28.7 million deal to settle their class action lawsuit.

  • June 17, 2009

    Former Heller Insurance Atty Lands At Sedgwick

    Sedgwick Detert Moran & Arnold LLP has added a partner to its insurance practices group who joins the firm from Heller Ehrman LLP after a brief stint at DLA Piper.

  • June 12, 2009

    Recruiter's Suit Against Orrick Allowed To Proceed

    A judge has refused to throw out a recruiting company's suit against Orrick Herrington & Sutcliffe LLP alleging that the firm refused to pay an agreed-upon $450,000 placement fee after hiring three attorneys recommended by the recruiter.

  • June 12, 2009

    Insurer's Complaint Over Policy Rescissions Nixed

    A federal court has dismissed a third-party complaint that Lincoln National Life Insurance Co. filed against a statutory trust to declare the insurer not liable for a slew of life insurance policies the trust asked it to rescind based on allegations that insurance agents had lied on the policy applications.

  • June 12, 2009

    Insurer Says Policy Doesn't Cover $6M Spam Ruling

    Greenwich Insurance Co. has asked a court to rule that a policy it issued to online marketing company Media Breakaway LLC does not cover a $6 million judgment against the company for engaging in an illegal spamming scheme on MySpace.

  • June 11, 2009

    Some Counterclaims Over Bednet Patent Tossed

    A federal judge has dismissed several infringement and other counterclaims against insect-repellent tent maker Iguana LLC in its $30 million suit against a purported patent holder, his attorneys at Kilpatrick Stockton LLP and a manufacturer that claims an exclusive license to make the so-called bednets for military use.

  • June 11, 2009

    Bankruptcy Judge Tells Delphi To Open Up Bidding

    Even though bankrupt Delphi Corp. has reached a deal with Platinum Equity Capital Partners LP for the sale of most of its operations, a judge has reportedly told the auto parts supplier to give other bidders a shot at buying its assets.