Commercial Contracts

  • October 13, 2017

    Diamond Resorts Says Time-Share Service Misled Customers

    Hospitality company Diamond Resorts International Inc. has sued time-share cancellation service Orlando Ventures Inc., accusing the company of misleading and drawing away its customers by convincing them to cancel their time-share contracts with Diamond.

  • October 13, 2017

    Wyo. High Court Sends Kindred Death Suit To Arbitration

    The Wyoming Supreme Court ruled Thursday a trial judge was wrong to deny arbitration in a suit accusing a Kindred Healthcare-owned nursing home of being responsible for a patient’s death, saying the arbitration agreement was not unconscionable and the patient’s daughter had the authority to sign it.

  • October 13, 2017

    Citibank's $1.74B Settlement With Lehman Gets Court's OK

    Citibank NA's agreement to return $1.74 billion to the Lehman Brothers estate and cut short a trial over closeout calculations for derivatives trades that went into default after Lehman's collapse is sealed, as the New York bankruptcy judge who oversaw the monthslong trial happily signed the deal on Friday.

  • October 13, 2017

    Trump Golf Club Members Ask 11th Circ. To Back $5.7M Win

    Members of a Donald Trump-owned Florida golf club asked the Eleventh Circuit on Friday to uphold a ruling ordering the club to refund roughly $5.7 million to members who had resigned before Trump's 2012 purchase, arguing that the lower court correctly construed their membership agreements.

  • October 13, 2017

    Del. Court Tosses Ripple, R3 Crypto-Cash Contract Clash

    Citing lack of jurisdiction under any theory, a Delaware court on Friday dismissed a potential $1.3 billion contract breach claim filed by enterprise software firm R3 HoldCo LLC against blockchain developer Ripple Labs and its XRP cryptocurrency subsidiary.

  • October 13, 2017

    Auto Software Maker Wants Rival's Sales Halted

    An Illinois-based maker of software that lets car buffs “tune” their rides asked a Washington federal judge Thursday to stop a rival from selling competing products at an upcoming trade show it claims were made with hacked trade secrets.

  • October 13, 2017

    Pa. Justices Snub Settlement Appeal In Atty Partnership Tiff

    The Pennsylvania Supreme Court said Thursday it would not hear an appeal of a decision enforcing a settlement agreement over how to distribute fees between two erstwhile partners of the former Cherry Fieger & Marciano LLP.

  • October 13, 2017

    Texas High Court Won't Hear Anglo-Dutch Atty Fees Row

    The Texas Supreme Court on Friday denied a bid for review from Anglo-Dutch Petroleum International, which had argued a trial court awarded and lower appellate court wrongly affirmed a “windfall” in interest on attorneys' fees to a lawyer who represented the company in a trade secrets suit, after Anglo-Dutch successfully appealed a verdict on the fee amount.

  • October 13, 2017

    Travelers Unit Says It Needn't Cover Hotel Breach Claim

    A Travelers unit told a Florida federal court Thursday that it has no duty to defend a hotel company's information technology subsidiary against a claim for losses relating to a data breach, saying the situation doesn’t constitute personal injury or property damage covered by a pair of general liability policies.

  • October 13, 2017

    Engineering Co. Asks To Enforce $41M Tanzania Judgment

    An English engineering firm asked a D.C. federal court on Thursday to enforce two judgments issued abroad that relate to arbitral awards against Tanzania totaling more than $41 million, which were issued following a dispute over a stymied road rehabilitation project.

  • October 13, 2017

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

    The last week has seen a new fraud suit against German entrepreneur Lars Windhorst, a Financial List claim from an asset financing firm and a suit against the London unit of Indian asset manager IIFL Wealth. Here, Law360 looks at those and other new claims in the U.K.

  • October 12, 2017

    Union Attempt To Beat NFL To Court Over Elliott Backfires

    Dallas Cowboys running back Ezekiel Elliott’s six-game domestic violence suspension is back on the table as the Fifth Circuit ruled the players union filed suit prematurely, meaning the union’s preemptive legal strategy to beat the NFL to federal court may have backfired, at least for now. 

  • October 12, 2017

    Fitbit Heart-Rate Monitor Row Pushed To Arbitration

    Fitbit Inc. scored a partial win Wednesday in a proposed class action that accused the company of selling faulty fitness watches when a California federal judge sent the dispute to arbitration after finding the consumers couldn’t claim they lacked the sophistication to understand the contract.

  • October 12, 2017

    Investor Can’t Exploit Communication Co.’s $2B FCC Waiver

    Emergency communications specialist ShipCom LLC has the sole right to exploit a waiver from the Federal Communications Commission worth $2 billion that underpins its business, a Delaware Chancery Court found Thursday, ruling ShipCom’s 80 percent owner can’t monetize the waiver by itself despite its majority status.

  • October 12, 2017

    Boston PE Fund Sues 2 Cos. For Diluting Securities, Fraud

    Boston-based Auctus Private Equity Fund LLC filed lawsuits against two companies in Massachusetts federal court on Wednesday, accusing both of breaches of contract involving default events that affected the fund’s securities purchase agreements with them.

  • October 12, 2017

    Uranium Miner Defends Water Quality Deal To Texas Justices

    Texas Supreme Court justices on Thursday questioned how a settlement agreement requiring uranium mining company URI Inc. to restore the quality of water wells in Kleberg County could be viewed as unambiguous by both parties when the parties differ sharply on the meaning of a key term.

  • October 12, 2017

    Deutsche Says It Can Fund Defense From Disputed Trusts

    Deutsche Bank National Trust Co. on Tuesday urged a New York federal judge to toss a proposed class action alleging that it’s improperly dipping into 10 residential mortgage-backed securities trusts it oversees to pay for its defense in a separate suit brought over its handling of those same trusts.

  • October 12, 2017

    Pa. Appeals Court Rejects Tribal Gaming Co.’s Tax Arguments

    A Pennsylvania appellate court Thursday stood by a panel’s decision that held the commonwealth’s tax authority was correct to find a tribal-owned racetrack and casino company owed $1.2 million in sales and use taxes during a roughly four-year period, rejecting the company’s exceptions to the earlier ruling.

  • October 12, 2017

    Ariz. Agency Says Gov't Must Face Tribal Water Row

    The Central Arizona Water Conservation District told a federal court on Wednesday that the federal government must face its claims in a dispute over its obligations to deliver excess water supply to the Ak-Chin Indian Community, arguing that the government had waived its sovereign immunity under the law.

  • October 12, 2017

    5th Circ. Opens Door For NFL's Elliott To Serve Suspension

    The Fifth Circuit on Thursday opened the door for Dallas Cowboys running back Ezekiel Elliott to begin serving a six-game suspension for domestic violence allegations, finding that a Texas federal court where the players union had obtained an order to hold off on the suspension lacked the power to rule on the case because the union filed the suit prematurely.

Expert Analysis

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Class Waiver Oral Arguments Show Room For Compromise

    Scott Oswald

    Following arguments Monday at the U.S. Supreme Court, the outcome of Epic Systems Corp. v. Lewis and its two consolidated cases is a toss-up. A 5-4 pro-employer decision may be the safe bet, but the court showed tantalizing signs that it could reach a broader consensus, says Scott Oswald of The Employment Law Group.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Series

    Class Waivers At The High Court: The FAA's Mandate

    Eddie Berbarie

    Employers across the country are looking to the Federal Arbitration Act and the U.S. Supreme Court's upcoming review of three pending cases to preserve the benefits of bilateral arbitration in the employment context, say Eddie Berbarie and Rob Friedman of Littler Mendelson PC.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Series

    Class Waivers At The High Court: NLRA And Employee Rights

    William Jhaveri-Weeks

    The U.S. Supreme Court would upend the better part of a century’s worth of authority if, in three pending cases, it concludes that an employer can contractually prohibit employees from engaging in concerted legal action simply by placing the prohibition in an arbitration agreement, say William Jhaveri-Weeks and Katharine Fisher of Goldstein Borgen Dardarian & Ho.