Commercial Contracts

  • August 17, 2017

    Texas Court Tosses Surgery Suit, Says Med Mal Law Covers It

    A Texas appeals court has dismissed a woman’s suit alleging that a plastic surgeon failed to perform all of the procedures he promised as part of a breast reduction and armpit-area liposuction, finding that such a suit fell under medical malpractice requirements she failed to meet.

  • August 17, 2017

    Fitbit Says Uber’s 2nd Circ. Win Impacts Fitness Tracker Row

    Fitbit told a California federal judge Thursday that a Second Circuit ruling in favor of Uber concerning its ability to arbitrate consumer claims is relevant to its own bid to compel arbitration in a lawsuit by users of the fitness trackers claiming the devices are “wildly inaccurate.”

  • August 17, 2017

    US Bank Dodges Proposed Class Action Over Pay

    An Ohio federal judge shut down a proposed class action bringing breach of contract claims against U.S. Bank for allegedly underpaying nonexempt workers, ruling Thursday that the plaintiff didn’t provide definite proof he had a binding employment contract with the financial institution.

  • August 17, 2017

    Core Of Pa. Valuation Co.'s Trade Secret Suit Advances

    A Pennsylvania federal judge ruled Thursday that the core of a Philadelphia-based business valuation company’s trade secrets and poaching suit against five former employees and a rival can move forward, saying it was too early to reach any conclusions about the employment agreements in question.

  • August 17, 2017

    3rd Circ. Revives Exotic Dancer's Wage Suit

    The Third Circuit on Thursday revived a putative collective and class action alleging a New Jersey adult nightclub underpaid an exotic dancer, issuing a precedential ruling clarifying that statutory claims fall outside of arbitration agreements unless the clauses specifically mention them.

  • August 17, 2017

    Icelandic Co. Owes $4.4M In Suit Over Egg Carton Machine

    A Minnesota federal judge on Wednesday granted LEI Packaging LLC’s renewed bid to force an Icelandic engineering company to pay roughly $4.4 million for producing a defective egg carton-making machine, saying that the time is right after one company involved in the device's creation agreed to arbitration and another was dropped from the dispute.

  • August 17, 2017

    SolarCity Must Face Cogenra's Unfair Competition Suit

    Elon Musk's solar power company SolarCity Corp. can't escape a competitor’s unfair and unlawful competition suit alleging it stole trade secrets after breaking a promise to partner because it’s plausible Cogenra Solar Inc. relied on that promise when it turned down offers from other interested parties, a California federal judge said on Wednesday.

  • August 17, 2017

    FTC Pushes To Protect Informants In Qualcomm Antitrust Suit

    The Federal Trade Commission on Wednesday provided a California federal judge with a privilege log in support of the agency’s argument that it shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, as well as a supplemental letter from the European Commission director-general for competition.

  • August 17, 2017

    Portland Timbers Sued Over Broker’s Revoked Season Tickets

    Major League Soccer’s Portland Timbers are facing a lawsuit in Washington federal court from a ticket broker alleging the team illegally revoked his ownership interest and renewal rights for more than 100 season ticket packages for games at the Timbers’ home stadium.

  • August 17, 2017

    Uber Scores 2nd Circ. Win In Price-Fix Arbitration Dispute

    The Second Circuit on Thursday threw out a decision by U.S. District Judge Jed S. Rakoff that Uber could not force a customer to arbitrate price-fixing accusations against the company, saying rider Spencer Meyer was given adequate notice of Uber's terms when he signed up for the ride-sharing service.

  • August 16, 2017

    Bank Wants Defunct Airplane Co.'s $23.3M Hoard Doled Out

    Lenders to a defunct aircraft leasing company have urged a New York federal judge to make it distribute the last $23.3 million it has on hand to its bondholders, saying the Airplanes Group’s directors have set aside money for “everything but paying their debts.”

  • August 16, 2017

    Cox Castle Shakes $15M Suit Over Failed Real Estate Deal

    Cox Castle Nicholson LLP escaped a $15 million professional negligence suit over a failed real estate deal when its ex-client gave up after three years of litigation and at least one phase of trial, according to a California court judgment.

  • August 16, 2017

    Judge Affirms Feds' $15M Infusion Into GM Litigation Trust

    Old GM's unsecured creditors were right to accept a $15 million loan from Uncle Sam to pursue a $1.5 billion avoidance action over a prebankruptcy loan that was left unsecured thanks to a paralegal's mistake, a New York federal court said as it overruled one creditor's objection to the agreement.

  • August 16, 2017

    Jurisdiction Woes May Sink Time-Share Co. Suit Against Atty

    A Florida federal court dismissed a suit by time-share company Westgate Resorts Ltd. accusing a law firm of fraudulently inducing time-share owners to stop making payments on their contracts, ruling Wednesday that the company failed to provide enough information for the judge to decide if the case even belongs in federal court.

  • August 16, 2017

    American Airlines Must Face Flight Attendants' Benefits Suit

    An Illinois federal judge said Wednesday that American Airlines must face a proposed class action alleging it wrongfully downgraded former flight attendants’ travel benefits, saying there’s enough meat on their breach of contract and other claims to move forward in the litigation.

  • August 16, 2017

    Chinese Co. Must Turn Over US Assets, Calif. Court Hears

    A Los Angeles man asked a California federal court Tuesday to let him go after a Chinese bioengineering firm’s shares in a Golden State-based company, saying they are the firm’s only U.S. assets, which could go toward an arbitral award of over 34.5 million renminbi ($5 million).

  • August 16, 2017

    Statoil, Chief Counsel Get Ex-Exec's Sanction Bid Nixed

    A Texas federal judge on Wednesday rejected a bid from a former Statoil unit's chief technology officer to sanction the company and its chief counsel, one day after the ex-executive alleged there was an unethical agreement in place to pay a corporate representative $250 an hour for her “favorable” testimony.

  • August 16, 2017

    6th Circ. Backs Hemlock’s $793M Win In Supply Contract Row

    A Sixth Circuit panel on Wednesday upheld Hemlock Semiconductor Corp.’s $793 million damages win and a $3.5 million attorneys' fees award in a supply contract dispute with a SolarWorld unit, rejecting the argument that a lower court shouldn’t have struck SolarWorld’s defense that the agreements the companies had were illegal.

  • August 16, 2017

    $400M Petrobras Row Must Be Arbitrated: Marine Chain Co.

    A Spanish marine chain manufacturer urged a Texas federal court on Tuesday to pause for arbitration a $400 million lawsuit initiated by Petrobras America Inc. and its insurers over an allegedly defective component in Petrobras’ offshore oil and gas operations, saying things have changed since the court refused a similar bid.

  • August 16, 2017

    Studio Bankruptcy Ruling 'Haunts' Deal, Netflix Tells 2nd Circ.

    Netflix asked the Second Circuit on Wednesday to reverse a ruling that protected formerly bankrupt movie company Relativity Media in a dispute over the online streaming of two movies before their theatrical run, saying the decision was a "shadow" that would "haunt" all other disputes during the years left on the multimovie deal.

Expert Analysis

  • From Bills Of Lading To Blockchain Structures: Part 1

    Christopher McDermott

    A bill of lading is an old form of legal document, but now technological change — in particular, the emergence of blockchain technology — is raising new questions about the future of this instrument. The challenge is to fit new blockchain structures into legal concepts that evolved for traditional bills of lading, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Be Prepared For Maritime Incidents

    Christopher Nolan

    Booming waterborne trade has led to more complicated logistics chains. A patchwork of understandings, partnerships and daily practices between maritime shipping interests can lead to legal ambiguity. It is vital to review corporate documentation process and policies before disaster strikes, say Christopher Nolan and Blythe Daly of Holland & Knight LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Clearing Up Franchise Distribution Agreements At 6th Circ.

    Gayle Littleton

    With its recent decision in Southern Glazer’s Distributors of Ohio v. Great Lakes Brewing, the Sixth Circuit made clear that despite various restrictions imposed by the Ohio Alcoholic Beverages Franchise Act, manufacturers and distributors are generally free to enter into franchise distribution agreements that require manufacturer consent to sale of the distributor’s business, say attorneys with Jenner & Block LLP.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Even An Unsigned Email Can Be A Legally Binding Contract

    Jonathan Jaffe

    A Texas appeals court recently held that an email exchange constituted a signed legally enforceable contract. The ruling is a reminder that parties negotiating contracts in email should generally avoid making unconditional statements, and classic contractual terms such as “offer,” “acceptance” and “agreement” should be used with care, say attorneys with Mayer Brown LLP.

  • The Working Capital Adjustment Dispute That Never Was

    Brian Lamb

    In Chicago Bridge & Iron v. Westinghouse Electric, the Delaware Supreme Court held rather decisively that a buyer could not avoid a liability bar by couching its concerns over historical financial statements as a working capital adjustment dispute. It is possible, however, to draft language that would lead to a different result than the one in this case, say Brian Lamb and Anthony Rospert of Thompson Hine LLP.