Commercial Contracts

  • June 22, 2017

    Insurer Decries 'Shenanigans' In Lloyd's Arbitration Bid

    A U.S. insurer asked a Massachusetts federal judge on Wednesday not to force it to accept an umpire proposed by certain underwriters at Lloyd's, London, in arbitration aimed at resolving a dispute over the allocation of an underlying pollution claim, decrying "shenanigans" in the appointment process.

  • June 22, 2017

    Ericsson Hit With NJ Developer's Suit Over $15M Contract

    A New Jersey real estate developer sued Ericsson in federal court Wednesday over the company’s alleged refusal to allow the developer to bring its own environmental inspector to look at the property before fully closing on the $15 million sale.

  • June 22, 2017

    Deutsche Defends Loan Sample In $306M Mortgage Trust Suit

    A Deutsche Bank unit fired back Thursday at a Morgan Stanley subsidiary’s bid for a quick win against a $306 million contract suit over a residential mortgage trust, saying there is nothing wrong with using sampling to identify defective loans among more than 4,000 Deutsche Bank oversaw as trustee.

  • June 22, 2017

    AstraZeneca Affiliate Hit With $275M Merger Payment Suit

    Agents for the former shareholders of a pharmaceutical company acquired by an affiliate of AstraZeneca PLC filed suit Thursday in Delaware state court seeking the payment of $275 million they allege is owed from the 2013 merger of the two companies.

  • June 22, 2017

    Brazilian Reinsurer Must Cough Up $5M, Insurer Says

    The National Indemnity Co. doubled down on its bid for $5 million from a Brazilian reinsurer so it can pay a settlement it reached with a steel maker in a related dispute, telling a New York federal court Wednesday the reinsurer is obligated to pay it under an arbitration award.

  • June 22, 2017

    Feds Say Travelers Owes $2.4M For Texas A&M Buildings

    The U.S. filed suit in Texas federal court Thursday against Travelers Casualty and Surety Co. of America on behalf of HCBeck Ltd., a contractor that's seeking to collect $2.4 million for unpaid work on two biomedical research facilities.

  • June 22, 2017

    PGA Tour Asks Judge To Rethink Sustaining Antler Spray Suit

    The PGA Tour on Wednesday urged a New York state judge to rehear its arguments that a lawsuit by professional golfer Vijay Singh over a suspension for using a purportedly illicit, deer-antler-derived spray should not go to trial, arguing that Singh has not actually raised any admissible evidence to show the suspension caused him a specific harm.

  • June 22, 2017

    2nd Circ. Tosses TCPA Suit Against Auto Financial Co.

    The Second Circuit on Thursday affirmed the dismissal of a putative class action accusing Lincoln Automotive Financial Services of violating the Telephone Consumer Protection Act, saying the man suing the company consented to receive calls when he signed his car lease.

  • June 22, 2017

    Navajo Council To Weigh Keeping Ariz. Coal Plant Open

    The Navajo Nation Council will consider legislation next week that would permit the coal-fired Navajo Generating Station in Arizona to remain open through 2019, a move that comes after the group voted to table the measure and scope out whether the facility’s owners would be open to some amendments.

  • June 22, 2017

    Goya Insurer Slaps Spice Co. With NJ Suit Over Food Recall

    An insurer for Goya Foods Inc. has sued a spice company in New Jersey state court for allegedly providing one of the food giant’s suppliers with cumin contaminated with peanut protein, which ultimately led to food products being recalled and $2.6 million in damage.

  • June 22, 2017

    Fact Issues Keep Claims Alive In $310M Drilling Asset Sale

    A Colorado federal judge on Wednesday decided that there were enough questions of fact to deny summary judgment in a case in which two oil companies are accusing Newfield Production Co. of breaking a confidentiality agreement and antitrust laws in the run-up to an auction for their assets.

  • June 22, 2017

    Pa. Appeals Court Won't Revive Suit Over Bum Super Bowl Tix

    A Pennsylvania appeals court agreed Wednesday that a group of Super Bowl XLV ticket holders who were left without seats to the big game should not have been allowed to amend their complaint against the National Football League to include contract, rather than tort-based, claims.

  • June 22, 2017

    Calif. Appeals Court Orders Damages Redo In Water Rate Row

    A California appellate court on Wednesday said the Metropolitan Water District of Southern California can’t tack a rate designed to fund water conservation programs onto the rate it charges the San Diego County Water Authority for transporting water, saying a lower court has to recalculate damages awarded to the water authority.

  • June 22, 2017

    Magellan Sues Enterprise For $50M Over Oil Shipping Deal

    A unit of Magellan Midstream Partners LP claims in a Texas state court suit that an Enterprise Products Partners LP affiliate owes it at least $50 million after breaching a crude oil shipping agreement by using its own pipelines for oil produced from the Eagle Ford Shale.

  • June 22, 2017

    No Indemnity For Shell Drilling Unit Damages, 5th Circ. Says

    The Fifth Circuit on Wednesday affirmed part of a lower court’s ruling in a case on the aftermath of an accident in the Gulf of Mexico that damaged a mooring line on a Royal Dutch Shell PLC subsidiary's drilling unit, finding that two third-party companies are not required to indemnify the two companies found liable for the accident.

  • June 21, 2017

    Sheppard Mullin Beats Fraud Claims Over $8.5M Judgment

    A California appellate panel on Tuesday tossed a fraud case against Sheppard Mullin Richter & Hampton LLP accusing the firm of helping a client shirk an $8.5 million judgment in what the court described as a “legal saga” dating back to 2004.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Whataburger Gets Partial Win In Row Over Franchising Deal

    A state appeals court on Wednesday ruled partly in favor of a South Texas Whataburger franchise in a dispute over interpretation of a 1993 settlement reached when the company bought 28 of the franchisee's locations in exchange for future development rights.

  • June 21, 2017

    Whistleblowers, MDL Plaintiffs Object To $32M SunEd Deal

    Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.

  • June 21, 2017

    Malaysian Co. Counsel Loses Fee Bid After Post-Award Deal

    Although a secret settlement between a Malaysian recycling company and a scrap metal dealer cheated the Malaysian company’s counsel out of its fees tied to an arbitration award, a Texas federal judge found Tuesday that he lacked jurisdiction to rule on the counsel’s claims for payment.

Expert Analysis

  • Restrictive Covenants: Looking Beyond The Criticism

    Richard Schoenstein

    Noncompete provisions and other restrictive covenants have been harshly criticized in the press in recent months. But the truth about these types of agreements is much more nuanced and complex than typically portrayed, say Richard Schoenstein and David Kleinmann of Tarter Krinsky & Drogin LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Current State Of 'Class Arbitration' Law

    Gilbert Samberg

    Thus far the U.S. Supreme Court has addressed only a few issues concerning “class arbitration." Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC examines several elements of the current law, muddled as it is.

  • 1 Year After Ambac: Sharing Information Among Deal Parties

    Daniel Halston

    Despite all the attention Ambac v. Countrywide has received in the legal press, so far it has not sparked a trend outside of New York toward a narrower application of the common interest doctrine. But one year after the court’s decision, one thing remains clear: parties should proceed with caution before sharing privileged information with an opposing party in a transaction, say attorneys with WilmerHale.

  • Navigating NBA's New CBA During Misconduct Investigations

    Jeffrey Monhait

    Although the investigatory and disciplinary measures in the new collective bargaining agreement between the NBA and the NBA Players Association are largely unchanged from the 2011 CBA, the start of a new agreement presents an opportunity to review the powers of both the teams and the league in order to assist players and their representatives in navigating this process, say Jeffrey Monhait and Stephen Miller of Cozen O'Connor PC.

  • Unwritten Settlement Terms May Still Be Enforceable

    Angela Whittaker-Pion

    Once parties in a civil case agree on a monetary amount in exchange for a release of claims, a settlement is considered effective. But in between agreeing on the amount and finalizing all the terms of the settlement, parties must take care not to end up with terms that are not to their liking, say Angela Whittaker-Pion and Lynn Schlie of Miles & Stockbridge PC.

  • Defining OFAC Property Interests Beyond The 50% Rule

    Sean Kane

    The fact that a company is not a "specially designated national" according to the Office of Foreign Assets Control — nor 50 percent or more owned by an SDN — does not remove the possibility of blockable property interests. As with all things in the complex world of sanctions, risks abound, say Sean Kane and Joseph Schoorl of Hughes Hubbard & Reed LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • A Slice Of MFN With That Incremental Loan

    Daniel Winick

    With ever expanding bargaining leverage, borrowers are negotiating creative ways to minimize "most-favored nation" provisions and related incremental loan protections. Clifford Chance LLP attorneys Daniel Winick and Andrew Young discuss some of the key MFN exceptions borrowers have been pursuing of late.