Commercial Contracts

  • December 7, 2017

    Pa. Appeals Court Revives Medical Practice Ownership Fight

    In a decision interpreting the state statute governing limited liability companies, a Pennsylvania appeals court issued a published opinion Thursday finding that the majority owners of a defunct ophthalmology practice owed a duty to minority owners as they pursued a deal to sell the business.

  • December 7, 2017

    Third Federal Judge Exits Tribe's Dispute With Ex-Worker

    A Utah federal judge recused herself Wednesday from hearing the Ute Indian Tribe’s action looking to prevent a former employee of the tribe’s energy and minerals department from pursuing an underlying contract dispute in state court, becoming the third jurist to bow out of the federal suit since it was filed last year.

  • December 7, 2017

    Georgia-Pacific Breached $1.9M Sale Deal, 1st Circ. Told

    A Massachusetts federal court was wrong to dismiss a lawsuit accusing Georgia-Pacific LLC of breaching an agreement to sell 88 railroad cars to a Massachusetts real estate company for $1.9 million, the real estate company told the First Circuit on Wednesday.

  • December 7, 2017

    Investors Blast BNY Mellon Bid To Sever Claims In RMBS Suit

    Investors suing the Bank of New York Mellon over its alleged failures as trustee for a slew of residential mortgage-backed securities trusts have told a New York federal judge that it’s not necessary to split off their claims related to one particular trust for which the bank acted not as trustee but as master servicer.

  • December 7, 2017

    Cypriot Real Estate Co. Awarded Rights To Kiev Shopping Mall

    A Cypriot company that runs several shopping centers in Ukraine said Thursday that a London court has rejected challenges to its rights in a Kiev mall, settling a yearslong dispute over the shopping center’s rightful ownership.

  • December 7, 2017

    Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

    Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.

  • December 7, 2017

    SM Energy Seeks Reopening Of Boomerang Tube Ch.11 Case

    Oil and gas company SM Energy Co. on Wednesday asked a Delaware bankruptcy court to reopen the Chapter 11 case of pipeline manufacturer Boomerang Tube LLC, in order to modify the plan’s discharge injunction so SM Energy can sue Boomerang over busted piping that cost it $9 million.

  • December 7, 2017

    GreenStar Demands Full $21M Appeal Bond From Tutor Perini

    Interest holders in GreenStar Services Corp. on Wednesday opposed a motion from buyer Tutor Perini Corp. to stay payment of a $21 million judgment pending its appeal of a suit in Delaware Chancery Court over unpaid earnout compensation, saying Tutor Perini must provide a surety bond for the full amount.

  • December 6, 2017

    Bank Tells 11th Circ. Irrelevant Evidence Backed $3M Ruling

    One of Guatemala's largest banks urged the Eleventh Circuit on Wednesday to reverse a $3.3 million jury verdict a Miami-based corporate finance advisory firm won against it for reneging on contract fees, saying the trial court's judgment was based on irrelevant evidence it should have excluded.

  • December 6, 2017

    Chinese Firm Buys Part Of High-Rise In Newark's Downtown

    Several floors of a Newark, New Jersey, commercial high-rise that’s home to Seton Hall University School of Law have been purchased by Chinese developer Beijing Ideal Group Co. Ltd., marking a transaction that real estate investment firm Jones Lang LaSalle Inc. said Tuesday is indicative of growing investment in the city’s thriving business and cultural mecca.

  • December 6, 2017

    Del. Justices Urged To Remand S. China Livestock Case

    A Chancery Court judge neglected the “law of the case” in a summary ruling that tossed claims against the former executive of a failed and allegedly plundered Chinese livestock company, an attorney for the company’s receiver told Delaware’s Supreme Court on Wednesday.

  • December 6, 2017

    Dried Fruit Co. Found To Have No Agreement To Arbitrate Suit

    A Dutch food-processing equipment maker can't arbitrate claims against an Oregon dried fruit producer before the International Chamber of Commerce in a lawsuit over an allegedly faulty machine for drying blueberries, an Oregon federal court ruled on Tuesday, saying the parties had no agreement to arbitrate contract disputes.

  • December 6, 2017

    Shell Unit Broke Pact To Take Oil After Spill, Suit Says

    A Royal Dutch Shell PLC affiliate was hit with a lawsuit in Texas court Tuesday accusing it of breaching an agreement to accept crude oil deliveries from an All American Oil & Gas Inc. subsidiary following a pipeline rupture that spilled about 20,000 gallons of oil in California.

  • December 6, 2017

    Fed. Circ. Questions $133M ‘Taking’ Of Dallas Air Terminal

    A Federal Circuit panel on Wednesday had tough questions for both the government and particularly the leaseholders of a demolished Dallas airport terminal that won a $133.5 million judgment over the terminal’s closure, with at least one judge wondering how a “taking” could have occurred.

  • December 6, 2017

    Morgan Lewis Says Ex-Client Suing For $30M Waived Conflicts

    Morgan Lewis & Bockius LLP argued in a filing docketed Tuesday that a former client suing the firm in Pennsylvania state court for $30 million over an alleged betrayal had twice waived any conflicts stemming from the firm’s representation of potential adversaries.

  • December 5, 2017

    Boeing Owes $11M Attys' Fees In Contract Dispute

    A Delaware state court on Tuesday awarded Spirit AeroSystems Inc. more than $11 million in attorneys’ fees from Boeing after the aircraft component manufacturer prevailed in a dispute over whether it had assumed responsibility for retiree benefits as part of a 2005 asset purchase agreement, saying the fee request was reasonable and properly supported.

  • December 5, 2017

    Calif. Statute Of Limitations Sinks Deutsche Bank RBMS Suits

    A New York state appeals court has sunk two suits brought by Deutsche Bank National Trust Co. over thousands of allegedly defective loans in two residential mortgage-backed securities trusts it oversees as trustee, concluding Tuesday that its remaining breach-of-contract claims against Barclays PLC and HSBC were brought too late under its home state’s statute of limitations.

  • December 5, 2017

    Texas Justices Hear Murphy Satisfied Offset Well Requirement

    Counsel for a Murphy Oil Corp. subsidiary told the Texas Supreme Court in oral arguments Tuesday that an “offset well” clause in a pair of Eagle Ford Shale leases only required it to drill a test well, not to protect the oil and gas underlying the property in question from drainage.

  • December 5, 2017

    4 Mistakes To Avoid When Drafting Int'l Arbitration Clauses

    Drafting a watertight arbitration clause may not be a top priority for lawyers scrambling to put together a multimillion-dollar merger or infrastructure project, but failing to do so can cause numerous headaches down the road. Here, arbitration experts share with Law360 some common mistakes and how to avoid them.

  • December 5, 2017

    Honeywell Unit Says Beazley Must Cover Refining Tech Row

    A unit of industrial giant Honeywell International Inc. hit Beazley Insurance Co. with a suit in Connecticut federal court Monday demanding coverage for an underlying lawsuit over problems with refining technology licensed to a Saudi Arabian chemicals company.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Idea Theft And Free Speech: A 9th Circ. Victory For Writers

    Glen Kulik

    The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.

  • Reasonable-Royalty Lessons From Prism V. Sprint

    Karen Romrell

    The U.S. Supreme Court recently declined to take up Sprint’s appeal, upholding Prism’s patent damages award. Here, Karen Romrell of Hampton IP & Economic Consultants LLC discusses various aspects of prior licenses and settlement agreements as set forth in Prism v. Sprint, along with other court decisions, to assist damage experts in determining a reasonable royalty.

  • ICSID Continues To See Strong Treaty Arbitration Growth

    Anna Biasiolo

    According to its 2017 annual report, the International Centre for Settlement of Investment Disputes has administered more than 70 percent of all known international investment proceedings. Competition from other venues is clearly not affecting ICSID’s position as the world leader in investor-state dispute settlement, says Anna Biasiolo of BonelliErede.

  • Roundup

    Judging A Book

    Locking Up Our Own

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.