Commercial Contracts

  • February 15, 2018

    Chancery OKs TransPerfect Buyout By Shawe

    A Delaware Chancery judge on Thursday approved the $770 million sale of legal translation firm TransPerfect to Philip Shawe, rejecting his co-founder and bitter rival Elizabeth Elting’s opposition and ruling there was no indication the court-appointed custodian overseeing the process exercised poor judgment or wasn’t impartial.

  • February 15, 2018

    $380M Trade Secrets Claim Against Avaya Gets Pushback

    SAE Power Inc. faced an uphill battle Thursday as it tried to convince a New York bankruptcy court that its trade secrets claim against bankrupt Avaya Inc. should be valued at $380 million, rather than the $1 million or so Avaya says it’s worth.

  • February 15, 2018

    Russian Arbitral Award OK'd Against No-Show Pharma Biz

    A New York federal judge on Wednesday sided with a magistrate judge’s recommendation to confirm a nearly $466,000 Russian arbitral award against a defunct Long Island pharmaceutical company that failed to appear in the arbitration and the subsequent litigation, finding no error.

  • February 15, 2018

    Uber Accused Of Forum-Shopping In $19M Ad Contract Case

    Uber Technologies Inc. on Thursday asked a California federal judge to nix mobile advertiser Fetch Media Ltd.’s contract suit alleging that the ride-hailing giant owes $19 million in unpaid bills, saying an existing state court suit covers the same ground, but Fetch countered by saying that Uber is forum-shopping.

  • February 15, 2018

    Daddy Yankee Dodges $1.7M Attys' Fees In Defamation Row

    The Eleventh Circuit backed a lower court's decision Wednesday to deny a bid for $1.7 million in attorneys' fees from a concert promoter who won his defamation suit against Daddy Yankee, ruling that though the reggaeton superstar rejected a pretrial offer to settle, he should not have to pay for the concert promoter's costs.

  • February 15, 2018

    Costa Rican Condo Developer Seeks To Toss $1.6M Award

    A Costa Rican real estate developer urged an Arizona federal court Wednesday not to confirm a nearly $1.6 million arbitration award against it and a majority shareholder in a luxury condo project, saying the court lacks jurisdiction to do so because Costa Rica’s supreme court set the award aside.

  • February 15, 2018

    Arbitrators Toss Bulk Of Swedish Co.'s $113M Royalties Case

    International arbitrators have ordered a Swedish networking technology company to pay some $1.6 million in legal fees to a major customer after mostly dismissing its $900 million Swedish krona ($113 million) arbitration case over unpaid royalties, the company said recently. 

  • February 15, 2018

    Houston Homeowners Can't Revive Flood Negligence Suit

    Houston-area homeowners can’t revive their suit blaming the operator of a wastewater pumping facility for flooding to their homes, a Texas appellate court held Thursday, saying the homeowners hadn’t offered any facts that could demonstrate the operator negligently oversaw wastewater infrastructure in their neighborhood. 

  • February 15, 2018

    Mining Co. Wants $6.9M Award Confirmed After No-Show

    A Liberian mining company urged a Virginia federal court on Wednesday to enter a default judgment confirming a $6.9 million arbitral award issued in a dispute over an earthworks project at a gold mine, arguing that the other company never responded to court proceedings.

  • February 15, 2018

    Forfeited $10M Deposit Not Capital Gain, 11th Circ. Says

    A Florida-based hotel management company cannot treat a forfeited deposit of almost $10 million on a hotel sale as a capital gain, the Eleventh Circuit said Thursday in a case of first impression.

  • February 15, 2018

    Hedge Fund Owner Convicted Of $4M Fraud, Lavish Spending

    A hedge fund owner was found guilty Thursday in New Jersey federal court of defrauding two investors out of about $4 million and spending most of those funds on what prosecutors said was a lavish lifestyle that included a $1 million home and a roughly $100,000 diamond ring.

  • February 15, 2018

    Chinese Firm, Ashurst Team Up In Shanghai Free Trade Zone

    Chinese law firm Guantao and international law firm Ashurst have teamed up to launch a joint operation office in Shanghai's pilot free trade zone, the two firms announced last week.

  • February 15, 2018

    Judge Blasts Tilton Removal As 'Objectively Unreasonable'

    A Delaware federal magistrate judge on Wednesday called for a suit brought by three investment funds against their former manager Lynn Tilton to be returned to state court, saying that Tilton's bid to rope in a national bank so federal courts would have jurisdiction was “objectively unreasonable.”

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    Tobacco Co. Merits Win In Transfer Fraud Row, Judge Advises

    A magistrate judge recommended Tuesday that a federal court find in favor of a Florida tobacco company on its claim that a cigarette manufacturer fraudulently transferred assets to a related company to avoid paying a multimillion-dollar judgment, finding a check sent by the defendants does not render the issue moot.

  • February 14, 2018

    Arbitrator Chided For Ignoring Mexican Court In Mining Row

    A Colorado arbitrator was “well outside his authority” when he proceeded with arbitration involving two DynaResource entities and Canada's Goldgroup, whose $400,000 award should be thrown out, a federal magistrate judge found Tuesday in the companies' long-running dispute over a gold mining project.

  • February 14, 2018

    Timeshare Exit Firms Deny Diamond’s Breach Allegations

    A group of third-party timeshare exit businesses that allegedly conspired to interfere with timeshare giant Diamond Resorts International Inc.’s contracts on Tuesday denied that they have systematically attempted to break Diamond’s contracts by promising consumers legal services they don’t deliver, Tennessee federal court filings show.

  • February 14, 2018

    Orthodontist Says Supply Co. Can't Keep Stalling €3.9M Award

    A French orthodontist blasted an orthodontic supply manufacturer’s request for more time to respond to a petition to confirm an arbitration award of €3.9 million ($4.9 million) plus fees, costs and interest stemming from their failed relationship, telling a Wisconsin federal court Tuesday that the company has repeatedly sought to avoid paying.

  • February 14, 2018

    TD Bank Dodges Repayment Bid Over NJ Atty's Check Fraud

    A Pennsylvania appeals court on Wednesday refused to revive claims aimed at forcing TD Bank to pay back Levy Baldante Finney & Rubenstein PC after a former partner fraudulently endorsed and cashed a string of checks totaling more than a quarter million dollars.

  • February 14, 2018

    Disney Sued Again Over Allegedly Ripping Off 'Zootopia'

    A production company whose copyright feud over The Walt Disney Co.'s film "Zootopia” was tossed by a California federal judge last year has hit the media giant with a contract suit in state court, claiming Disney breached an implied contract by allegedly stealing its story to create the animated hit.

Expert Analysis

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Approaching Restaurant Leases As A Tenant: Part 2

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP in the final part of this article.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • The Allure And Pitfalls Of Earnouts: Part 2

    Gail Weinstein

    Given the prevalence of earnout disputes in M&A, a dispute resolution mechanism that deters litigation should be included in the acquisition agreement. The Delaware courts will not intervene in post-closing disputes, including over earnout payments, when an agreement provides a mechanism for an alternative dispute resolution, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • An Expansive View Of Noncompetes At Wis. High Court

    Robert Duda Jr.

    With its recent decision in Manitowoc Company v. Lanning, the Wisconsin Supreme Court has delivered a clear message to employers that all manner of competition restrictions may be subject to close scrutiny and analyzed the same as a traditional noncompete, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Approaching Restaurant Leases As A Tenant: Part 1

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP.