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Commercial Contracts

  • December 14, 2018

    Naftogaz Can Get BNY Mellon Info For $2.56B Award Suits

    A New York federal judge has signed off on a request by Ukraine's Naftogaz to seek information from the Bank of New York Mellon that the national oil and gas company said it needs for pending and planned proceedings regarding a $2.56 billion arbitral award against Russia's Gazprom stemming from a contract dispute.

  • December 14, 2018

    Door Makers Hit With Another Price-Fixing Suit

    Door maker Jeld-Wen Inc.’s legal woes have expanded further with a new proposed antitrust class action against the company and its peer filed in Virginia federal court, this time from indirect door purchasers alleging a price-fixing conspiracy that forced higher prices on buyers.

  • December 14, 2018

    HKIAC Appoints Chief Representative For Korea Office

    The Hong Kong International Arbitration Centre has appointed a former Allen & Overy LLP attorney as the chief representative of its Korea office, the organization announced.

  • December 13, 2018

    Vereit Insurers Must Cover SEC Probe, Class Action Costs

    A Delaware state court judge has ruled real estate trust Vereit Inc.'s insurers must cover the costs the company's investment manager incurred defending against an investor class action and a U.S. Securities and Exchange Commission probe aimed at both companies.

  • December 13, 2018

    Biotech Co. On Hook For $3.6M Int'l Arb. Judgment, Court Told

    A trading firm asked a New York federal court on Tuesday to enforce a $3.6 million international arbitration judgment against a biotechnology company that reneged on a financial arrangement.

  • December 13, 2018

    MiMedx Dodges Rival's $6.8M Trade Secret, Breach Suit

    A Maryland federal judge has tossed claims brought by regenerative medicine company Osiris Therapeutics Inc. that its rival MiMedx Group Inc. breached a contract and stole trade secrets when the company acquired Osiris’ former distributor, holding that the court lacked jurisdiction to hear the lawsuit.

  • December 13, 2018

    China's 'Steve Jobs' Risks Losing Calif. Property Over Loan

    Chinese tech magnate Jia Yueting could have more than $11 million of his U.S. properties seized after a Shanghai-based company asked a California federal court to enforce the decision of a Beijing arbitration committee that ordered Jia to make good on a multimillion-dollar loan.

  • December 13, 2018

    8th Circ. Won't Revive ND Landowners' Pipeline Fraud Suit

    The Eighth Circuit on Thursday upheld a district court’s decision to toss a suit by North Dakota landowners claiming Dakota Access LLC made misrepresentations to them while negotiating easements for its pipeline, agreeing with the lower court that the landowners hadn’t met the heightened pleading standard for fraud claims.

  • December 13, 2018

    British Court Upholds Operation Car Wash Scandal Fee Award

    A British judge on Thursday upheld arbitration awards forcing a Brazilian entity whose owner was convicted of bribery in connection with the Operation Car Wash scandal to return consulting fees paid by a Marshall Islands drilling contractor whose business relationships imploded as a result of the scheme.

  • December 13, 2018

    Engineering Firm Hit With $21M Suit Over Terminal Project

    A company formed as a partnership between Kinder Morgan Energy Partners LP and Watco Companies LLC to get into the crude shipping business has filed a lawsuit in Texas state court, seeking more than $21 million in damages stemming from the allegedly faulty design and construction of a crude-by-rail terminal.

  • December 13, 2018

    Airline Seat Trial Jury Quit Too Fast, Sabre Tells 2nd Circ.

    Jurors who awarded US Airways $15 million after finding that trip-planner Sabre Inc. restrained trade by forcing unfavorable contract terms on the airline wanted to go home after an eight-week trial and gave short shrift to a key question about market definition, a lawyer for the losing side told the Second Circuit on Thursday.

  • December 13, 2018

    Locke Lord Accused Of Missing Health Plan's ERISA Liability

    The independent fiduciary for a failed health benefits plan accused Locke Lord LLP in a complaint filed in Illinois federal court of providing faulty legal advice that ultimately helped to spell the plan’s doom.

  • December 12, 2018

    Mercedes-Benz Can Remand Antitrust Row Against Shippers

    A New Jersey federal judge Wednesday approved Mercedes-Benz USA LLC’s bid to remand to state court its antitrust suit alleging international shipping companies conspired to fix prices, rejecting their stance that the Shipping Act provided for federal jurisdiction since that statute does not allow such claims to be originally filed in federal court.

  • December 12, 2018

    8th Circ. Won't Revive Express Scripts Breach, Antitrust Suit

    The Eighth Circuit on Wednesday summarily shot down a New York pharmacy’s bid to revive its breach of contract and antitrust suit against Express Scripts Holding Co.

  • December 12, 2018

    It's Too Early To Say Doc Is Dodging Fees, Fla. Court Tells Atty

    A Florida appeals court on Wednesday dismissed the appeal of a trial court order ending an attorney’s claims against his former client, a Miami-area chiropractor, whom the attorney claims settled on his own with an insurer to circumvent the lawyer’s right to fees.

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    Ex-NFLer Fights 'Frivolous' Sanctions Bid In Home Build Suit

    A former New England Patriots linebacker urged a Massachusetts federal court Tuesday to ditch a bid for sanctions against him and his wife by a company accused of failing to build his dream house, saying the motion is a "frivolous" attempt to block testimony from key players in the breach-of-contract and copyright case.

  • December 12, 2018

    La. Shipyard Labor Contractors Fined In Employment Bias Suit

    A pair of Louisiana shipyard labor contractors were slapped with an $857,868 civil penalty for discriminating based on citizenship in their employment practices, the U.S. Department of Justice said on Tuesday.

  • December 11, 2018

    ZeniMax, Oculus End Appeals Of $304M IP Judgment

    ZeniMax Media Inc. and Oculus VR LLC announced Monday they settled their cross-appeals in the Fifth Circuit stemming from disputes that led to a final judgment of $304 million in favor of ZeniMax after a jury found that Facebook-owned Oculus infringed its virtual reality intellectual property.

  • December 11, 2018

    Barclays Prevails In Hedge Fund's Breach-Of-Contract Suit

    More than a year after taking the matter up in a bench trial, a Manhattan judge has found in favor of Barclays PLC in a decade-old suit brought by a unit of hedge fund Black Diamond Capital Management LLC over whether the bank defaulted on a derivatives contract in the height of the 2008 financial crisis.

Expert Analysis

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Key Choices For Investors Under New Partnership Audit Rules

    Brad Wagner

    For 2018 returns, partnership tax audit adjustments will be assessed at the partnership — not the partner — level, causing a potentially inequitable result in the typical foreign blocker structure. The IRS has issued favorable, albeit complex, regulations to address this scenario, says Brad Wagner of Wagner Duys & Wood LLP.

  • Negotiating Access To Neighboring Properties In NYC

    Jeffrey Reich

    Due to the requirements of state law and properties' close proximity to one another, the need for well thought-out agreements providing license to access adjoining properties is the rule — not the exception — in New York City, says Jeffrey Reich of Schwartz Sladkus Reich Greenberg Atlas LLP.

  • Drafting Effective Joint Bidding Agreements For PE Funds

    Sawyer Duncan

    Club deals involving one or more private equity funds are becoming increasingly popular across the market. Failure to consider the numerous unique mechanics of such deals can dramatically inhibit investors’ ability to realize value, says Sawyer Duncan of King & Spalding LLP.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • 2nd Circ. Opines On Variable Prepaid Forward Contract Gains

    Lawrence Hill

    Reversing the U.S. Tax Court, the Second Circuit recently found that the late Monster.com founder’s estate potentially owed $41 million in taxes for variable prepaid forward contract extensions and remanded calculation to the Tax Court. Lawrence Hill and Kevin Platt of Winston & Strawn LLP discuss Estate of McKelvey v. Commissioner.

  • Taberna Bankruptcy Ruling Brings Relief For CDO Investors

    James Bentley

    A New York bankruptcy court's recent dismissal of Taberna Preferred Funding's involuntary Chapter 11 case reinforces the accepted principle that contractual terms are the best means for liquidating a nonrecourse securitization vehicle — good news for those interested in the stability of the collateralized debt obligation model, says James Bentley of Schulte Roth & Zabel LLP.

  • FinCEN Tightens The Net On Illicit Real Estate Deals

    Thomas Delaney

    Geographic targeting orders released this month indicate that the Financial Crimes Enforcement Network remains concerned about money laundering risks in the real estate sector — and the anonymity of transactions that use virtual currency, say attorneys with Mayer Brown LLP.