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Commercial Contracts

  • September 20, 2018

    Tribal Lender Wants Va. Loan Claims Sent To Arbitration

    A lending company owned by the Otoe-Missouria Tribe of Indians has urged the Fourth Circuit to send claims in a proposed class action by Virginia borrowers to arbitration, saying the arbitration provisions in the borrowers’ loan agreements are enforceable and don’t illegally seek to block the application of federal law.

  • September 20, 2018

    HTC Says Ericsson Waived Arbitration In SEP Royalties Row

    HTC America Inc. urged a Texas federal court on Thursday to deny Ericsson Inc.'s bid to arbitrate claims that the Swedish telecommunications company overcharged for aging standard-essential patents, saying Ericsson waived its right to force arbitration of the dispute.

  • September 20, 2018

    Award In Saudi Contract Row Should Be Nixed, Court Hears

    A U.S. military contractor urged a Georgia federal court on Wednesday to toss a suit seeking to confirm an emergency arbitral award ordering it not to terminate a subcontract under a deal to help maintain Saudi Arabian military aircraft, arguing that it never agreed to arbitrate the dispute.

  • September 20, 2018

    Earl of Sandwich's Quick Win Bid Draws Ire In Caesars' Ch. 11

    Investment adviser Whitebox Advisors LLC blasted an Earl of Sandwich location’s request for an order declaring it the owner of a $3.6 million claim in Caesars’ Illinois federal court bankruptcy, arguing that the evidence shows the now-shuttered Atlantic City eatery had reached a binding preliminary deal to sell the claim.

  • September 20, 2018

    Korean Wind Co. Can't Get Turbine Removal Order Overturned

    A Minnesota federal judge has refused a South Korean wind turbine manufacturer’s bid to alter arbitrators’ order requiring it to pay the cost of dismantling a community wind farm, saying it’s not up to the court to second-guess their decision to undo its contract with an American clean energy company.

  • September 20, 2018

    6th Circ. Says Contractor Must Face Nursing Home Death Suit

    The Sixth Circuit on Thursday partially revived a suit brought by a nursing home claiming a contractor should be on the hook for a $3.65 million settlement the home paid to the family of a patient who died, saying the deal precludes only one of two claims.

  • September 20, 2018

    Del. Justices Uphold Duty Waiver In $43M LLC Sale

    Citing a fatal lack of specifics, Delaware’s Supreme Court declined Thursday to overturn the dismissal of a suit alleging unfair dealing in the $43 million sale of a limited liability company serving disabled children, despite facts “arguably” supporting impropriety claims.

  • September 20, 2018

    Chicago Train Subcontractor Says It's Owed $8M For Work

    An engineering subcontractor for a Chicago L train renovation project slapped general contractor Ragnar Benson Construction LLC with an $8 million lawsuit in Illinois federal court Wednesday, alleging the construction firm prevented the engineering company from altering the subcontract to account for excusable delays and withheld payment for services already rendered.

  • September 20, 2018

    Gas Station Claims Holding Co. Spiked Rent By $65K A Month

    A family-owned gas station less than 30 miles west of Boston asked a federal judge on Thursday to stop holding company Global Cos. LLC from forcing it to pay $65,000 more per month to lease the station, a day after filing a suit claiming the corporation instituted the rate hike to drive the business from the property.

  • September 19, 2018

    Court Should Decide Class Arbitrability Questions: 11th Circ.

    The Eleventh Circuit ruled Wednesday that class arbitrability should be decided by a court if an arbitration clause is silent on the issue, but sent a dispute over class arbitrability between consumers and prison contractor JPay Inc. to an arbitrator after determining that the terms of service agreement clearly states that was the parties' preference.

  • September 19, 2018

    Okla. Insurance Co. Sues Rival Over Alleged Poaching

    An Oklahoma insurance and human resources consulting firm filed suit late Tuesday in Delaware Chancery Court, accusing a competing firm of poaching a former employee as part of an alleged scheme aimed at expanding its presence in the Sooner State.

  • September 19, 2018

    Investors Say Co. Faked HQ, Seek Cert. In Stock-Drop Suit

    Investors who accuse Wins Finance Holdings Inc. of lying its way onto a major stock index have asked a California federal court to certify them as a class, saying the investment firm’s misrepresentations over having a New York headquarters cost them dearly.

  • September 19, 2018

    Ashley Judd's Weinstein Defamation Suit Moves Forward

    A California judge on Wednesday dismissed actress Ashley Judd's harassment claim against Harvey Weinstein, but ruled she was not too late filing her claim that the disgraced movie mogul launched a smear campaign that kept her from being cast in "The Lord of the Rings" after she rebuffed his sexual advances.

  • September 19, 2018

    Qualcomm Can't Fast-Track Bid To Ax Apple's Patent Claims

    Qualcomm has failed to convince a California federal judge to hasten proceedings on its effort to dust aside certain patent-related claims by Apple in the pair’s ongoing legal brawl, with the judge agreeing on Wednesday with Apple’s argument that “extreme expedited treatment” was not warranted.

  • September 19, 2018

    Gov't Contractor Aims To DQ Saudi Co.'s Atty In Contract Row

    An attorney for a Saudi subcontractor should be disqualified from the subcontractor's suit seeking to confirm an arbitration award against an American defense and logistics contractor as the attorney's prior representation of the U.S. company creates a conflict of interest, the contractor told a Georgia federal court Wednesday.

  • September 19, 2018

    Tilton Asks To Keep Zohar Portfolio Financials Private

    Patriarch Partners LLC founder Lynn Tilton sought a protective order in the Chapter 11 cases of the Zohar Funds in Delaware bankruptcy court Wednesday, asking to keep private the financial information of companies owned by the funds to preserve the value of the portfolio companies in the event of a sale by Zohar.

  • September 19, 2018

    Cheniere Tells Texas Judges To Allow Foreclosure In LNG Row

    Cheniere Energy Inc. had the contractual right to initiate foreclosure proceedings against a business partner's subsidiary after it failed to pay back a $46 million loan, and a trial court wrongly enjoined it from doing so, a Texas appellate court was told in oral arguments in Houston on Wednesday.

  • September 19, 2018

    HP Gets Statements Tied To Fraud Claims Booted Mid-Trial

    A California judge Wednesday struck a mid-trial blow to a startup alleging Hewlett Packard coerced it into providing tens of millions of dollars of extra software and services on a Malaysian project, ruling that an HP employee’s statements related to the case’s fraud claims aren’t admissible.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

  • September 19, 2018

    Towing Co. Fees Exceeded Pittsburgh Limits, Suit Says

    A Pittsburgh towing company violated city rules and Pennsylvania’s consumer protection laws by charging more than allowed when towing unattended vehicles from private parking lots, and Home Depot knew the company was questionable but contracted with it anyway, according to a proposed class action lawsuit filed in state court on Tuesday.

Expert Analysis

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Why Contract Analytics Are Essential To Minimizing Risk

    Drimalla_Ryan.jpg

    In most enterprises, certain critical data remains in silos and cannot be leveraged in a standardized way across all units and issues. By applying analytics to contracts from the small silos and looking at them as a key source of information, executives and counsel can get a clear picture of the overall business, says Ryan Drimalla of FTI Consulting.

  • 2 Courts Accept Contract Terms That Limit TCPA Exposure

    Meredith Slawe

    No other appellate court has followed the Second Circuit's Telephone Consumer Protection Act decision in Reyes. However, two district courts within the Eleventh Circuit recently did — holding that consent to be contacted cannot be unilaterally revoked where such consent was obtained in a bargained-for contract, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • How A Court's 'Pencil Color' Impacts Restrictive Covenants

    Christopher Hennessy

    Within the context of restrictive covenants in employment agreements, there are so-called red pencil and blue pencil states, with the color a reference to the doctrine courts apply in that state when enforcing such agreements. The difference is significant enough to make or break a restrictive covenant case, say Christopher Hennessy and Jeremy Glenn of Cozen O'Connor.

  • Resolving M&A Price Disputes: Experts Or Arbitrators?

    Daniel Boland

    A threshold question in post-closing purchase price adjustment disputes is whether the merger agreement’s dispute resolution process is an expert determination or an arbitration. The answer can have a meaningful impact, as seen in the Delaware Chancery Court's decision in Penton Business Media Holdings v. Informa, says Daniel Boland of Pepper Hamilton LLP.

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.