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Commercial Contracts

  • July 17, 2018

    FERC Fuel Pipeline Ruling Can't Be Fought, DC Circ. Says

    The D.C. Circuit on Tuesday nixed United Airlines Inc. and UPS Fuel Services Inc.'s challenge of a Federal Energy Regulatory Commission decision that it had no authority to force Enterprise TE Products Pipeline Co. LLC to continue shipping petroleum products, saying the companies lacked standing to challenge the decision.

  • July 16, 2018

    Burkle Sues Lantern Capital For $6M Over Weinstein Co. Sale

    Investor Ron Burkle’s company accused Lantern Asset Management GP of cutting it out of a nearly $6 million payout from Lantern’s $289 million purchase of The Weinstein Co.’s assets from bankruptcy, according to a suit filed in California state court Monday as Lantern’s deal closed.

  • July 16, 2018

    Johnny Depp Settles Feud With Former Managers

    Johnny Depp and his former business managers have decided to skip a trial scheduled for next month and shake hands in a pair of multimillion-dollar suits over how at least $25 million of the actor’s money was handled and whether the actor’s properties should be foreclosed.

  • July 16, 2018

    Most Of Ad Publishers' Claims Against Google Axed

    A California federal judge on Friday tossed all putative class claims and most individual claims, with leave to amend in some cases, in a suit claiming Google LLC is refusing to provide refunds to both advertising publishers and their clients after shutting down their accounts for apparent violations of its policy.

  • July 16, 2018

    Yahoo Email Users Seek Class Cert. In Data Breach MDL

    A putative class of Yahoo users sought certification Friday in multidistrict litigation over three data breaches that affected billions of email accounts, telling a California federal judge that the case was governed by common questions about Yahoo’s conduct and customer contracts.

  • July 16, 2018

    CBS Kept Using Licensed TM, Fantasy Sports Co. Says

    The parent company of fantasy sports operator Scout Fantasy is suing CBS Interactive Inc., accusing it of trying to steal its brand and deceive its customers by continuing to use trademarks CBSi had previously licensed, even after Scout killed the deal over CBSi’s repeated failures to pay on time.

  • July 16, 2018

    NCAA Says NJ Law Shields It In Wrongful Death Suit

    The NCAA has called on a New Jersey federal court to toss claims against it from the parents of a Massachusetts college football player who died after a workout, arguing in part that a state law shields the organization from certain liability.

  • July 16, 2018

    Investors Knock Advisory Firm’s Request To End Fee Suit

    Investors accusing Davis Selected Advisers LP of charging excessive fees in one of its mutual funds pushed back on the firm's bid to have the suit thrown out, telling a New York federal judge Friday that conflicting factual evidence merits sending it to trial.

  • July 16, 2018

    Airbnb Can't Use Free Speech To Get Fla. Sublease Suit Axed

    A Miami-Dade County judge has denied a bid by Airbnb Inc. to toss a lawsuit brought by an apartment owner over allegedly unauthorized subleases that allow tenants to illicitly offer apartments for short-term rent, ruling that the home-sharing website is not absolutely immune under the Communications Decency Act.

  • July 16, 2018

    Tainted Jalapeno Powder Caused $19M Recall, Food Co. Says

    An Illinois-based natural food ingredient sourcer slapped China-based Shanghai Pecenp International Co. with a lawsuit, saying the company’s salmonella-contaminated jalapeno powder caused Frito-Lay to recall its products and lose $19.8 million.

  • July 16, 2018

    HKIAC Teams Up With Mongolian Arbitration Center

    The Hong Kong International Arbitration Center has entered into a cooperation agreement with the Mongolian International and National Arbitration Center, increasing connections between the organizations as Mongolia sees a growth in investment from China’s Belt and Road Initiative, a statement from the center said.

  • July 13, 2018

    Two Zeneca Defenses Nixed In $275M Chancery Drug Dispute

    Zeneca Inc. on Friday lost two of 10 affirmative defenses claimed in a Chancery Court battle over $275 million in cancer drug trial "milestone" payments sought by a merger partner, with a Delaware vice chancellor saying the case nevertheless still appears headed to trial.

  • July 13, 2018

    Contractor Can't Duck WARN Suit In Nuke Plant Shutdown

    A South Carolina federal judge Friday rejected a Fluor Corp. attempt to escape a suit alleging that it failed to give workers sufficient Worker Adjustment and Retraining Notification Act notice before a Westinghouse Electric Co. nuclear reactor project shut down last year.

  • July 13, 2018

    Mass. Dentist Says 1st Circ. Uber Ruling Applies In Yelp Row

    A Massachusetts dentist suing Yelp Inc. for deceptive trade practices leaned Friday on a weeks-old First Circuit decision rejecting the legality of Uber’s “barely visible” terms-and-conditions button, saying Yelp’s terms-and-conditions link on its phone application was similarly inconspicuous.

  • July 13, 2018

    Qualcomm Says Buyers Have No Say In IPhone Import Row

    Smartphone consumers pursuing antitrust multidistrict litigation over Qualcomm’s patent licensing practices can’t block the chipmaker from trying to force Apple to only import iPhones with Qualcomm chipsets, Qualcomm told a California federal judge Thursday, arguing the import matter is totally unrelated.

  • July 13, 2018

    Spine Surgery Co. Says Competitor Claims Belong In Calif.

    Spinal surgery center Alphatec Spine Inc. said in a brief made public Friday that claims over its hiring of a former employee of a competitor brought by that competitor in Delaware Chancery Court should be litigated in California state court because that is where both companies are based and where the conduct at issue occurred.

  • July 13, 2018

    5th Circ. Scraps Dealership’s Nearly $1M Win Against Jaguar

    The Fifth Circuit on Friday threw out a nearly $1 million award in favor of a Texas dealership that had sued Jaguar alleging it improperly reclaimed cash the dealer earned under a sales incentive program, saying the lower court granted the dealership an early win before it had jurisdiction to do so.

  • July 13, 2018

    Stinson Leonard Street Adds Construction Pro In Kansas City

    A veteran attorney in all aspects of the construction industry has joined Stinson Leonard Street LLP in the firm’s Kansas City office after spending more than 30 years at Lathrop & Gage LLP.

  • July 13, 2018

    Romania Says It Already Paid Outstanding $250M Award

    Romania urged a D.C. federal judge not to confirm a $250 million arbitral award issued against the country to two Swedish food industry investors, saying it satisfied the amount in controversy years ago by relieving the food companies of their Romanian debts and paying the firms through a government-approved treasury account.

  • July 13, 2018

    Gas Driller Says Blackstone Unit Abused First Refusal Right

    An oil and gas driller has accused a midstream energy company owned by Blackstone Group LP of abusing the right of first refusal in a gas processing agreement by drawing out the process so it could edge out a competitor for the driller’s business.

Expert Analysis

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Epic Systems And The Erosion Of Federal Class Actions

    Amanda Karl

    Over the last decade, the U.S. Supreme Court has made it progressively harder for consumers and employees to vindicate their rights through class actions. Although plaintiffs can still bring meritorious class actions in federal court, the recent decision in Epic Systems confirms that plaintiffs should look for creative alternatives in state court, say Amanda Karl and Steven Tindall of Gibbs Law Group LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Potential Risks Of Boilerplate NY Choice Of Law Clauses

    Glenn West

    Recently, a New York appellate court ruled in 2138747 Ontario v. Samsung that a breach of contract claim arising from a New York choice of law clause was time-barred pursuant to Ontario's statute of limitations. This decision presents an opportunity to re-examine standard boilerplate New York choice of law clauses, says Glenn West of Weil Gotshal & Manges LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.