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Commercial Contracts

  • August 16, 2018

    $25M Beats Royalties Winner Likely Getting Interest, Fees

    A California judge on Thursday tentatively ruled that an entrepreneur who won $25.25 million at trial for his work on Beats Electronics LLC’s first headphones is entitled to roughly $5.6 million in prejudgment interest, and said that he will likely award attorneys’ fees in the future.

  • August 16, 2018

    Recom AG Can't Yet Escape $1.9M Arbitration Award Dispute

    A New Jersey federal judge said Thursday that Recom AG can’t hide behind its U.S. branch as it seeks to avoid paying a $1.9 million arbitration award to a construction company, rejecting the German solar panel supplier’s bid to escape the dispute.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Chancery Points To Contract In $167M Amur Finance Default

    Expressing deep frustration with calls for continued Chancery Court intervention in a multiyear lender and borrower dispute, a Delaware vice chancellor on Thursday told both sides to look to their contract in sorting out a potential $167 million loan default finding.

  • August 16, 2018

    RV Appliance Maker Ducks Most Claims In Contract Suit

    A New York federal judge trimmed the majority of claims against RV services company Airxcel Inc. brought by the founder of a RV roller shade maker the company purchased who claims he was defrauded out of a potential $5.6 million, finding the contract between the parties precluded the bulk of his claims.

  • August 16, 2018

    Boeing Must Face Bankrupt Aircraft Co.'s $100M Suit

    An Alabama federal judge has denied Alabama Aircraft Industries a quick win in its $100 million suit alleging Boeing put it out of business by pushing it out of a $1.2 billion U.S. Air Force contract, but also refused to clear the aerospace giant of the accusation, saying a jury will have to weigh the facts. 

  • August 16, 2018

    Fired Contractor Sues NY Condo Owner For Unpaid $4.15M

    The owner of a New York City condo improperly blamed a construction company for numerous problems on a renovation project, fired the contractor and has refused to pay it roughly $4.15 million dollars, the contractor alleged in New York state court on Wednesday.

  • August 16, 2018

    8th Circ. BNSF Ruling Clarifies Federal Preemption

    The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.

  • August 16, 2018

    Auto Software Maker Seeks Temporary Ban On Rival's Sales

    A car software company urged a Washington federal court Thursday to temporarily bar a rival from selling competing products that allegedly were made with hacked trade secrets, asserting that an anonymous informant supplied it with images and communications that back up its contentions.

  • August 16, 2018

    Dean Foods Says Ex-Chair, Gambler Owe $9.7M For Fraud

    Dean Foods Co. has asked a Texas state court to compel former chairman Thomas Davis and prominent gambler Walter “Billy” Walters to cough up over $9.7 million in costs it incurred from the pair’s insider trading scheme.

  • August 16, 2018

    La Liga, Relevent Sports Announce US Soccer Joint Venture

    Spanish soccer circuit Liga de Futbol Profesional and U.S. marketing company Relevent Sports on Thursday announced they are forming a joint venture they say will bring a regular season professional European soccer match to the U.S. for the first time.

  • August 16, 2018

    Relativity Can Sell $40M Assets And Netflix Deal To UltraV

    A New York bankruptcy judge Thursday gave film studio Relativity Media LLC permission to sell its assets — including a long-contested Netflix distribution deal — to UltraV Holdings LLC for $40 million.

  • August 16, 2018

    Finnish Co. Can't Dodge Arbitration Over Engine Failure

    A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims.

  • August 16, 2018

    Buchalter Adds 2 Attys To Corp., Litigation Groups In LA

    Buchalter PC’s Los Angeles office has added two new attorneys as shareholders, one from Clark & Trevithick AP and one from Rimon Law, entering the firm’s corporate and litigation practice groups, respectively.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    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 Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    9th Circ. Backs Dismissal Of $2B Mexican Contract Case

    The Ninth Circuit on Wednesday affirmed a lower court decision to dismiss a Mexican corporation’s multibillion dollar lawsuit against a Mexican government-owned salt mining company over an allegedly breached deal for a lucrative salt production byproduct, saying the U.S. court lacked jurisdiction.

  • August 15, 2018

    11th Circ. Won't Revive Ex-Judge's Suit Over Disbarment

    The Eleventh Circuit on Wednesday upheld a lower court’s decision to toss a former Florida state judge's lawsuit over the state's Judicial Qualification Commission’s recommendation to the Florida Supreme Court that she be removed from the bench, as well as affirming her subsequent disbarment by the state bar.

  • August 15, 2018

    Crypto Co. Hit With Default Judgment For Bilking Investors

    A Florida federal judge on Tuesday entered a default judgment against Monkey Capital LLC, which a group of investors say pocketed $1.17 million worth of cryptocurrency investments meant for an initial coin offering and the launch of a private cryptocurrency exchange that never happened.

  • August 15, 2018

    Fla. Court OKs Jury Instructions In Hurricane Repair Row

    A Florida appellate court on Wednesday affirmed a trial court’s jury instructions and evidentiary rulings in a trial between two condo associations and an insurance agent over a construction bond needed to repair hurricane damage, rebuffing the associations’ argument that the trial court cost them a larger verdict.

  • August 15, 2018

    DQ Attys Of Chobani Founder's Ex-Wife, 'Consultant' Says

    A onetime confidant to the ex-wife of Chobani Inc. founder Hamdi Ulukaya told a New York federal judge that her lawyers should be tossed off his federal case against her because they “are simultaneously and necessarily concerned” with their own defenses in a related state action.

Expert Analysis

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • How To Avoid Errors And Maximize Benefits In Rooftop Leases

    Rodney Carter

    Rooftops are being transformed to accommodate many uses, but this newfound versatility brings unique obstacles and unexpected consequences. Building owners must strategically negotiate rooftop lease agreements to mitigate the detriments associated with rooftop developments, says Rodney Carter of Husch Blackwell LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.