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Commercial Contracts

  • October 11, 2018

    Waiter Claiming He Set Up Fight KOs Pacquiao's Appeal

    A California waiter who purportedly facilitated the lucrative boxing match between Floyd Mayweather Jr. and Manny Pacquiao can proceed with his case against the latter over a finder's fee, after a California appeals court ruled Thursday that his claims did not arise from activity protected by a California free speech statute.

  • October 11, 2018

    Contractor Can’t Undo Freeze During Aussie Arbitration Fight

    The Supreme Court of Western Australia, Court of Appeal on Thursday shot down a bid by a subsidiary of Spanish construction and engineering firm Duro Felguera SA to undo a AU$20 million ($14.2 million) asset freeze, finding a strong possibility that the company would be unable to meet meet potential payment obligations with respect to ongoing arbitration proceedings if the freeze is lifted.

  • October 11, 2018

    Fleetwood Mac Went Its Own Way, Breaching Contract: Suit

    Former Fleetwood Mac band member Lindsey Buckingham has reportedly hit the Grammy Award-winning British-American rock band with a breach of contract lawsuit in California state court, claiming he was kicked out of the band and replaced without warning after 43 years, just before the 2018-2019 tour.

  • October 11, 2018

    Jay-Z's Win In Logo Copyright Suit Upheld By 2nd Circuit

    The Second Circuit on Thursday tossed a long, bitter lawsuit against rapper Jay-Z and his Roc-A-Fella Records by a man claiming he was owed royalties for designing the label’s logo, affirming a lower court’s ruling and after remarking last week that the case “has a real stench to it.” 

  • October 11, 2018

    Drugmaker Urges Court To OK $3.8M Award In Supply Fight

    Drugmaker KVK-Tech Inc. asked a Pennsylvania federal judge Thursday to give his blessing to a $3.8 million arbitration award it won over claims that ECR Pharmaceuticals Co. Inc. backed out of a five-year deal to purchase a cold medication to sell under its brand name.

  • October 11, 2018

    Hanover Loses Bid To Block Contractor From Spending $2.3M

    Hanover Insurance Co. lost a bid Wednesday for an order blocking Oryx Oilfield Holdings LLC from spending $2.3 million the insurer says the contractor wrongfully obtained after allegedly lying to a Texas city that the money belonged to the contractor and not in an account for the insurer.

  • October 11, 2018

    GE Cos. Must Arbitrate $500M LNG Dispute, Court Hears

    Luxembourg-based International Engineering & Construction SA and a Nigerian subsidiary have asked a New York federal court to force a pair of General Electric units to arbitrate a $500 million dispute stemming from several contracts relating to the sale and operations of two liquefied natural gas plants.

  • October 11, 2018

    Gates Owes $368K For Mueller Probe Work, Ex-Counsel Says

    The law firm Doar Rieck Kaley & Mack accused Rick Gates, a former member of President Donald Trump's campaign and an ex-business associate of Paul Manafort, in New York federal court on Thursday of skipping out on a $368,525 bill for its work stemming from charges brought by Special Counsel Robert Mueller.

  • October 11, 2018

    Airline Contractor Sues Supplier Over Banned Hand Sanitizer

    Airline amenities provider Linstol USA LLC sued a hand sanitizer maker Thursday in Florida federal court for allegedly failing to tell Linstol of a U.S. Food and Drug Administration ban on the product, which Linstol says cost the company its contract with United Airlines.

  • October 11, 2018

    Texas Justices Told NDA Suit Beats Anti-SLAPP Dismissal Bid

    A paramedic training company trying to revive claims that a former employee smeared its reputation in violation of a nondisclosure agreement told the Texas Supreme Court in oral argument on Thursday that it has shown enough evidence of damages for its case to move forward.

  • October 11, 2018

    BHP Says Bankrupt Driller Must Repay $9M In Royalties

    Units of global mining and petroleum giant BHP on Wednesday launched a complaint in Texas bankruptcy court against EXCO Resources Inc., saying the bankrupt driller won't turn over at least $9.3 million in oil and gas production royalties and other payments owed to BHP from drilling properties that EXCO operated.

  • October 11, 2018

    Grassley Seeks FTC Probe Of Hospital, Insurer Contracts

    The Federal Trade Commission should immediately look into allegations that hospitals are driving up health care costs by nailing down anti-competitive, high-price contracts with insurers, Senate Judiciary Chairman Chuck Grassley, R-Iowa, told the agency Wednesday.

  • October 11, 2018

    HTC Told To Reveal Google Transaction Records To Ericsson

    HTC must hand over records of a Google transaction in its lawsuit accusing Ericsson of overcharging for aging standard-essential patents, after a judge said the information may aid Ericsson's counterclaims accusing the Taiwanese smartphone maker of offering unfair licensing rates.

  • October 11, 2018

    Roller Coaster Model Co. Wants To Arbitrate Lego Dispute

    A company that designs models of roller coasters told an Illinois federal judge Wednesday that if its agreement with a Lego product design firm is enough to support the firm’s breach of contract suit, then the agreement’s arbitration clause must be enforced.

  • October 11, 2018

    Smart Contacts, Cyberattacks Are New Norm, Experts Say

    DocuSign’s chief legal officer and Visa Inc.'s vice president of global risk told attorneys at DLA Piper’s technology conference in Silicon Valley on Wednesday that so-called smart contracts capable of electronically processing contractual steps will soon be commonplace, while security experts warned that cyberattacks are a new norm.

  • October 11, 2018

    AIG Unit Owes $24M For TVA Plant Work, Subcontractor Says

    A boiler and mechanical subcontractor involved in a project sanctioned by the Tennessee Valley Authority launched a lawsuit in Tennessee federal court Wednesday, claiming a general contractor’s failure to pay under the contract puts an AIG unit on the hook for $24 million.

  • October 10, 2018

    Navillus Navigates Through Ch. 11, Sees Plan Confirmed

    Navillus Tile Inc., a significant player in major New York City construction projects, received bankruptcy court approval Wednesday to fulfill a plan of reorganization that will allow the contractor to emerge from Chapter 11 intact and placate its once-adversarial union workforce.

  • October 10, 2018

    No Commission On $75M Fla. Land Deal, Appeals Court Says

    A Florida appeals court on Wednesday reversed a $1.5 million jury award for a man who said Florida Power and Light owed him commissions on land it bought after he schmoozed with an FPL exec at a tailgate party, saying there was no evidence the executive was an “agent” who could commit the company to such payouts.

  • October 10, 2018

    Alcatel Again Escapes NJ Suit Over $1.2B Pension Transfer

    A New Jersey federal judge on Wednesday tossed a lawsuit against Alcatel-Lucent from two unions and four onetime company employees over its combined transfer of roughly $1.2 billion and thousands of members between pension plans, finding that the plaintiffs lacked standing and did not state viable claims under the Employee Retirement Income Security Act.

  • October 10, 2018

    2nd. Circ. Throws Out Order Blocking Lynyrd Skynyrd Movie

    The Second Circuit on Wednesday overturned a court order halting production of a film about the 1977 plane crash that killed members of Lynyrd Skynyrd, but refused calls from critics to declare the earlier ruling "a classic First Amendment violation."

Expert Analysis

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Identifying Investment Contracts, From Chinchillas To Crypto

    Rikard Lundberg

    Because of the broad reach of the Howey test, investment contracts can arise in essentially any circumstance. Three recent enforcement actions illustrate the pitfalls of failing to identify an investment venture as involving the sale of securities, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Akorn Could Alter 'Material Adverse Effect' Law In Delaware

    J.B. Heaton

    The Delaware Chancery Court's opinion this week in the Fresenius-Akorn merger dispute will likely be appealed. That appeal will determine whether this case is destined to change the understanding of material adverse effect, or whether the Chancery Court overreached on the law and the facts, says J.B. Heaton of the University of Chicago Law School.

  • Limiting The Scope Of Discovery Through Contract

    Brian Koosed

    Carefully drafted provisions in M&A and other transaction documents can be used to preemptively restrict some of the parties’ discovery rights in future litigation. There is strong reason to believe that courts will find such provisions to be enforceable, say attorneys with K&L Gates LLP.

  • Oliveira Arguments Portend A Small Victory Against FAA

    Scott Oswald

    Nothing in Wednesday’s arguments before the U.S. Supreme Court in New Prime v. Oliveira suggested a defanging of the Federal Arbitration Act, which remains a potent tool for employers. But at least we now have evidence that the statute is likely subject to some limits, says Scott Oswald of The Employment Law Group PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Pros And Cons Of Office Sharing Agreements

    Excerpt from Lexis Practice Advisor
    Daniel Suckerman

    As coworking spaces grow in popularity, real estate attorneys are frequently called upon to help clients understand the advantages and disadvantages of shared space agreements, as well as potential pitfalls to avoid, say Daniel Suckerman and Stacey Tyler of Lowenstein Sandler LLP.

  • Missouri Long-Arm Statute Reaches Out-Of-State Fraud

    Noemi Donovan

    A Missouri appeals court's recent decision in Good World Deals v. Gallagher squarely demonstrates that false and misleading communications with a customer in the state are enough to establish Missouri jurisdiction over a company located elsewhere, says Noemi Donovan of Baker Sterchi Cowden & Rice LLC.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.