We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Commercial Contracts

  • January 17, 2019

    Gilstrap Won't Delay HTC's Royalty Row Trial With Ericsson

    U.S. District Judge Rodney Gilstrap on Wednesday shot down HTC's request to delay an upcoming trial in its case alleging Ericsson overcharges for royalties on cellular and wireless standard-essential patents, saying the bid appears to be a "litigation tactic."

  • January 17, 2019

    AT&T Can Arbitrate Ex-Worker's Age Bias Suit, 1st Circ. Says

    The First Circuit ruled Wednesday that a former AT&T employee in Puerto Rico who claims she was illegally demoted and fired because of her age must arbitrate her claims since she failed to complete the procedure laid out by the company to opt out of its arbitration program.

  • January 17, 2019

    Ticket Co. Shut Down After $4.5M Tech-Poaching Verdict

    A Manhattan federal judge ordered Seat Scouts LLC effectively closed Thursday after a jury smacked the ticket tech concern and its CEO with $4.5 million of damages, finding they pilfered technology from competitor Broker Genius Inc. that allows resale brokers to easily reprice sports and entertainment stubs.

  • January 17, 2019

    Del. Justices Overturn Chancery-Ordered Oxbow Carbon Sale

    Delaware’s Supreme Court on Thursday vacated a Chancery Court order for a potential multibillion-dollar sale of William I. Koch’s Oxbow Carbon LLC, rejecting the lower court's finding that the forced sale was a justifiable fix for a gap in contract provisions for investors seeking to cash out.

  • January 16, 2019

    Ex-Hallmark Host's Atty DQ'd In Wrongful Termination Suit

    The Bloom Firm cannot represent a former Hallmark Channel host accusing the television network of firing him for reporting sexual harassment on set, a California federal judge ruled Wednesday, finding that the firm previously had a legal consulting agreement with one of the network’s producers embroiled in the harassment claims.

  • January 16, 2019

    Jay-Z Stalling With Arbiter Diversity Push: Rocawear Owner

    Rocawear clothing owner Iconix Brand Group Inc. told a New York state court that Jay-Z's complaints about the American Arbitration Association's lack of diversity in an intellectual property dispute are an attempt to dodge arbitration "masquerading as a crusade to create further diversity."

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Match Accuses Tinder Co-Founder Of Swiping Trade Secrets

    Tinder co-founder Sean Rad violated trade secret protection agreements by making copies of his work emails and other documents, Tinder owner Match Group Inc. and its parent company said in a suit filed in New York state court.

  • January 16, 2019

    EmblemHealth Defeats Retired Execs' Health Benefits Suit

    EmblemHealth Inc. was allowed to change the medical benefits provided to its retired executives without violating the Employee Retirement Income Security Act, as there was no explicit promise to vest those benefits, a New York federal judge ruled Tuesday.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    Dispute Over Ticket Autopricing Tech Goes Before NYC Jury

    A Manhattan jury mulled Wednesday whether to award entrepreneur Shmuel "Sam" Sherman damages after his company accused a rival of poaching what Sherman calls revolutionary software that allows resale brokers to easily reprice inventory in the multibillion-dollar market for sports and entertainment tickets.

  • January 16, 2019

    HVAC Co. Seeks Pay For Work On $20M VA Hospital Revamp

    A Missouri-based HVAC company alleged in Ohio federal court Wednesday that it was not fully paid for the installation of insulation and ventilation systems as part of a $20.4 million construction project at a Cincinnati Veterans Affairs hospital.

  • January 16, 2019

    NY Judge Halts Arbitration Between Shipping Co., Fuel Trader

    A New York federal judge on Tuesday ordered a United Arab Emirates marine fuel oil trader to halt arbitration against a Chinese shipping company following a $1.8 million dispute over a fuel delivery, relying on a series of rulings in Singapore concluding there was no arbitration agreement between the parties.

  • January 16, 2019

    Pa. Appeals Court Weighs Meaning Of 'On' In Gas Leases

    Attorneys disputed the meaning of the word “on” in oil and gas law Wednesday as a landowner argued to the Pennsylvania Superior Court that he was entitled to extra payments from his gas lease with an Exxon Mobil Corp. subsidiary because underground hydraulic fracturing was occurring “on” his property.

  • January 16, 2019

    High-Tech Parts Maker Claims Rival Stole Trade Secrets

    A high-tech parts manufacturer has accused electronics contract maker Foxconn and some of its associates of stealing exclusive designs for special connectors used in computers and automotive systems.

  • January 15, 2019

    Firm Tries 3rd Time To Toss Malpractice Arbitration Award

    A Texas law firm has asked the state's high court to undo lower court rulings that affirmed a nearly $460,000 arbitration award against it stemming from an ex-client's malpractice lawsuit, arguing the arbitrator's ruling goes against Texas law and must be reviewed.

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    Drivers At Fault For Their Own Stalled Arbitrations, Uber Says

    Uber told a California federal judge on Monday that drivers requesting an order to force the ride-hailing company to cover the costs of their individual arbitrations over a classification dispute are impeding their own progress by seeking the order in federal court and refusing to pay their filing fees.

Expert Analysis

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 'Wholly Groundless' Arbitration Exception Gets Grounded

    Charles Patrizia

    On Tuesday, the U.S. Supreme Court held that when a contract expressly delegates to the arbitral tribunal the question of “arbitrability,” courts may not resolve that question, even if the underlying arbitrability argument is allegedly “wholly groundless.” This is significant for parties drafting arbitration agreements, say attorneys with Paul Hastings LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    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 Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    Ending Arbitration Pacts For Harassment Claims Isn't Enough

    Tom Spiggle

    Several tech companies recently ended policies that forced arbitration for internal sexual harassment claims, but a closer look at these changes indicates there’s still a long way to go before workers are treated as fairly as possible, says Tom Spiggle of the Spiggle Law Firm.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.