Commercial Contracts

  • March 16, 2018

    Space Travel Co. Demands Sanctions Over Leaked Docs

    A commercial space travel company demanded sanctions and a strict accounting of "privileged" documents leaked to lawyers of a customer claiming the company got him to agree to a $30 million nonrefundable deposit under false pretenses, according to a motion filed in Virginia federal court Friday.

  • March 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the Force India Formula One team sue Santander, the Fiat Group launch an action against its longtime pension scheme administrator and Squire Patton Boggs, and a Scipion fund take on a commodities warehouser. Here, Law360 looks at those and other new claims in the U.K.

  • March 16, 2018

    4th Circ. Says Christian Network Deal Nixed 'In Good Faith'

    A Fourth Circuit panel has clipped the wings on Christian broadcasting company Sky Angel's suit over a failed distribution deal, holding that a lower court correctly decided that Discovery Communications LLC operated in “good faith” when it nixed the agreement.

  • March 16, 2018

    Disney Deal Gets Autodesk Out Of Animation Patent Suit

    A California federal judge said Thursday that software giant Autodesk Inc. did not infringe designer Joseph Alter’s patent on technology for animating hair and fur by incorporating it into the company’s Maya animation program, finding Alter agreed not to sue Autodesk in a previous settlement with Disney.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

  • March 15, 2018

    Law Firm Founder Wants To Shield Docs From Timeshare Co.

    Castle Law Group PC founder Judson Phillips asked a Tennessee federal judge Wednesday to protect him from a timeshare company’s demand that his law firm provide documents in the company’s suit alleging Castle Law Group interferes with its contracts.

  • March 15, 2018

    Telecom Seeks Court's Help To Enforce €150M London Award

    A telecommunications company that won about €150 million ($184.6 million) in a London arbitration against Orascom TMT Investments SARL to cover liabilities incurred during Italian tax audits against former OTMTI-owned companies asked for a Delaware federal court's help Wednesday in tracking down assets to enforce the award.

  • March 15, 2018

    Toys R Us Creditors Fear Wind-Down Uncertainties

    The abrupt acknowledgement by Toys R Us that it will wind down operations and liquidate inventory at more than 700 stores in the U.S. was met with a wave of concerns Thursday, as creditors' attorneys said they hope for a transparent process that maximizes stakeholder returns.

  • March 15, 2018

    Long-Running L-3, Serco Subcontract Dispute Tossed

    L-3 Technologies failed to establish that it had any contractual or business expectation of work from Serco Inc., accused of orchestrating an $80 million scheme to cut L-3 out of the loop on an Air Force subcontract, a Virginia federal judge ruled Thursday.

  • March 15, 2018

    Jury Awards $706M Over Appraisal App Secrets Theft

    A Texas state jury awarded $706.2 million on Wednesday to data-analytics startup HouseCanary, agreeing that former collaborator Title Source Inc. brazenly stole proprietary data recipes for home appraisals and comparisons as it allegedly readied to build its own software suite.

  • March 15, 2018

    BNSF Can't Derail Ruling In Wash. Tribe's Right-Of-Way Suit

    A Washington federal judge Thursday rejected BNSF Railway Co.’s attempt to call into question a tribe's ownership of land on which a disputed railroad runs after losing its argument that the latter’s claims that its increased crude oil shipments breach a right-of-way easement agreement are preempted.

  • March 15, 2018

    9th Circ. Hears Bid To Revive Stolen IP Suit Against Oculus

    Total Recall Technologies asked a Ninth Circuit panel Thursday to revive fraud and contract claims alleging the founder of Facebook’s Oculus VR stole its 3-D virtual reality headset design, saying a lower court judge erroneously dismissed the suit after one of TRT’s founders signed over rights to the claims.

  • March 15, 2018

    Consultant Co. Wants Out Of $1.76M Suit Over Alleged Scam

    A California attorney and her investment advisory company on Thursday moved to dismiss a suit brought by a medical device developer that claimed the attorney scammed it out of $1.76 million, arguing that Texas federal courts had no jurisdiction over either the attorney or her company.

  • March 15, 2018

    Zohar Manager Tries To Unpause Ownership Rights Appeal

    The collateral manager of the Zohar Funds, the bankrupt distressed-company investment vehicle, asked a Delaware judge to lift the automatic stay of litigation late Wednesday so that an appeal over the ownership rights of their assets could move forward to the state’s high court.

  • March 14, 2018

    Harper Lee Estate Sues Over Sorkin Version Of 'Mockingbird'

    Author Harper Lee’s estate accused producer Scott Rudin and writer Aaron Sorkin of mangling her 1960 classic “To Kill a Mockingbird” in a play based on her novel, saying their version breached a contract by changing characters, including the lawyer at the center of the tale, Atticus Finch.

  • March 14, 2018

    Ex-Local Teamsters Sue Over Required Pension Payments

    A former steward for a printing and graphics local union and other ousted Teamsters have sued their pension's trustees in Illinois federal court for allegedly requiring them, but not others in the union, to contribute to the faltering fund.

  • March 14, 2018

    Rams Fans Win Cert., Lose Quick Win Bid In LA Move Fight

    A Missouri federal judge on Tuesday certified two classes of former Rams season ticket holders and denied a bid to hold the team liable for terminated third-party agreements in the suit over its move from St. Louis to Los Angeles.

  • March 14, 2018

    Altaba Says Asset Value Doesn't Support Noteholder Claims

    Yahoo Inc. successor company Altaba Inc. said in a filing with the Delaware Chancery Court late Tuesday that claims from noteholders that they are owed additional shares following a $4.5 billion sale of assets to Verizon Inc. aren’t supported by the terms of the note indenture, which requires a transfer of substantially all of Altaba’s assets for the bonus to be triggered.

Expert Analysis

  • Managing Aircraft Lease Novations: A Primer

    Patrice Robinet

    With the world’s commercial aviation fleet nearly set to double over the next 15 years, trading activity among lessors is bound to increase. Aircraft lessees will confront ever-increasing requests from lessors to consent to novations of existing leases. Parties to aircraft trade transactions would do well to engage lessees in person early in the process, says Patrice Robinet of Akerman LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​