Commercial Contracts

  • August 21, 2017

    Pa. Judge Questions Goodwin Procter DQ Bid In Pharma Fight

    A Pennsylvania state judge expressed doubt during oral argument on Monday that Goodwin Procter LLP’s prior work for Impax Laboratories Inc. in litigation over the antidepressant Budeprion warranted the firm’s disqualification in a contract suit involving the drug that the firm is handling for Teva Pharmaceuticals USA Inc.

  • August 21, 2017

    Fla. Atty Accused Of Negligence In $50M EB-5 Fraud Suit

    A holder of a mortgage on a Palm Beach, Florida, hotel property at the center of an alleged $50 million securities fraud suit involving the EB-5 visa program filed crossclaims Sunday against a lawyer also named as a defendant in the case, alleging the attorney negligently failed to timely record the transaction.

  • August 21, 2017

    Flea Market Owner Seeks Probation For $9M MillerCoors Fraud

    A flea market owner who helped a former MillerCoors LLC executive submit $8.6 million in fraudulent invoices for beer marketing events asked an Illinois federal judge to sentence him to probation, saying he had an otherwise unblemished record and repaid his portion of the scheme.

  • August 21, 2017

    Investor Booted From Cozen, Blank Rome Fraud Suit

    A Pennsylvania federal judge ruled Friday that a British investor who claims that Cozen O'Connor, Blank Rome LLP and Cushman & Wakefield misled him about the viability of a Philadelphia development project ​hadn’t shown sufficient harm to ​remain ​in the case, though the judge kept alive claims from three affiliated businesses.

  • August 21, 2017

    Auditors Can't Blame FDIC For Colonial Bank Fraudsters

    An Alabama federal judge Friday rejected an effort by PwC and another auditor to hold the Federal Depository Insurance Corp. to account for a group of Colonial Bank employees whose long-running mortgage lending fraud preceded the bank’s collapse during the financial crisis.

  • August 21, 2017

    Nissan Close To Deal Over Allegedly Defective Transmissions

    Nissan North America Inc. and a New Jersey waste management company are close to settling a lawsuit accusing the automaker and a local dealership of hiding transmission problems affecting 2014 Sentra sedans, according to a letter filed in federal court Friday.

  • August 21, 2017

    Wachtell Lipton Leads NBA Tampering Probe Into LA Lakers

    The National Basketball Association said Sunday that Wachtell Lipton Rosen & Katz is investigating allegations of tampering against the Los Angeles Lakers, reportedly involving former Indiana Pacers’ forward Paul George.

  • August 21, 2017

    Enron Unit's Fee Bid 'Murky' In $21M Nigeria Award Case

    A D.C. federal judge on Friday called a former Enron subsidiary's request for about $280,000 in legal fees “murky,” saying payment for work representing the company in its confirmation of a $21 million contract breach arbitral win against the Nigerian government should be more modest.

  • August 21, 2017

    Citigroup Gets Abu Dhabi Investment Authority Award OK'd

    A New York federal judge Friday confirmed an arbitration award in which a tribunal rejected a claim brought against Citigroup by Abu Dhabi’s massive sovereign wealth fund over money lost in a $7.5 billion investment deal soured by the financial crisis.

  • August 21, 2017

    Schott Says US Glass Co. Can't Arbitrate Contract Fight

    German glass manufacturer Schott AG told a New York federal court on Friday that its dispute with Kopp Glass Inc. over the latter’s alleged refusal to return molds and lab equipment does not belong in arbitration because their supply agreement doesn’t allow it.

  • August 18, 2017

    How 5 Firms Are Building More Diverse Ranks

    Many are investing in recruitment and retention initiatives aimed at minorities, while at least one is finding that its hiring efforts naturally bring in diverse attorneys. Here’s a look inside a few of the firms that added 20 or more minority attorneys in 2016.

  • August 18, 2017

    The Top Firms For Minority Equity Partners

    The racial makeup of BigLaw’s equity partnership has barely budged in recent years, but some law firms are making notable strides on diversity at the top. Here are the firms with the most racially diverse equity tiers, according to Law360’s Diversity Snapshot.

  • August 18, 2017

    Racial Diversity Stagnating At US Law Firms

    The legal industry has again failed to make substantial progress on hiring and promoting minority attorneys, according to Law360’s annual headcount survey, despite more minorities graduating from law school than ever before.

  • August 18, 2017

    The Best Firms For Minority Attorneys

    After years of diversity initiatives, the legal industry is still coming up short, but some law firms have made notable progress. Here, Law360 ranks the U.S. firms that are leaders in turning diversity goals into workforce realities.

  • August 18, 2017

    Cuneo Gilbert Wants Ex-Colleague Sanctioned In Bias Suit

    Cuneo Gilbert & LaDuca LLP asked a New York federal judge to sanction a former colleague suing the law firm for national origin discrimination, saying Friday that she failed to appear for a status conference earlier this month.

  • August 18, 2017

    NJ Court Nixes DQ Bid In Superstorm Sandy Insurance Row

    A New Jersey federal judge on Thursday rejected a bid to disqualify an attorney from representing a condo association in its lawsuit over Superstorm Sandy-related flood insurance coverage, finding that the parties accused of not obtaining the proper policies waited too long to bring the motion.

  • August 18, 2017

    Fla. Taco Chain Owner Says Partners Tried To Cut Him Out

    A partner in Gringos Locos, a taco restaurant with multiple locations in Central Florida, has sued two business partners in Florida state court, accusing them of trying to wrongfully deprive him of his ownership interest as the company expands.

  • August 18, 2017

    US Trustee Slams Payments To Ybrant's Bankruptcy Counsel

    The U.S. trustee’s office told a New York bankruptcy court Thursday that counsel for Ybrant Digital, which filed for Chapter 11 after getting hit with a $37 million arbitration award in a dispute with a South Korean technology company, should return fees that were purportedly received from unauthorized Ybrant subsidiaries.

  • August 18, 2017

    Ex-Statoil Exec Says Injunction Bid Should Be Nixed

    A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.

  • August 18, 2017

    Westinghouse Liable For Project Shutdown Costs, Co. Says

    A subcontractor of bankrupt Westinghouse Electric Co. asked a New York bankruptcy court Thursday to ensure it will be paid the more than $2 million it says it will need to wind down its work at a canceled South Carolina nuclear power project.

Expert Analysis

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Clearing Up Franchise Distribution Agreements At 6th Circ.

    Gayle Littleton

    With its recent decision in Southern Glazer’s Distributors of Ohio v. Great Lakes Brewing, the Sixth Circuit made clear that despite various restrictions imposed by the Ohio Alcoholic Beverages Franchise Act, manufacturers and distributors are generally free to enter into franchise distribution agreements that require manufacturer consent to sale of the distributor’s business, say attorneys with Jenner & Block LLP.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Even An Unsigned Email Can Be A Legally Binding Contract

    Jonathan Jaffe

    A Texas appeals court recently held that an email exchange constituted a signed legally enforceable contract. The ruling is a reminder that parties negotiating contracts in email should generally avoid making unconditional statements, and classic contractual terms such as “offer,” “acceptance” and “agreement” should be used with care, say attorneys with Mayer Brown LLP.

  • The Working Capital Adjustment Dispute That Never Was

    Brian Lamb

    In Chicago Bridge & Iron v. Westinghouse Electric, the Delaware Supreme Court held rather decisively that a buyer could not avoid a liability bar by couching its concerns over historical financial statements as a working capital adjustment dispute. It is possible, however, to draft language that would lead to a different result than the one in this case, say Brian Lamb and Anthony Rospert of Thompson Hine LLP.

  • Mineral Liens Can Be Contractually Waived In Texas

    Brian Mitchell

    The U.S. Bankruptcy Court for the Northern District of Texas recently held that an advance contractual waiver of mineral liens contained in a master service agreement between an oil and gas operator and multiple oilfield service companies was enforceable. The case is likely to influence future drafting and negotiation of master services agreements, say Brian Mitchell and Clark Donat of Bracewell LLP.

  • Expectations For Fintech Cos. Providing Services To Banks

    M. Patricia Oliver

    Regulatory guidance has caused financial institutions to take tough stances when signing agreements with fintech service providers. Any company that has never undergone a bank examination is likely to find the experience extremely daunting, say attorneys with Tucker Ellis LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.