Commercial Contracts

  • December 11, 2017

    High Court Turns Away Iron Cos.' $48M Arbitral Award Row

    The U.S. Supreme Court on Monday turned down a petition to review a Second Circuit decision reviving a bid by several Brazilian iron companies to enforce a more than $48 million arbitral award against the alleged alter egos and successors of Steel Base Trade AG.

  • December 11, 2017

    Pa. Appeals Court Kills Bid To Revive EQT Royalty Claims

    A Pennsylvania appeals court on Friday shot down efforts by a pair of landowners to revive claims that they were denied the full value of royalty payments they say they're owed under a contract allowing an EQT Corp. unit to drill for natural gas below their property.

  • December 11, 2017

    Chopper Repair Co. Fights To Keep Safran Contract Suit Alive

    A Kansas company that buys and repairs helicopters and engines urged a Texas federal court Friday to deny a bid to dismiss its suit against French aerospace company Safran SA and several of its affiliates, arguing it has raised plausible claims of breach of contract and antitrust law violations.

  • December 11, 2017

    Justices Leave PAGA No-Arbitration Rule Intact In Calif.

    The U.S. Supreme Court refused on Monday to review a California appellate court decision that claims under the state's Private Attorneys General Act cannot be arbitrated, effectively rejecting arguments that the Federal Arbitration Act preempted state labor laws like PAGA that disfavor arbitration.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Mellon Sues Altaba To Boost Share Rate For $1.4B In Notes

    BNY Mellon Trust sued Yahoo Inc. successor Altaba Inc. for a 15 percent rise in shares due under a $1.4 billion notes-to-shares conversion agreement in Delaware’s Chancery Court on Friday, saying Yahoo’s sale to Verizon Inc. in June triggered the increase.

  • December 8, 2017

    Travelers Can't Ditch Defense Coverage Suit Over PCB Claims

    Travelers Indemnity Co. can’t shut down a potentially billion-dollar coverage dispute with Magnetek Inc. just because the plaintiff failed to add another company as a defendant, an Illinois federal court ruled Thursday, meaning the insurer will have to win on the merits to avoid being drawn into an underlying suit by Monsanto Co.

  • December 8, 2017

    Tampa Bay Rays Hit Concession Co. With Contract Fight

    Everything was not crackerjack behind the concession stand counters at Tropicana Field, home of baseball's Tampa Bay Rays, according to a breach of contract lawsuit the ballclub filed Friday against Centerplate Inc., whose expiring 20-year exclusive concession agreement spanned the team's full history.

  • December 8, 2017

    Chancery Tosses Suit Over Earnouts In $1.4B Lone Star Deal

    A Delaware Chancery judge ruled Friday that a lawsuit from pipe and brick company HBMA Holdings LLC over earnout payments from its $1.4 billion sale to Lone Star Funds belongs in arbitration, but it was too late for the seller to press claims in court if that process fails.

  • December 8, 2017

    Cypriot Shipping Co. Seeks $5M Security During Arbitration

    A Cypriot charter shipping company asked a New Jersey federal court Thursday to allow it to access funds or property connected to a group of related agribusiness companies with operations in the U.S. and the United Arab Emirates that could provide it with security of more than $5 million while it pursues arbitration against the companies over an alleged contract breach.

  • December 8, 2017

    9th Circ. Mulls 'Moral Right' In ‘Big Pimpin'’ Suit

    A Ninth Circuit panel on Friday pressed an Egyptian composer's nephew who claims the Jay-Z song "Big Pimpin'" illegally sampled a 1957 ballad by his late uncle to explain why foreign copyright ownership gives him the right to economic damages in the United States.

  • December 8, 2017

    Nucap Loses Bid To Depose Bosch Chairman In Brake IP Fight

    Nucap Industries Inc. can’t depose Robert Bosch GmbH’s chairman in a lawsuit over Bosch’s alleged theft of brake design components since there’s no evidence he’s involved in the issues at hand, an Illinois federal magistrate judge said Thursday.

  • December 8, 2017

    Patheon Says Rival Can't Recover $135M Over Softgel Pact

    Pharmaceutical company Patheon Inc. has urged a New York federal judge to deny softgel maker Procaps SA’s request to vacate part of an arbitration award finding it can't recover $135 million in lost profits damages for a nixed product development agreement, telling the court the agreement doesn’t allow for such damages.

  • December 8, 2017

    Texas Justices To Hear Oncor's Row With Chaparral Energy

    The Texas Supreme Court on Friday agreed to hear oral arguments in a case where Oncor Electric Delivery Co. LLC argues that a trial court judgment siding with Chaparral Energy LLC in a contract dispute over electric service to oil wells should be tossed because the Public Utility Commission of Texas is the only entity allowed to hear the dispute.

  • December 7, 2017

    Statoil's Claims Against Ex-Exec Headed For Arbitration

    A Texas federal judge held Wednesday that Statoil must arbitrate its claims that a former executive for one of its units schemed to steal trade secrets, but rejected his efforts to force the subsidiary into arbitration and to convince the court that an arbitration agreement he signed applies to nonsignatories.

  • December 7, 2017

    Air Force Contractor, Subcontractor Settle $9M Suit

    U.S. Air Force contractor Space Coast Launch Services LLC reached an undisclosed settlement in Florida federal court Thursday with space launch operations support subcontractor Yang Enterprises Inc. in the subcontractor's breach of contract suit accusing Space Coast of underpaying it $9 million, according to settlement conference minutes.

  • December 7, 2017

    NJ Sandy Coverage Row Still Sunk By Lack Of Expert Affidavit

    A New Jersey state appeals court on Thursday refused to revive a lawsuit against an insurance broker from a medical practice and nutritional health business over Superstorm Sandy-related coverage, saying a trial court rightfully tossed the action over the company’s failure to submit an expert affidavit.

  • December 7, 2017

    Liberian Gold Mining Co. Wants $6.9M Award OK'd

    A Liberian mining company has asked a Virginia federal court to confirm a $6.9 million arbitral award issued against a construction company in a dispute over earthwork projects at a gold mine in Liberia, arguing that the parties agreed to binding arbitration.

  • December 7, 2017

    Trusts Assert Control In $22M CFPB Student Loan Suit

    The recently affirmed owner of a $12 billion fleet of securitized student loan trusts moved late Wednesday to lock in its authority to settle a regulatory agency’s pending $22 million federal consent decree over debt collection practices, despite a seeming slowdown in the Delaware case.

Expert Analysis

  • Idea Theft And Free Speech: A 9th Circ. Victory For Writers

    Glen Kulik

    The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.

  • Reasonable-Royalty Lessons From Prism V. Sprint

    Karen Romrell

    The U.S. Supreme Court recently declined to take up Sprint’s appeal, upholding Prism’s patent damages award. Here, Karen Romrell of Hampton IP & Economic Consultants LLC discusses various aspects of prior licenses and settlement agreements as set forth in Prism v. Sprint, along with other court decisions, to assist damage experts in determining a reasonable royalty.

  • ICSID Continues To See Strong Treaty Arbitration Growth

    Anna Biasiolo

    According to its 2017 annual report, the International Centre for Settlement of Investment Disputes has administered more than 70 percent of all known international investment proceedings. Competition from other venues is clearly not affecting ICSID’s position as the world leader in investor-state dispute settlement, says Anna Biasiolo of BonelliErede.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.