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Commercial Contracts

  • September 13, 2018

    Centene Seeks To Avoid Class Action Over Provider Network

    Centene Management Company LLC has urged a federal court to toss a proposed class action alleging it misrepresented the size of a provider network, saying the amended suit is trying to second-guess Washington state regulators’ work.

  • September 13, 2018

    Maritime Industry Challenges To Watch: Part 2

    As maritime industry stakeholders maneuver through the changing regulatory and legislative landscape, they’re also contending with increased gridlock at U.S. ports, emerging cybersecurity threats and technology disruptions, and inadequate investment in crucial infrastructure. Here, Law360 examines more challenges facing the industry in the second part of our roundup.

  • September 13, 2018

    Texas Justices Told Jury Charge Doesn't Ax Legal Challenge

    A Texas appellate court ruling that a party to a contract dispute, whom a jury sided against, waived any right to challenge the legal sufficiency of the verdict because he didn't object to a question submitted to the panel has left litigants in a waiver trap, the Texas Supreme Court heard in oral arguments Thursday.

  • September 12, 2018

    NY Developer Faces Collection Action After 'Lavish' Pics

    A construction executive misused money meant for a luxury New York City condominium project and failed to repay a related $4 million loan while flaunting his “lavish lifestyle” on Instagram, a group of lenders said in a collection action filed Tuesday in state court.

  • September 12, 2018

    Del. Justices Probe LLC Duty Waiver In $43M Sale Appeal

    Delaware's Supreme Court pressed opposing attorneys Wednesday on just how much protection investors surrendered to a controlling limited liability company member when they waived their company's fiduciary duty obligations and then saw it sold for $43 million in a process likened to a "hostage taking."

  • September 12, 2018

    Calif. Panel Backs Consultant's $7.2M Award For Unpaid Work

    A California appeals court on Tuesday affirmed a consultant’s $7.2 million trial win for unpaid work done for online real estate marketplace Ten-X, ruling that the verdict shouldn’t be tossed just because “marginally relevant” evidence about the consultant’s work with another real estate-related business was excluded.

  • September 12, 2018

    Ex-Winston Partner Wants Bias Row Out Of Arbitration

    A former Winston & Strawn LLP partner told a California appellate panel on Wednesday that her gender bias suit should not have been sent to arbitration, saying her claims weren't covered by the arbitration provision in her employment contract, which was unlawful anyway.

  • September 12, 2018

    AIG Seeks $2.4M For Apt. Damages From Broken Sprinkler

    An AIG unit alleged in New York state court on Wednesday that the owner of an apartment unit and the construction company tasked with renovating it owe the insurer $2.4 million for a claim it paid out after a broken sprinkler head caused water to pour into a neighboring unit owned by a policyholder. 

  • September 12, 2018

    Ex-Dickstein Shapiro Partners Sue Blank Rome Over $4M

    Former Dickstein Shapiro LLP partners accused Blank Rome LLP in California state court Wednesday of defining its move to scoop more than 100 attorneys from the now-defunct Dickstein as an asset sale, rather than a merger, in an attempt to "play cute" and avoid paying them $4 million.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Wells Fargo Dodges Counterclaims In $16M Margin Call Row

    A New York federal judge ruled Tuesday that a Chicago investment fund and its affiliates can’t go after Wells Fargo for more than $100 million in losses they said the bank caused by forcing them to dump their portfolios in the wake of a February financial market flare-up that’s been nicknamed “Vol-mageddon.”

  • September 12, 2018

    Warranty Arbitration Clause Was Clear, NJ Justices Told

    Two home warranty companies on Wednesday urged the New Jersey Supreme Court to enforce their arbitration clause, arguing that a lower appeals court wrongly expanded the alternative dispute resolution language requirements set by high court precedent.

  • September 12, 2018

    Ericsson Says Suit Over SEP Royalties Must Be Arbitrated

    Ericsson Inc. told a Texas federal court Tuesday that claims by HTC America Inc. alleging overpayment for aging standard-essential patents are not legitimately antitrust and should be decided in arbitration rather than in court.

  • September 12, 2018

    Warner Bros. Drives Out Of Fight Over 'Batcycle' Profits

    An Arizona federal judge tossed a lawsuit Tuesday that claimed Warner Bros. Entertainment Inc. owes the “Batcycle” creators’ heir profits on merchandise featuring the bike, which was originally made for a 1960s “Batman” television show and movie.

  • September 12, 2018

    Applebee’s Left Struggling Franchisee In Limbo, Judge Told

    Applebee’s deceived franchisee RMH Franchise Holdings Inc. in the months leading up to RMH’s bankruptcy filing by giving it vague and ambiguous warnings about terminating its franchise agreements, RMH told a Delaware judge Wednesday.

  • September 12, 2018

    Ex-Trenk DiPasquale Client Aims To Sink Unpaid Fees Ruling

    A New Jersey construction business should not have been held liable for all of Trenk DiPasquale Della Fera & Sodono PC’s unpaid legal bills when most of its work was done on behalf of other related parties, the company’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the firm’s favor.

  • September 12, 2018

    NY Dealers Owe Nissan Finance Arm $40M For Loan Defaults

    A New York federal judge has ordered a group of Nissan dealerships in Manhattan to fork over more than $40 million in defaulted loans, attorneys' fees and miscellaneous expenses springing from a series of deals with Nissan Motor Acceptance Corp. to finance the opening of additional stores.

  • September 12, 2018

    Delta, Southwest Can't Get Quick Wins In Gate Access Row

    A Texas federal judge on Wednesday summarily rejected competing bids from Southwest Airlines Co. and Delta Air Lines Inc. to at least partially end a multi-faceted dispute over gate use at Dallas’ Love Field airport.

  • September 12, 2018

    Barnes & Thornburg Hires Franchise Law Expert In Chicago

    Barnes & Thornburg LLP continued a trend of growth in its Chicago office with the recent addition of a former Cheng Cohen LLC franchise law specialist to the firm’s litigation department.

  • September 12, 2018

    ITC To Probe Whether Indian Cars Copy Fiat's Jeep Design

    The U.S. International Trade Commission said Tuesday that it launched an investigation into whether India-based Mahindra's imported cars rip off the design of Jeep-brand vehicles, disregarding claims from Mahindra that Fiat Chrysler Automobiles breached a contract by asserting the trademark claims before the agency.

Expert Analysis

  • The Challenges Of Valuing Litigation-Driven Equities

    Alexander Berger

    Many eyes are on the Delaware Chancery Court to see whether it will compel Fresenius to close on a $4.5 billion acquisition of Akorn. The case, which completed post-trial briefing last week, presents an interesting question about the meaning of stock price as evidence in litigation, say Alexander Berger, an investment consultant, and J.B. Heaton, a lecturer at the University of Chicago Law School.

  • Common Offsite Problems Arising From Triple-Net Leases

    Andrew Hodgson

    In the past few years, landlords, investors and developers have shown increased interest in triple-net ground leases of peripheral properties surrounding retail centers. However, they should consider the issues that can pop up when a ground leased parcel is part of a larger commercial development, says Andrew Hodgson of Husch Blackwell LLP.

  • LLC Derivative Claims In The Wake Of Wenske

    Adrienne B. Koch

    Many limited liability companies are formed in Delaware because of the state’s well-developed and business-friendly law in this area. But a recent decision in Wenske v. Blue Bell Creameries highlights the level of care with which an LLC's governing agreement must be drafted in order to maximize these ostensible advantages, says Adrienne B. Koch of Katsky Korins LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • What White V. Commissioner Says About Partnerships

    Mark Leeds

    The question as to when a person is receiving a share of partnership income or compensation continues to be a vexing issue. It is valuable to consider the U.S. Tax Court's recent holding in White v. Commissioner in the context of the relatively developed body of law to see how private funds can better structure carried interests and management fee waivers, say Mark Leeds and Guoyu Tao of Mayer Brown LLP.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • 2 Door Makers And The Gutting Of Pre-Merger Clearance

    Derek Dahlgren

    The Eastern District of Virginia is poised to render a decision in Steves & Sons v. Jeld-Wen that may run into the U.S. Supreme Court’s concerns regarding belated challenges to mergers, as well as potentially create uncertainty in the value of pre-merger clearance under the Hart-Scott-Rodino Act, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Signed Texts Can Be Binding Real Estate Contracts

    Peter Carr

    The commonplace reliance upon text messaging in commercial dealings has forced courts to examine the legal implications of texting within the seminal rule that a contract concerning real estate must be signed to be enforced. At the trial court level, some courts have embraced the concept of "contract by text message" as long as some key elements are established, says Peter Carr of Eckert Seamans Cherin & Mellott LLC.

  • New Pennsylvania Law Protects Rights Of Unpaid Contractors

    Patrick Kingsley

    Under the previous version of Pennsylvania's Contractor and Subcontractor in Payment Act, there was no consequence for owners and contractors failing to provide written explanation for withholding payment. However, the act's recent revisions plug that gap, says Patrick Kingsley of Stradley Ronon Stevens & Young LLP.