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Commercial Contracts

  • December 5, 2018

    Shipowner Says Judge Overlooked Key Issue In Contract Row

    A Marshall Islands shipowner has urged a Texas federal court not to force it to arbitrate its suit seeking security as it pursues a $19.9 million breach of contract claim against a Malta-incorporated charterer, arguing that a magistrate judge mistakenly overlooked a key issue.

  • December 5, 2018

    Ascent Creditors Say $75M Note Exchange Plan Is Dangerous

    The sole creditors of Ascent Capital Group Inc. asked a Delaware Chancery Court judge Wednesday for an injunction that will stop a proposed $75 million debt exchange transaction with an insolvent subsidiary the creditors say will put the company in danger of becoming insolvent itself.

  • December 5, 2018

    Atty Wants To Send Ex-Partner Fee Row To Mass. State Court

    An attorney sued over unpaid fees by a former partner who was suspended after serving time for an assault conviction filed a motion Tuesday in Massachusetts federal court to remand the case to state court after retaining new counsel that argues federal courts no longer have jurisdiction over the matter.

  • December 5, 2018

    Petrobras Takes Immunity Fight In EIG Suit To The High Court

    Brazil’s state-owned energy giant Petrobras asked the U.S. Supreme Court on Monday to reverse the D.C. Circuit’s ruling that it cannot claim sovereign immunity in fending off claims from funds managed by EIG Global Energy Partners LLC that it is responsible for losses from a failed drilling venture.

  • December 5, 2018

    NJ Court Told To ID Proper Party In Car Dealer Contract Row

    The New Jersey Appellate Division on Wednesday upended a lower court ruling ordering a jury trial to determine whether a uniform business in Pennsylvania or a company with the same name in New Jersey contracted with a car dealer in litigation accusing the company of fraudulent conduct, saying the court was supposed to resolve that issue on its own.

  • December 5, 2018

    Fresenius Hits Akorn 'Disaster' In $4B Del. Merger Appeal

    Fresenius Kabi AG branded estranged merger partner Akorn Inc. “a disaster” Wednesday during a Delaware Supreme Court defense of an unprecedented Chancery Court ruling upholding termination of their $4.3 billion merger based on Akorn's alleged regulatory violations and poor performance post-signing.

  • December 5, 2018

    9th Circ. Asked To Curtail Audit Power Of Tax Software Co.

    An Arizona federal court wrongly gave a tax software company more audit power over a licensee than its contract permits, the licensee told the Ninth Circuit in a recent filing.

  • December 5, 2018

    Chancery Says Charter Can Use Services Amid Contract Fight

    A Delaware vice chancellor on Wednesday granted a temporary restraining order barring Optymyze LLC from terminating cloud-based software and sales management services it provides to telecom company Charter Communications Operating LLC as the companies head toward arbitration over contractual disputes.

  • December 5, 2018

    GE Units Say They're Already Part Of $500M LNG Row

    Two GE units have urged a New York federal court to toss a suit filed by a Luxembourg engineering and construction company and its Nigerian subsidiary seeking to force arbitration of a $500 million dispute relating to two liquefied natural gas plants, arguing that they're already part of the arbitration in question.

  • December 5, 2018

    Caterpillar Moves To Kill Antitrust Suit In Sealed Papers

    Caterpillar Inc. moved to hoist an antitrust suit from an online competitor out of Delaware federal court but kept its legal reasoning under wraps Tuesday amid a flurry of filings by several heavy-equipment manufacturers trying to get the claims dismissed.

  • December 5, 2018

    Zales Didn’t Honor Jewelry Repair Plans, Consumers Say

    Major jewelry retailer Zales misled consumers about the extent of coverage in a lifetime repair plan it sold with its jewelry, according to a proposed class action removed to California federal court Monday.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Aralez Ch. 11 Sale Problems Put Case On Path To Mediation

    Disagreements among stakeholders in the Chapter 11 case for Aralez Pharmaceuticals Inc. have led the case in the "wrong direction," a New York bankruptcy judge said Tuesday, as he instructed the parties to mediate fights over sales of the drug company's assets.

  • December 4, 2018

    Carrizo Sank $28M Drilling Farmout Deal, Texas Justices Told

    Carrizo Oil & Gas Inc. wrongly withheld its consent and tanked a $27.7 million deal that Barrow-Shaver Resources Co. made to farmout the drilling of several wells to a third party, the oil and gas production company told the Texas Supreme Court in oral arguments Tuesday.

  • December 4, 2018

    Body Glove's Tactics Didn't Hurt Asia Licensee, Jury Says

    Body Glove and its private equity owner, Marquee Brands LLC, didn’t harm the Asia licensee of the watersports company despite engaging in hardball business tactics during a dispute over licensing rights in the world’s most populous region, a California federal jury has determined.

  • December 4, 2018

    Scottie Pippen Claims Atty-Comedian Trashed Fla. Mansion

    NBA Hall of Famer and former Chicago Bulls star Scottie Pippen hit a South Florida attorney-comedian and her husband with a lawsuit in state court Monday, accusing them of trashing his $10 million mansion, stealing cutlery and allowing their pets to urinate all over the property.

  • December 4, 2018

    Bribery Deal Relevant To $622M Award Row, Petrobras Says

    Petrobras has rebutted arguments that Vantage Deepwater Co.'s recent deal with U.S. regulatory authorities cannot be used in its bid to nix a $622 million award the Brazilian company claims is tainted by bribery, telling a Texas federal court that Vantage is trying to curb any review of the award.

  • December 4, 2018

    RV Gear Firm Sues Dometic For $8.4M Merger Escrow In Del.

    The former parent of a U.S. recreational vehicle equipment supplier acquired by an affiliate of a larger Swedish firm in 2014 sued buyer Dometic Corporation in Delaware's Chancery Court late Monday, saying that Dometic unjustifiably refused to release an $8.4 million deal escrow.

  • December 4, 2018

    Fed. Circ. Won't Revive U. Of Ill. Contract Row With Micron

    The Federal Circuit on Tuesday refused to revive the University of Illinois' breach of contract claim stemming from a lengthy dispute with Micron Technology Inc. over semiconductor patents, and also nixed Micron's bid to recover its attorneys' fees.

  • December 4, 2018

    Anaheim Ducks' Arbitration Win Over Ex-Risk Manager OK'd

    A California appeals court affirmed an arbitration decision in favor of Anaheim Ducks Hockey Club LLC against a former risk manager for the team who alleged he'd been forced to resign, finding the declaratory relief given to the Ducks was proper and within the arbitrator's purview.

Expert Analysis

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    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 Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • When International Arbitration Becomes Domestic

    Claudia Salomon

    Many global companies prefer to enter into contracts with foreign counterparties through a locally incorporated affiliate. This approach might help streamline business relationships and confer certain tax advantages, but the validity of the arbitration clauses in such contracts rarely has been tested, say Claudia Salomon and Irina Sivachenko of Latham & Watkins LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • 3 Takeaways From Google’s Harassment Policy Overhaul

    Nisha Verma

    In the wake of the #MeToo movement, Google’s recent changes to its sexual harassment policy are notable because they highlight employers’ ability to innovate while taking measures to comply with California law, say Nisha Verma and Jessica Linehan of Dorsey & Whitney LLP.

  • New Construction Trends And Their Impact On Contracts

    Joanna Horsnail

    Trends and technologies such as performance-based and resilience-oriented design, modular construction, and the use of drones are changing complex construction and engineering projects — and will require careful consideration and analysis during project negotiation and contracting, say attorneys with Mayer Brown LLP and engineers with Exponent Inc.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • AAA Arbitration: An Overview For Employment Lawyers

    Excerpt from Lexis Practice Advisor
    Julia Jordan

    Julia Jordan and Christina Andersen of Sullivan & Cromwell LLP provide guidance on arbitrating employment-related disputes before the American Arbitration Association and summarize what practitioners might expect during various aspects of the process.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.