Commercial Contracts

  • October 13, 2017

    Engineering Co. Asks To Enforce $41M Tanzania Judgment

    An English engineering firm asked a D.C. federal court on Thursday to enforce two judgments issued abroad that relate to arbitral awards against Tanzania totaling more than $41 million, which were issued following a dispute over a stymied road rehabilitation project.

  • October 13, 2017

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

    The last week has seen a new fraud suit against German entrepreneur Lars Windhorst, a Financial List claim from an asset financing firm and a suit against the London unit of Indian asset manager IIFL Wealth. Here, Law360 looks at those and other new claims in the U.K.

  • October 12, 2017

    Union Attempt To Beat NFL To Court Over Elliott Backfires

    Dallas Cowboys running back Ezekiel Elliott’s six-game domestic violence suspension is back on the table as the Fifth Circuit ruled the players union filed suit prematurely, meaning the union’s preemptive legal strategy to beat the NFL to federal court may have backfired, at least for now. 

  • October 12, 2017

    Fitbit Heart-Rate Monitor Row Pushed To Arbitration

    Fitbit Inc. scored a partial win Wednesday in a proposed class action that accused the company of selling faulty fitness watches when a California federal judge sent the dispute to arbitration after finding the consumers couldn’t claim they lacked the sophistication to understand the contract.

  • October 12, 2017

    Investor Can’t Exploit Communication Co.’s $2B FCC Waiver

    Emergency communications specialist ShipCom LLC has the sole right to exploit a waiver from the Federal Communications Commission worth $2 billion that underpins its business, a Delaware Chancery Court found Thursday, ruling ShipCom’s 80 percent owner can’t monetize the waiver by itself despite its majority status.

  • October 12, 2017

    Boston PE Fund Sues 2 Cos. For Diluting Securities, Fraud

    Boston-based Auctus Private Equity Fund LLC filed lawsuits against two companies in Massachusetts federal court on Wednesday, accusing both of breaches of contract involving default events that affected the fund’s securities purchase agreements with them.

  • October 12, 2017

    Uranium Miner Defends Water Quality Deal To Texas Justices

    Texas Supreme Court justices on Thursday questioned how a settlement agreement requiring uranium mining company URI Inc. to restore the quality of water wells in Kleberg County could be viewed as unambiguous by both parties when the parties differ sharply on the meaning of a key term.

  • October 12, 2017

    Deutsche Says It Can Fund Defense From Disputed Trusts

    Deutsche Bank National Trust Co. on Tuesday urged a New York federal judge to toss a proposed class action alleging that it’s improperly dipping into 10 residential mortgage-backed securities trusts it oversees to pay for its defense in a separate suit brought over its handling of those same trusts.

  • October 12, 2017

    Pa. Appeals Court Rejects Tribal Gaming Co.’s Tax Arguments

    A Pennsylvania appellate court Thursday stood by a panel’s decision that held the commonwealth’s tax authority was correct to find a tribal-owned racetrack and casino company owed $1.2 million in sales and use taxes during a roughly four-year period, rejecting the company’s exceptions to the earlier ruling.

  • October 12, 2017

    Ariz. Agency Says Gov't Must Face Tribal Water Row

    The Central Arizona Water Conservation District told a federal court on Wednesday that the federal government must face its claims in a dispute over its obligations to deliver excess water supply to the Ak-Chin Indian Community, arguing that the government had waived its sovereign immunity under the law.

  • October 12, 2017

    5th Circ. Opens Door For NFL's Elliott To Serve Suspension

    The Fifth Circuit on Thursday opened the door for Dallas Cowboys running back Ezekiel Elliott to begin serving a six-game suspension for domestic violence allegations, finding that a Texas federal court where the players union had obtained an order to hold off on the suspension lacked the power to rule on the case because the union filed the suit prematurely.

  • October 12, 2017

    Swiss Target Qatari TV Exec In FIFA Bribery Scandal

    Swiss federal prosecutors said Thursday they were investigating Qatari businessman and prominent soccer figure Nasser Al-Khelaifi for allegedly bribing FIFA’s former general secretary to secure World Cup broadcast rights.

  • October 12, 2017

    Sun Chemical Hit With $7.5M Suit Over NJ Contamination

    Print-ink producer Sun Chemical must shoulder the roughly $7.5 million its Newark facility's ex-operator has spent over contamination at the plant and a nearby Superfund site encompassing part of the heavily polluted Passaic River, according to a recent lawsuit filed in New Jersey.

  • October 12, 2017

    Ex-Trader Asks 2nd Circ. To Renew Fight Against $20M Award

    A former Canadian securities trader has urged the Second Circuit to clear the way for his battle to overturn a $20 million arbitration award against him and his previous employer for allegedly tricking a trading company into buying doomed stock, arguing that the case must be remanded to a state court because he has dropped all federal claims.

  • October 12, 2017

    Rams Fight Fan's Remand Bid In Ticket Litigation

    The Rams football team took aim Wednesday at an expert opinion supporting a personal-seat license holder's attempt to move to state court his long-running litigation over lost license rights, saying the fan’s expert failed to show that two-thirds of potential class members are Missouri citizens.

  • October 11, 2017

    Morton Salt Seeks To Lick Ex-Partner's Trade Secrets Suit

    Morton Salt Inc. demanded Tuesday that an Illinois federal judge dismiss a 16-count complaint against the company filed by ex-partner Mighty Deer Lick Inc., saying the suit alleges a breach of contract based on “non-existent promises.”

  • October 11, 2017

    9th Circ. Hears Round 3 In Northstar Suit Over Schwab Fund

    Northstar Financial Advisors Inc. went before the Ninth Circuit on Wednesday for its third appeal in a putative class action claiming Charles Schwab Corp. broke its own rules for making risky bond-fund bets, arguing that a lower court erred in finding the class claims were barred by the federal Securities Litigation Uniform Standards Act.

  • October 11, 2017

    Calif. Court OKs $5.7M Award In Ukrainian Biz Row

    A California federal judge on Wednesday confirmed a $5.7 million award issued to Ukrainian industrialist Konstantin Grigorishin and his company Dastime Group Ltd. involving a dispute with a former Ukrainian businessman over a 2006 joint venture buyout, finding the parties’ contract contained a valid arbitration clause.

  • October 11, 2017

    Casino Can't Prove Baccarat Cards Had Defects, Maker Says

    Playing-card vendor Gemaco Inc. insisted Tuesday that the Borgata Hotel Casino & Spa can't show that its cards were defective, so a New Jersey federal judge doesn’t need to take the case to trial to determine if the casino can recover the $10.13 million in winnings it paid out to a Poker Hall of Famer.

  • October 11, 2017

    Maryland Atty Says Napoli 'Stonewalling' On Fee Split Deal

    New York plaintiffs lawyer Paul Napoli has been “stonewalling” a Baltimore attorney's attempts to collect her cut of the proceeds from thousands of asbestos cases, according to a lawsuit filed in Maryland federal court.

Expert Analysis

  • Exploring Insurance Recovery Paths After Major Disasters

    Rukesh Korde

    While many businesses understandably focus on their traditional coverages, first-party property insurance policies sold to commercial policyholders often contain common extensions that may provide additional paths to recovery for storm losses from Harvey and Irma, say Rukesh Korde and Teresa Lewi of Covington & Burling LLP.

  • Minimize Marijuana Risks With Special Lease Clauses

    William Moorman

    The recent enactment of laws permitting the cultivation and sale of recreational marijuana in Massachusetts commencing in July 2018 have created great opportunities for real estate owners and developers, and also great risks. By including certain provisions in their leases, landlords can at least mitigate many of those risks, says William Moorman Jr. of Patridge Snow & Hahn LLP.

  • Opinion

    Equifax Breach Reminds Us Why We Need The 7th Amendment

    Jean Sternlight

    The Consumer Financial Protection Bureau’s arbitration rule restores transparency and accountability to our justice system and allows people to exercise their Seventh Amendment rights. However, the House of Representatives has voted to block it and the rule is in jeopardy, says Jean Sternlight, director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • Impact Of The New Revenue Recognition Standard On M&A

    Stephen Quinlivan

    The Financial Accounting Standards Board’s new revenue recognition standard will affect more than top-line revenue, and deal teams will need to assess the total impact of the transition. It is likely that the new standard will also result in new representations in acquisition agreements, say attorneys with Stinson Leonard Street LLP

  • The Brexit Threat To US-UK Aviation

    Kevin Gibbs

    Aviation between the U.S. and U.K. is currently governed by an EU-wide agreement. But the U.K. will not be covered by this agreement once it leaves the bloc — and yet while it is still an EU member, cannot negotiate a new agreement either, say attorneys with Bond Dickinson LLP and Womble Carlyle Sandridge & Rice LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • When Can LLCs Appoint A Special Litigation Committee?

    Muhammad Faridi

    A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.