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Commercial Contracts

  • October 11, 2018

    Drugmaker Urges Court To OK $3.8M Award In Supply Fight

    Drugmaker KVK-Tech Inc. asked a Pennsylvania federal judge Thursday to give his blessing to a $3.8 million arbitration award it won over claims that ECR Pharmaceuticals Co. Inc. backed out of a five-year deal to purchase a cold medication to sell under its brand name.

  • October 11, 2018

    Hanover Loses Bid To Block Contractor From Spending $2.3M

    Hanover Insurance Co. lost a bid Wednesday for an order blocking Oryx Oilfield Holdings LLC from spending $2.3 million the insurer says the contractor wrongfully obtained after allegedly lying to a Texas city that the money belonged to the contractor and not in an account for the insurer.

  • October 11, 2018

    GE Cos. Must Arbitrate $500M LNG Dispute, Court Hears

    Luxembourg-based International Engineering & Construction SA and a Nigerian subsidiary have asked a New York federal court to force a pair of General Electric units to arbitrate a $500 million dispute stemming from several contracts relating to the sale and operations of two liquefied natural gas plants.

  • October 11, 2018

    Gates Owes $368K For Mueller Probe Work, Ex-Counsel Says

    The law firm Doar Rieck Kaley & Mack accused Rick Gates, a former member of President Donald Trump's campaign and an ex-business associate of Paul Manafort, in New York federal court on Thursday of skipping out on a $368,525 bill for its work stemming from charges brought by Special Counsel Robert Mueller.

  • October 11, 2018

    Airline Contractor Sues Supplier Over Banned Hand Sanitizer

    Airline amenities provider Linstol USA LLC sued a hand sanitizer maker Thursday in Florida federal court for allegedly failing to tell Linstol of a U.S. Food and Drug Administration ban on the product, which Linstol says cost the company its contract with United Airlines.

  • October 11, 2018

    Texas Justices Told NDA Suit Beats Anti-SLAPP Dismissal Bid

    A paramedic training company trying to revive claims that a former employee smeared its reputation in violation of a nondisclosure agreement told the Texas Supreme Court in oral argument on Thursday that it has shown enough evidence of damages for its case to move forward.

  • October 11, 2018

    BHP Says Bankrupt Driller Must Repay $9M In Royalties

    Units of global mining and petroleum giant BHP on Wednesday launched a complaint in Texas bankruptcy court against EXCO Resources Inc., saying the bankrupt driller won't turn over at least $9.3 million in oil and gas production royalties and other payments owed to BHP from drilling properties that EXCO operated.

  • October 11, 2018

    Grassley Seeks FTC Probe Of Hospital, Insurer Contracts

    The Federal Trade Commission should immediately look into allegations that hospitals are driving up health care costs by nailing down anti-competitive, high-price contracts with insurers, Senate Judiciary Chairman Chuck Grassley, R-Iowa, told the agency Wednesday.

  • October 11, 2018

    HTC Told To Reveal Google Transaction Records To Ericsson

    HTC must hand over records of a Google transaction in its lawsuit accusing Ericsson of overcharging for aging standard-essential patents, after a judge said the information may aid Ericsson's counterclaims accusing the Taiwanese smartphone maker of offering unfair licensing rates.

  • October 11, 2018

    Roller Coaster Model Co. Wants To Arbitrate Lego Dispute

    A company that designs models of roller coasters told an Illinois federal judge Wednesday that if its agreement with a Lego product design firm is enough to support the firm’s breach of contract suit, then the agreement’s arbitration clause must be enforced.

  • October 11, 2018

    Smart Contacts, Cyberattacks Are New Norm, Experts Say

    DocuSign’s chief legal officer and Visa Inc.'s vice president of global risk told attorneys at DLA Piper’s technology conference in Silicon Valley on Wednesday that so-called smart contracts capable of electronically processing contractual steps will soon be commonplace, while security experts warned that cyberattacks are a new norm.

  • October 11, 2018

    AIG Unit Owes $24M For TVA Plant Work, Subcontractor Says

    A boiler and mechanical subcontractor involved in a project sanctioned by the Tennessee Valley Authority launched a lawsuit in Tennessee federal court Wednesday, claiming a general contractor’s failure to pay under the contract puts an AIG unit on the hook for $24 million.

  • October 10, 2018

    Navillus Navigates Through Ch. 11, Sees Plan Confirmed

    Navillus Tile Inc., a significant player in major New York City construction projects, received bankruptcy court approval Wednesday to fulfill a plan of reorganization that will allow the contractor to emerge from Chapter 11 intact and placate its once-adversarial union workforce.

  • October 10, 2018

    No Commission On $75M Fla. Land Deal, Appeals Court Says

    A Florida appeals court on Wednesday reversed a $1.5 million jury award for a man who said Florida Power and Light owed him commissions on land it bought after he schmoozed with an FPL exec at a tailgate party, saying there was no evidence the executive was an “agent” who could commit the company to such payouts.

  • October 10, 2018

    Alcatel Again Escapes NJ Suit Over $1.2B Pension Transfer

    A New Jersey federal judge on Wednesday tossed a lawsuit against Alcatel-Lucent from two unions and four onetime company employees over its combined transfer of roughly $1.2 billion and thousands of members between pension plans, finding that the plaintiffs lacked standing and did not state viable claims under the Employee Retirement Income Security Act.

  • October 10, 2018

    2nd. Circ. Throws Out Order Blocking Lynyrd Skynyrd Movie

    The Second Circuit on Wednesday overturned a court order halting production of a film about the 1977 plane crash that killed members of Lynyrd Skynyrd, but refused calls from critics to declare the earlier ruling "a classic First Amendment violation."

  • October 10, 2018

    5th Circ. Won't Revive Golf Ball-Tracking Technology Suit

    A high-tech golf range startup can't pursue claims that a rival squeezed it out of the market by nabbing key golf ball-tracking technology because its antitrust suit only speculated about future injury, the Fifth Circuit ruled on Tuesday.

  • October 10, 2018

    Japan Ends Airbnb Antitrust Probe After Listing Rule Waived

    Japan’s antitrust watchdog announced Wednesday that it was closing a monopoly investigation into Airbnb after the home-sharing giant waived its right to enforce contract restrictions barring third-party lodging management providers from using its competitors to list accommodations.

  • October 10, 2018

    Eli Lilly Sues French Ex-Partner Over Patent Inventorship

    Eli Lilly & Co. has accused French biotech firm Adocia SA, with which it had a short-lived research partnership to develop insulin drugs, of falsely claiming that it should be listed as an inventor on a set of Lilly’s other, unrelated insulin patents.

  • October 9, 2018

    Westgate Suit Against 'Timeshare Exit' Firm Moves Forward

    A Florida federal judge trimmed several counts Tuesday from a lawsuit in which timeshare operator Westgate Resorts Ltd. accuses law firm U.S. Consumer Attorneys PA of misleading its customers into attempts to break their contracts for its own gain, but allowed most core claims to proceed.

Expert Analysis

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • UCC Incorporation By Reference: An Imperfect Way To Perfect

    Michael Karpen

    The Uniform Commercial Code allows a fair amount of flexibility when it comes to collateral descriptions in UCC-1 financing statements. But given a recent decision in the Puerto Rico bankruptcy, counsel should refrain from relying on extrinsic documents when seeking to perfect a security interest, say attorneys with Troutman Sanders LLP. 

  • How US And EU Sanctions Clash With Russian Antitrust Laws

    Stefan Weber

    U.S. and EU sanctions on Russia are forcing many international companies to carefully evaluate and restructure their contractual relationships with Russian counterparties. In this process, Russian antitrust law provides obstacles that may be difficult to overcome in some situations, say attorneys with Noerr Consulting AG.

  • 3 Key Employment Law Issues To Keep An Eye On

    Lovita Tandy

    Employment lawyers dare not turn away from their news feeds lest they miss the next critical case law update. Lovita Tandy of Tandy Legal and Bonnie Burke of Lawrence & Bundy LLC review the latest on sexual orientation discrimination, employee arbitration agreements and joint employer liability.

  • Product Liability For Online Marketplaces And Car-Sharing

    Steven Kramer

    Just as Amazon and other online retail intermediaries have raised new product liability questions, similar questions are being asked about companies that provide short-term vehicle rentals. The legal theories that insulate online marketplaces from strict product liability concerns can also be applied to car-sharing businesses, says Steven Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Athlete Activism Is Changing Partnerships With Brands

    Michael Rueda

    Morals clauses are common in endorsement deals but are typically in favor of the brand. Given today's socially aware environment, athletes should negotiate to protect their personal brands from the negative reputational impact that could result from actions by their commercial partners, say Michael Rueda and Gregory Pun of Withers LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • 3rd Circ. Deepens Uncertainty Over FINRA Arbitration

    David Cinotti

    The Third Circuit's decision last month in Reading Health System v. Bear Stearns adds to a circuit split on whether a contractual forum-selection clause supersedes or waives Financial Industry Regulatory Authority arbitration. However, U.S. Supreme Court review of the issue might be premature, says David Cinotti of Pashman Stein Walder Hayden PC.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.