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Commercial Contracts

  • August 15, 2018

    Mass. Grocers Appealing Loss In Wholesaler Antitrust MDL

    New England grocery store operators told a Minnesota federal court Wednesday they plan to appeal a July loss in multidistrict litigation accusing Supervalu Inc. of agreeing to not compete for customers with C&S Wholesale Grocers Inc. in the wholesale supply of groceries.

  • August 15, 2018

    Arbitration Deal Doomed By Its Own Language: Calif. Panel

    A California state appeals court on Tuesday affirmed an order voiding an agreement staffing company Robert Half International Inc. had cited in seeking to send an ex-worker’s proposed wage class action to solo arbitration, saying the company’s overbroad arbitration pact doomed itself.

  • August 15, 2018

    Music Rights Co. Can't Get Suit Against Radio Group Going

    A California federal judge on Tuesday refused to resume Global Music Rights LLC's suit alleging that industry group Radio Music License Committee Inc. is operating an "illegal cartel," telling the performance rights organization it should litigate in Pennsylvania, where it was sued first.

  • August 15, 2018

    NY Tunnel Rehab Contractor Dodges Some Race Bias Claims

    The general contractor on a New York City tunnel rehabilitation project on Tuesday dodged claims brought under city, state and federal civil rights laws in a suit alleging it was racially motivated when it scrapped a contract with an African American-owned business.

  • August 15, 2018

    'Star Wars' Book Dealer Sued Over Translation Credit Error

    Book distributor Readerlink Distribution Services LLC got hit with a lawsuit in Illinois federal court Tuesday by a woman who says it is selling a "Star Wars" book that misattributes its shoddy Spanish translation to her and hasn't destroyed the books despite indicating several times it would.

  • August 15, 2018

    600 Lb. Gorillas, Mister Cookie Face Case In Jury's Hands

    A nearly $4 million breach of contract case over the butterfat content of ice cream sandwiches is in the hands of a Massachusetts federal jury after attorneys on Wednesday argued over whether Mister Cookie Face LLC ruined dessert maker 600 lb. Gorillas Inc.'s business by changing a formula that left customers with an icy taste in their mouths.

  • August 15, 2018

    Dish Says $280M Telemarketing Penalty ‘Legally Indefensible’

    Dish Network continues to urge the Seventh Circuit to upend a $280 million judgment won by state and federal regulators over violations of do-not-call laws, arguing in a recent brief that government officials can’t defend a decision “premised on basic legal errors.”

  • August 15, 2018

    ETP Exec Wants Co. Kept Out Of His $20M Fraud Suit

    The CEO of Energy Transfer Partners LP has moved to quash a subpoena seeking documents from the company in his personal $20 million fraud suit against Advanced Particle Therapy LLC, saying the material is irrelevant to the case and the subpoena is harassment against the company.

  • August 14, 2018

    Tinder Founders Sue Match For $2B Over Stock Options

    A slew of Tinder founders, early employees and current executives hit the dating app’s parent companies, IAC and Match Group Inc., with a $2 billion suit in New York state court Tuesday, accusing the companies of deliberately tanking the valuation of the dating app in order to lessen the value of their stock options.

  • August 14, 2018

    Rimini Still Owes Oracle $28.5M Attys' Fees In IP Suit

    A Nevada federal judge on Tuesday ordered Rimini Street Inc. to pay Oracle Corp. $28.5 million in attorneys' fees after years of litigation in their copyright infringement case, saying the award was still justified even though the Ninth Circuit reversed Oracle’s state-law claims.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Italian Engineering Co. Must Arbitrate Power Plant Row

    A New Jersey federal judge ordered an Italian engineering contractor to arbitrate its defamation lawsuit against a U.S. manufacturer of steam condensers, rejecting arguments that the dispute stemming from a power plant project fell outside an underlying arbitration clause.

  • August 14, 2018

    AT&T Customers Win Cert. In Roaming Fees Class Action

    A California federal judge certified a class of AT&T customers who accused the company of misleading them about overseas roaming fees, finding in the long-running suit that, though the customers had gotten information from different sources, their claims could be heard as a group.

  • August 14, 2018

    Napoli, 14 Law Firms Can't Escape Asbestos Referral Suit

    A Maryland federal judge said Tuesday that New York attorney Paul Napoli can’t shut down a suit over unpaid fee arrangements just because most of the work in question was done outside of the Old Line State, finding there’s enough of a connection to exercise jurisdiction.

  • August 14, 2018

    Miami's Suit Over Marlins Sale Heads Back To State Court

    A Florida federal judge has agreed with Miami-Dade County and the city of Miami that their suit against the Miami Marlins belongs in state court, ruling Tuesday that the dispute over the team’s $1.2 billion sale was removed to federal court prematurely.

  • August 14, 2018

    NLRB Can Pursue Retaliation Case Against Menard: Judge

    A Wisconsin federal judge on Tuesday ruled that the National Labor Relations Board didn't jump the rails of federal labor law when it pursued a retaliation complaint against Menard Inc. on behalf of a contractor, saying the agency acted within its authority and the retailer will be able to appeal an outcome it doesn't like.

  • August 14, 2018

    Atty's 'Thumbs-Up' On Monster Deal Isn't Binding: Calif. Panel

    A California appeals court said Monday that an attorney didn’t breach the terms of his clients’ wrongful death settlement with Monster Energy Co. by talking to a reporter about the deal, finding that the attorney had merely given his “professional thumbs-up” by signing the contract and he wasn’t a party to it.

  • August 14, 2018

    Homeowners Ask For Class Cert. In Defective Shingles Case

    At least 1,000 people could be part of a proposed class claiming CertainTeed Corp. made defective asphalt roofing shingles and isn’t fairly compensating some people who have them on their homes, a pair of homeowners told a Washington federal court Monday.

  • August 14, 2018

    REIT Seeks To Arbitrate Homeowner’s Joist Defect Suit

    Weyerhaeuser Co. on Monday urged a Minnesota federal court to force a homeowner to arbitrate his claims that defective joists in his home gave off formaldehyde gas, arguing that not doing so would run afoul of a home purchase agreement and create more confusion.

  • August 14, 2018

    5th Circ. Backs Deere Arbitration Bid In Contract Dispute

    The Fifth Circuit has found that a Mississippi farming and landscaping equipment dealer must go to arbitration to settle a contract dispute with Deere & Co., saying a provision to compel arbitration stands even though the contract providing that provision was terminated.

Expert Analysis

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • State Tax In The Aviation Industry — Midyear Update

    David Dorner

    In this article, David Dorner and Brent Beissel of Reed Smith LLP focus on some noteworthy sales and use tax law changes, cases, rulings and secondary legal guidance, as well as review a newly filed New Jersey corporate income tax case involving transfer pricing adjustments to the payments under an intercompany aircraft lease.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.