Commercial Contracts

  • October 11, 2017

    Cancer Center Settles Genetic Testing Licensing Breach Suit

    The research wing of Philadelphia’s Fox Chase Cancer Center has settled a lawsuit that accused two genetic testing companies of violating a license agreement for proprietary technology developed by Fox Chase, according to a Pennsylvania state court filing Tuesday.

  • October 11, 2017

    Rail Shippers Denied Cert. In Fuel Surcharge Antitrust Row

    A group of rail shippers lost their bid for class certification in long-running multidistrict litigation accusing railroad giants of conspiring to fix fuel surcharges after a D.C. federal judge ruled Tuesday that there were still some individualized issues and the plaintiffs’ model for calculating damages was flawed.

  • October 11, 2017

    Tribe Bought Patents With Immunity Promise, Allergan Says

    The Saint Regis Mohawk Tribe agreed to assert immunity during patent challenges and extend that immunity to Allergan Inc. in exchange for Allergan giving it ownership of patents protecting the dry eye treatment Restasis, the drugmaker said Tuesday after a federal judge in Texas told it to prove the deal wasn’t a “sham.”

  • October 11, 2017

    Software Co. Hits Home Invest For Stolen Code, Broken Deal

    Chicago-based real estate investment company Home Invest LLC was sued Tuesday in Illinois federal court by a Florida software developer and consultant that say that, only two months into a contract to revamp Home Invest's information technology functions, the client has flouted major contract terms, missed payments and stolen the developer's code.

  • October 10, 2017

    Texas Justices Weigh Atty Pay After Oral Contingency Deals

    Texas Supreme Court justices on Tuesday questioned whether attorneys can collect a “reasonable value” for their work on behalf of clients if that value is tied to any type of contingency, as they weigh whether to throw out a $7.25 million award for Shamoun & Norman LLP’s work in a dispute over a Hunt Petroleum Corp. heir’s family estate.

  • October 10, 2017

    Prudential Sues Legal Plan Provider Over Loan Audits

    Prudential Insurance hit Pennsylvania-based legal plan provider The Legal Coverage Group and its chief executive on Friday with a $33.8 million lawsuit in New York claiming the company has repeatedly defaulted on the terms of a $40 million financing deal and dodged calls for audited financial statements.

  • October 10, 2017

    9th Circ. Asked To Rehear 'Supercookies' Arbitration Row

    Turn Inc. is pushing the Ninth Circuit to reconsider a panel decision that allowed Verizon subscribers to avoid arbitrating their putative class action accusing Turn of secretly tracking them with "supercookies," arguing that the holding "trampled" the law and would "open the floodgates" to bids to dodge arbitration agreements.

  • October 10, 2017

    Insurer Can't Compel Arbitration In $12M Halliburton Row

    An insurer can’t force Halliburton Energy Services Inc. to arbitrate a dispute over whether it's liable for about $12 million the insurer paid Statoil ASA for an explosion at an Ohio oil and gas site where Halliburton was conducting fracking operations, a Texas federal judge held Tuesday.

  • October 10, 2017

    REIT Biz Says Md. Charter Blocks Ex-Officers' Del. Fee Claims

    The successor to real estate investment trust mogul Nicholas S. Schorsch’s American Realty Capital Partners asked Delaware’s Chancery Court to toss more than $16 million in legal fee demands from Schorsch and three other former Vereit Inc. figures, arguing that the company’s Maryland charter controls the forum.

  • October 10, 2017

    Reed Smith Signs Sports Insurance Recovery Expert

    Reed Smith LLP said Tuesday it has added sports and entertainment insurance specialist Richard C. Giller as a partner in its Los Angeles insurance practice.

  • October 10, 2017

    Adidas Ends 3-Stripe Trademark Suit Against Juicy Couture

    Adidas has reached a settlement to end a trademark lawsuit against Juicy Couture over apparel that allegedly infringed the German giant's "three-stripe" trademark, according to court papers filed Tuesday.

  • October 10, 2017

    BNY Mellon Slams MBS Investors' Bid To Revisit Quick Wins

    The Bank of New York Mellon has pushed back against investors’ bid to have a New York federal judge rethink some of the quick wins she gave the bank earlier this month in their suit over its alleged failures as trustee for a slew of residential mortgage-backed securities trusts.

  • October 10, 2017

    Mass. Hospitality Group Refinances 3 Boston-Area Hotels

    A Massachusetts-based hospitality firm has refinanced a three-property hotel portfolio totaling 623 rooms in the Boston-area towns of Natick and Somerville, commercial real estate broker Holliday Fenoglio Fowler LP said Monday.

  • October 10, 2017

    Fox Units Urge Court To Toss Soccer TV Rights Bribery Suit

    A group of 21st Century Fox Inc. units on Monday told a Florida federal judge that a bribery and antitrust lawsuit against them over broadcast rights for South American soccer tournaments should be dismissed thanks to “incurable” defects running rampant in the amended complaint.

  • October 10, 2017

    Landowners Lose $4M Suit Accusing Dakota Access Of Fraud

    A North Dakota federal judge on Tuesday handed a win to Dakota Access LLC over a group of landowners claiming it and another company made various misrepresentations to them while negotiating easements for its controversial pipeline.

  • October 10, 2017

    Heckler & Koch Can't Pause Orbital's $27M Army Deal Suit

    U.S. defense contractor Orbital ATK Inc.’s $27 million dispute with Heckler & Koch GmbH over a U.S. Army contract won’t be paused while the German arms manufacturer appeals to the Eighth Circuit in an effort to have the case arbitrated, a Minnesota federal magistrate judge has said.

  • October 10, 2017

    Justices Deny Ex-Stanford Advisers' Arbitration Appeal

    The Supreme Court on Tuesday denied a petition from former financial advisers seeking to force arbitration from an alleged $7 billion Ponzi scheme run by R. Allen Stanford, turning down their bid to force arbitration with the funds receiver over $215 million.

  • October 6, 2017

    Apple's Top Legal Eagle Retiring, Ex-Honeywell Exec New GC

    Apple Inc.’s general counsel is retiring and will be replaced by a former Honeywell senior vice president and GC, the phone and computer titan announced Friday.

  • October 6, 2017

    Judge Sits Out Discovery Row In MarkitSERV Suit, For Now

    MarkitSERV Ltd. and the financial technology company accusing it of monopolizing the market for interest rate swap trade processing services have been told by a New York federal judge that they should take some more time to work out their discovery dispute over trading data before he’ll intervene.

  • October 6, 2017

    Benefits Portal Biz Wants Derivative Suit Cut Short

    A Massachusetts lawyer and his father-client are using a federal suit, recently filed amid a protracted battle for control of an internet employee-benefits company, as “leverage” against a $1.5 million verdict springing from the same dispute, the company's executives said Thursday.

Expert Analysis

  • 4 Steps To A Successful Outsourcing Contract

    James Meadows

    The cause of British Airways' estimated £80 million information technology failure in May 2017 was human error, but human error outsourced. These kinds of disasters bring into sharp relief the exposures that may trip up even the most well-intentioned outsourcing arrangements, say James Meadows and Heather Clauson Haughian of Culhane Meadows PLLC.

  • Fast And Frictionless: Key Legal Issues In POS Loans

    David Bright

    In order to deliver the fast lending experience that today's consumers want, the strategic partnerships in a point-of-sale loan program must be carefully negotiated and crafted to arrive at an approach that complies with consumer loan regulations and other laws. In addition, these partnerships must allow for critical "behind the scenes" sharing and coordination, says David Bright of Holland & Knight LLP.

  • Finding The Unicorn In Lender Liability Litigation

    Jerry Blanchard

    Investors frequently talk about trying to find the next unicorn, that small startup company that is going to turn into a billion-dollar valuation. The New Jersey district court's recent decision in PNC Bank v. Star Group offers debtors counsel hope that a unicorn has finally arrived in the lender liability context, says Jerry Blanchard of Bryan Cave LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.

  • Navigating The Amazon: Retail Leases Must Evolve

    Excerpt from Lexis Practice Advisor
    S.H. Spencer Compton

    Amazon has changed the way consumers shop, and shopping center owners have reacted by repositioning their properties in a variety of ways. Both retail tenants and landlords need to be optimistic and nimble, and both sides should be accommodating when faced with failing results, say S.H. Spencer Compton of First American Title Insurance Co., and attorney Diane Schottenstein.

  • Cautionary Tales For Landlords Of Bankrupt Tenants

    Marshall Hogan

    If the past year is any indication, landlords of bankrupt retail tenants may want to be especially mindful of Section 502(b)(6) of the Bankruptcy Code, which may limit their ability to recover certain damages, says Marshall Hogan of Foley & Lardner LLP.

  • Are Noncompetes With Independent Contractors Enforceable?

    Kevin Burns

    Recently, employers have been focused on the distinction between employees and independent contractors, but an area that has received less attention is the impact of classifying a worker as an independent contractor to a noncompetition agreement. The Eighth Circuit recently addressed this issue in Ag Spectrum Co. v. Elder, says Kevin Burns of Fisher Phillips.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.