Commercial Contracts

  • August 15, 2017

    Saudi Bank, HSBC Largely Dodge 2005 Jordan Bombing Suit

    A federal judge in Chicago on Monday dismissed a case against a Saudi bank alleging that it helped fund a 2005 terror attack in Jordan while allowing some claims to move forward against HSBC Holdings PLC’s North American and U.S. units.

  • August 15, 2017

    CFPB Says Tribal Online Lender Case Belongs In Illinois

    The Consumer Financial Protection Bureau urged an Illinois federal judge Monday not to transfer a suit claiming four Native American tribe-owned companies charged excessively high interest for online loans, saying there’s much more reason to keep the suit in Illinois than to move it to the companies’ preferred Kansas venue.

  • August 15, 2017

    Golf Club Maker Fights Bid To Enforce $19M Arbitral Award

    A golf club shaft manufacturer urged a California federal judge on Monday to reject a Korean investment fund’s bid to enforce an approximately $18.8 million arbitral award against the company, saying the court should vacate the ruling entirely or wait until the resolution of a related proceeding in South Korea.

  • August 15, 2017

    TransPerfect Mom Seeks Appeal Of Meeting Bid Rejection

    Shirley Shawe, the mother of one of TransPerfect’s embattled co-CEOs, asked the Delaware Chancery Court late Monday to allow an early appeal of the decision sinking her bid for a shareholder meeting she claims would have broken the deadlock that sparked a court-ordered sale of the legal translation firm.

  • August 15, 2017

    Lighting Co. Can Serve Ex-Distributor Through Facebook

    A Wisconsin magistrate judge on Monday allowed LED lighting manufacturer Cree Inc. to serve the Mexican affiliate of BHB Energy LLC through its Facebook page, noting that Cree had hit dead ends in previous attempts to rope the affiliate into a suit seeking to arbitrate a dispute stemming from a distribution agreement.

  • August 15, 2017

    NASCAR Must Face Discrimination Suit

    A North Carolina federal judge on Monday kept alive a suit by the founder of an organization that promotes African-American race car drivers and teams accusing NASCAR of discriminating against him and his organization by refusing to contract with him.

  • August 15, 2017

    $9M Timex Watch Row Belongs In Court, Distributor Says

    A distributor in a $9.4 million dispute with two watch companies over designer brands sold in the U.S. told a New York federal judge Friday that the case can’t be referred to arbitration because the parties have waived that right.

  • August 15, 2017

    Sharp Sues To Lift Gag Order On Hisense Arbitration

    Sharp Corp. filed a lawsuit in Washington, D.C., federal court Tuesday to lift a gag order barring the electronics maker from discussing ongoing arbitration against Chinese state-owned Hisense Co. Ltd., attacking what it called a blatant First Amendment violation by a Singapore arbitrator.

  • August 14, 2017

    Locke Lord Sanctions Bid Should Be Dropped, Judge Says

    A New York magistrate judge on Monday recommended tossing a post-judgment sanctions bid from the co-founder of an online diamond sale facilitator against his former company and its counsel Locke Lord LLP after the court had awarded him $134,000 in damages in the company's suit accusing him of going rogue, claiming he owns its patents and stealing proprietary software.

  • August 14, 2017

    ‘Walking Dead’ Producers Accuse AMC Of Ripping Off Profits

    The producers of the hit show “The Walking Dead” filed a breach of contract lawsuit against AMC Film Holdings LLC and several other AMC entities in California Superior Court Monday, claiming that the network is not honoring its contracts and using its corporate structure to keep an unfair share of the profits garnered by the show and its spinoffs.

  • August 14, 2017

    Jefferson Starship Co-Founder's Suit Over Name Can Proceed

    A California federal judge on Friday declined to dismiss a lawsuit over the use of the band name Jefferson Starship brought by original member Craig Chaquico, who says today's lineup lost the right to use it when fellow founder Paul Kantner died in 2016.

  • August 14, 2017

    PGA Tour Says Singh Still Can't Prove Loss Over Antler Spray

    A dispute over whether a New York judge should rethink a ruling that kept alive former top-ranked professional golfer Vijay Singh’s four-year-old suit against the PGA Tour over his suspension for using deer antler spray continued Friday as the tour argued the judge took into account evidence that should have been ruled inadmissible.

  • August 14, 2017

    Lear Gets $60M Escrow Fund Suit Tossed

    A Delaware federal judge on Monday dismissed a suit over nearly $60 million placed in escrow for environmental liabilities during the sale of a car upholstery company, saying that the contract was unambiguous and the buyer, Lear Corp., has fulfilled all the criteria to keep it there as the U.S. Environmental Protection Agency works on a remediation project.

  • August 14, 2017

    Judge Won't Dismiss FCA Suit Against Alaska Native Co.

    An Alaska federal judge on Friday refused to toss a False Claims Act suit contending that an Alaska Native corporation took unfair advantage of a Small Business Administration contracting program for disadvantaged groups, saying the company’s alleged misrepresentations about its subsidiaries were material to the agency allowing them to take part in the program.

  • August 14, 2017

    Agriculture Co. Fights Order Axing Challenge To $1.4M Award

    An agricultural processing company has appealed a Singapore court’s rejection of its challenge to a $1.4 million arbitral award issued to a trading company in a dispute over a corn sales contract, a decision a judge had made when he found the arbitral tribunal had not exceeded its jurisdiction.

  • August 14, 2017

    TerraVia Wants IP Award Row Sent To Del. Bankruptcy Court

    Bankrupt algae-based food producer TerraVia Holdings Inc. asked a district court judge in Delaware to transfer two lingering intellectual property suits to bankruptcy court late Friday, saying closure is critical to the company’s planned Chapter 11 auction.

  • August 14, 2017

    Baseball League Must Let Team Owner Depose Commissioner

    An Indiana federal magistrate judge on Monday decided an independent baseball league must allow a team owner suing over an unsuccessful expansion venture to depose the league’s commissioner, saying the league should not have denied him the opportunity.

  • August 14, 2017

    Obermayer Adds Energy Title Partner In Pittsburgh

    Obermayer Rebmann Maxwell & Hippel LLP announced Monday that it had landed a former Jackson Kelly PLLC member who specializes in title work to its Pittsburgh office in order to boost its capabilities in energy-related transactions.

  • August 14, 2017

    Morton Salt Served With Infringement Suit By Ex-Partner

    Salt giant Morton and its German parent company, K+S Salt LLC, were hit with a 15-count suit in Illinois federal court on Friday that claimed Morton violated trade secret, trademark and contract law after ending a decadeslong business relationship with a smaller salt company.

  • August 14, 2017

    Lloyd's Says Phelps Dunbar Suit Belongs In US Court

    A group of Lloyd's of London underwriters suing Phelps Dunbar LLP for malpractice over an allegedly bungled $45 million underlying lawsuit told a California court Friday it never agreed to arbitrate disputes with the firm, arguing the case shouldn't be sent to arbitration in the U.K.

Expert Analysis

  • CIMLA And The Confusion Around Maritime Liens

    Brian Maloney

    Although the Commercial Instruments and Maritime Lien Act was enacted to clarify confusion regarding the rights and remedies of participants in the shipping industry, recent global insolvencies of entities such as O.W. Bunker and Hanjin have forced courts to reconsider the text, history and purpose of a seemingly straightforward federal statute, say Brian Maloney and Laura Miller of Seward & Kissel LLP.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • 2nd Circ. Offers Insight On 'Class Arbitration' Questions

    Gilbert Samberg

    Beginning with its decision Monday in Jock v. Sterling Jewelers, which upset a lower court’s confirmation of an arbitrator’s “class certification award,” the Second Circuit has now begun to nibble at the question of whether “class arbitration” is ultimately viable, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Some Needed Certainty On Administrative Expense Status

    Mark Sherrill

    Debtors in bankruptcy have often used the ambiguity surrounding the meaning of the word “received” as a tool to fight against administrative expense claims. Earlier this month, the Third Circuit issued an opinion in the case of World Imports that will likely be highly influential on this matter, says Mark Sherrill of Eversheds Sutherland.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Attempting To Limit Class Action Waivers And The FAA

    John Hansen

    Two efforts are currently underway to limit the effect of the U.S. Supreme Court's past decisions involving anti-class action arbitration clauses in both consumer and employment agreements. However, both efforts are under attack, says John Hansen of John Hansen Law.

  • Financial Covenants In Project Financing: Key Points

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    Project finance lenders typically require that borrowers agree to financial covenants in loan agreements, prescribing the parameters within which the business venture may operate. These covenants and related provisions are often highly negotiated, and reflect the ultimate confidence of the parties in the financial success of the project, say Emeka Chinwuba and Laura Pettinelli of Norton Rose Fulbright LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.