Commercial Contracts

  • December 7, 2017

    Air Force Contractor, Subcontractor Settle $9M Suit

    U.S. Air Force contractor Space Coast Launch Services LLC reached an undisclosed settlement in Florida federal court Thursday with space launch operations support subcontractor Yang Enterprises Inc. in the subcontractor's breach of contract suit accusing Space Coast of underpaying it $9 million, according to settlement conference minutes.

  • December 7, 2017

    NJ Sandy Coverage Row Still Sunk By Lack Of Expert Affidavit

    A New Jersey state appeals court on Thursday refused to revive a lawsuit against an insurance broker from a medical practice and nutritional health business over Superstorm Sandy-related coverage, saying a trial court rightfully tossed the action over the company’s failure to submit an expert affidavit.

  • December 7, 2017

    Liberian Gold Mining Co. Wants $6.9M Award OK'd

    A Liberian mining company has asked a Virginia federal court to confirm a $6.9 million arbitral award issued against a construction company in a dispute over earthwork projects at a gold mine in Liberia, arguing that the parties agreed to binding arbitration.

  • December 7, 2017

    Trusts Assert Control In $22M CFPB Student Loan Suit

    The recently affirmed owner of a $12 billion fleet of securitized student loan trusts moved late Wednesday to lock in its authority to settle a regulatory agency’s pending $22 million federal consent decree over debt collection practices, despite a seeming slowdown in the Delaware case.

  • December 7, 2017

    Pa. Appeals Court Revives Medical Practice Ownership Fight

    In a decision interpreting the state statute governing limited liability companies, a Pennsylvania appeals court issued a published opinion Thursday finding that the majority owners of a defunct ophthalmology practice owed a duty to minority owners as they pursued a deal to sell the business.

  • December 7, 2017

    Third Federal Judge Exits Tribe's Dispute With Ex-Worker

    A Utah federal judge recused herself Wednesday from hearing the Ute Indian Tribe’s action looking to prevent a former employee of the tribe’s energy and minerals department from pursuing an underlying contract dispute in state court, becoming the third jurist to bow out of the federal suit since it was filed last year.

  • December 7, 2017

    Georgia-Pacific Breached $1.9M Sale Deal, 1st Circ. Told

    A Massachusetts federal court was wrong to dismiss a lawsuit accusing Georgia-Pacific LLC of breaching an agreement to sell 88 railroad cars to a Massachusetts real estate company for $1.9 million, the real estate company told the First Circuit on Wednesday.

  • December 7, 2017

    Investors Blast BNY Mellon Bid To Sever Claims In RMBS Suit

    Investors suing the Bank of New York Mellon over its alleged failures as trustee for a slew of residential mortgage-backed securities trusts have told a New York federal judge that it’s not necessary to split off their claims related to one particular trust for which the bank acted not as trustee but as master servicer.

  • December 7, 2017

    Cypriot Real Estate Co. Awarded Rights To Kiev Shopping Mall

    A Cypriot company that runs several shopping centers in Ukraine said Thursday that a London court has rejected challenges to its rights in a Kiev mall, settling a yearslong dispute over the shopping center’s rightful ownership.

  • December 7, 2017

    Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

    Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.

  • December 7, 2017

    SM Energy Seeks Reopening Of Boomerang Tube Ch.11 Case

    Oil and gas company SM Energy Co. on Wednesday asked a Delaware bankruptcy court to reopen the Chapter 11 case of pipeline manufacturer Boomerang Tube LLC, in order to modify the plan’s discharge injunction so SM Energy can sue Boomerang over busted piping that cost it $9 million.

  • December 7, 2017

    GreenStar Demands Full $21M Appeal Bond From Tutor Perini

    Interest holders in GreenStar Services Corp. on Wednesday opposed a motion from buyer Tutor Perini Corp. to stay payment of a $21 million judgment pending its appeal of a suit in Delaware Chancery Court over unpaid earnout compensation, saying Tutor Perini must provide a surety bond for the full amount.

  • December 6, 2017

    Bank Tells 11th Circ. Irrelevant Evidence Backed $3M Ruling

    One of Guatemala's largest banks urged the Eleventh Circuit on Wednesday to reverse a $3.3 million jury verdict a Miami-based corporate finance advisory firm won against it for reneging on contract fees, saying the trial court's judgment was based on irrelevant evidence it should have excluded.

  • December 6, 2017

    Chinese Firm Buys Part Of High-Rise In Newark's Downtown

    Several floors of a Newark, New Jersey, commercial high-rise that’s home to Seton Hall University School of Law have been purchased by Chinese developer Beijing Ideal Group Co. Ltd., marking a transaction that real estate investment firm Jones Lang LaSalle Inc. said Tuesday is indicative of growing investment in the city’s thriving business and cultural mecca.

  • December 6, 2017

    Del. Justices Urged To Remand S. China Livestock Case

    A Chancery Court judge neglected the “law of the case” in a summary ruling that tossed claims against the former executive of a failed and allegedly plundered Chinese livestock company, an attorney for the company’s receiver told Delaware’s Supreme Court on Wednesday.

  • December 6, 2017

    Dried Fruit Co. Found To Have No Agreement To Arbitrate Suit

    A Dutch food-processing equipment maker can't arbitrate claims against an Oregon dried fruit producer before the International Chamber of Commerce in a lawsuit over an allegedly faulty machine for drying blueberries, an Oregon federal court ruled on Tuesday, saying the parties had no agreement to arbitrate contract disputes.

  • December 6, 2017

    Shell Unit Broke Pact To Take Oil After Spill, Suit Says

    A Royal Dutch Shell PLC affiliate was hit with a lawsuit in Texas court Tuesday accusing it of breaching an agreement to accept crude oil deliveries from an All American Oil & Gas Inc. subsidiary following a pipeline rupture that spilled about 20,000 gallons of oil in California.

  • December 6, 2017

    Fed. Circ. Questions $133M ‘Taking’ Of Dallas Air Terminal

    A Federal Circuit panel on Wednesday had tough questions for both the government and particularly the leaseholders of a demolished Dallas airport terminal that won a $133.5 million judgment over the terminal’s closure, with at least one judge wondering how a “taking” could have occurred.

  • December 6, 2017

    Morgan Lewis Says Ex-Client Suing For $30M Waived Conflicts

    Morgan Lewis & Bockius LLP argued in a filing docketed Tuesday that a former client suing the firm in Pennsylvania state court for $30 million over an alleged betrayal had twice waived any conflicts stemming from the firm’s representation of potential adversaries.

  • December 5, 2017

    Boeing Owes $11M Attys' Fees In Contract Dispute

    A Delaware state court on Tuesday awarded Spirit AeroSystems Inc. more than $11 million in attorneys’ fees from Boeing after the aircraft component manufacturer prevailed in a dispute over whether it had assumed responsibility for retiree benefits as part of a 2005 asset purchase agreement, saying the fee request was reasonable and properly supported.

Expert Analysis

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • 10 Suggestions For Drafting Better Real Estate Documents

    William Hof

    While there can be no definitive list of do’s and don’ts, the 10 simple suggestions discussed in this article address many of the most commonly occurring style and formatting issues found in commercial real estate documents, says William Hof of Husch Blackwell LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Opinion

    Calif. Law Should Lead The Way For Consumer Protection

    Brian Kabateck

    Following the recent repeal of the Consumer Financial Protection Bureau’s arbitration rule, the scales of justice are now tipped in favor of bankers and big business. However, state lawmakers, lawyers and consumer advocates in California are leading the nation in cracking down on financial fraud, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • The Aftermath Of Impression Products V. Lexmark

    Brian Kacedon

    Following the U.S. Supreme Court's May decision in Impression Products v. Lexmark, the patent exhaustion landscape is likely to be shaped by two issues: When is a transaction properly viewed as a license rather than a sale, and are licenses attached to the product on sale enforceable? Answers might be gleaned from existing case law, say Brian Kacedon and Kevin Rodkey of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Series

    What I Learned In My 1st Year: Get Real, But Get It Right

    Dawn Reddy Solowey

    At my first job out of law school, I handled prepublication review of stories for local TV news and newspapers. With little time for legal research, I had to know the rules cold, how to apply them, and how to make judgment calls when the answer was more gray than black or white, says Dawn Reddy Solowey of Seyfarth Shaw LLP.

  • The Future Of NAFTA May Be Up To Congress

    R. Kevin Williams

    The North American Free Trade Agreement is not a conventional treaty. A president may decide to withdraw from NAFTA, but this choice may be meaningless unless Congress repeals the implementing legislation, says R. Kevin Williams of Clark Hill PLC.