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Commercial Contracts

  • September 18, 2018

    Texas Judge Skeptical Of Bid To Skirt Noncompete Arbitration

    A Texas appellate judge on Tuesday said during oral argument the lawyer for a former insurance finance employee had “some explaining to do,” questioning the employee’s argument her bid to void a noncompete agreement doesn’t belong in arbitration.

  • September 18, 2018

    Tribe Says Immunity Waiver Doesn't OK Attys' Fees

    The Coyote Valley band of Pomo Indians told a California appellate court on Tuesday that its prior ruling finding that the tribe waived its sovereign immunity in agreements with a construction contractor was wrongfully applied to an attorneys' fees bid, arguing that limiting the scope of immunity waivers was "a bedrock principle of Indian law."

  • September 18, 2018

    Allscripts Wants Suit Over Ransomware Attack Tossed

    Electronic health record software giant Allscripts Healthcare Solutions Inc. has asked an Illinois federal judge to toss a proposed class action over a ransomware attack that allegedly put its health care clients and their patients at risk, saying the lawsuit lobs faulty claims at the wrong entity in the wrong forum.

  • September 18, 2018

    WeWork Reaches Deal With NY, Ill. To Curb Noncompetes

    Shared workspace provider WeWork Cos. Inc. has agreed to curtail its use of noncompete agreements, with some workers receiving full releases from agreements they signed and others having the terms of their noncompetes streamlined, the attorneys general of New York and Illinois announced Tuesday.

  • September 18, 2018

    Judge Urges Deal In Perfume Co.’s Bid For Jay-Z Calendars

    Nobody expected the Spanish Inquisition in a New York state courtroom, but it came up anyway on Tuesday in heated arguments between lawyers for Jay-Z and a company that made his signature fragrance and is accusing the hip-hop superstar of failing to promote the product.

  • September 18, 2018

    Wynn Resorts Hit With $1B RICO Suit Over Mass. Casino

    Wynn Resorts Ltd. conspired to beat an East Boston racetrack for a Massachusetts Gaming Commission casino license through lies, threats, improper conversations with the agency and illegal campaign contributions, according to a multibillion-dollar Racketeer Influenced and Corrupt Organizations Act lawsuit filed in federal court.

  • September 17, 2018

    Liberty Mutual Hiding Docs In $36M Hotel Suit, Builder Says

    Liberty Mutual Insurance Co. has improperly failed to turn over documents and data in a $36 million lawsuit over shoddy construction work on a Texas hotel project, a construction firm said Monday, urging a federal court to force the insurer to give up the goods.

  • September 17, 2018

    Claim Juror Fears Led To Bias Can't Undo Playboy TM Win

    An Illinois appellate court on Friday upheld a $6.6 million verdict that saw trebled damages for Playboy Enterprises International Inc. after a trial over a licensing dispute between the brand and an energy drink maker, saying the lower court didn’t need to flesh out jurors’ fear of certain men in the courtroom to ensure an untainted decision would be reached.

  • September 17, 2018

    Chinese JV Says It Can't Be Forced To Arbitrate $5M Claim

    A Chinese company formed to provide businesses with market survey research has urged a New York federal judge to pause an Ohio analytics company's $5 million arbitration claim over the parties' joint venture deal in China, saying their underlying contract doesn't contain a valid arbitration clause.

  • September 17, 2018

    Soured Iraqi Oil Deal Row Must Be Arbitrated, Court Hears

    Two executives of a British Virgin Islands petroleum company said global commodities trading house Gunvor SA is improperly trying to get out of arbitrating a dispute over at least $30 million in losses stemming from a deal to transport fuel from Iraq, according to documents filed in Virginia federal court on Friday.

  • September 17, 2018

    NJ Court Sinks Attys' Fee Bid In Enviro Co. Row

    The New Jersey state appeals court has refused to grant attorneys’ fees to an environmental company who won a $91,000 arbitration award over a terminated business deal, ruling that the purchase agreement at the heart of the dispute didn’t guarantee attorneys’ fees to prevailing parties.

  • September 17, 2018

    Sport Supplement Co., Consumers Settle Deceptive Label Suit

    Dietary supplement manufacturer PhD Fitness LLC and a putative class of consumers have told a South Carolina federal court they've agreed to end a suit accusing the company of deceptively labeling its sport supplements.

  • September 17, 2018

    Homeland Wants Out Of HCSC's Antitrust MDL Costs

    Homeland Insurance Co. of New York asked an Illinois federal judge to find the company not liable for antitrust claims against Health Care Service Corp. centralized in multidistrict litigation, arguing that a prior suit over similar claims means no coverage for the new ones.

  • September 17, 2018

    Crowne Plaza Owes For Irma Responder Bookings, Suit Says

    The owner of a Houston Crowne Plaza hotel got slapped with a lawsuit in Illinois federal court Friday by a company that says it's owed $174,000 for helping to book American Red Cross personnel for stays during Hurricane Irma that netted the hotel $4.5 million.

  • September 17, 2018

    Fruit Farm Denies It Challenged $29M Award In Bad Faith

    A Costa Rican pineapple farm has rebuked a Florida magistrate judge for recommending it pay a Del Monte unit's attorneys' fees, and instead argued that exceptional grounds warranted challenging the $29.3 million arbitration award issued to the food production and distribution company. 

  • September 14, 2018

    HP Coerced Startup To Do Free Work In Malaysia, Jury Hears

    A startup suing Hewlett Packard for tens of millions of dollars told jurors Friday the tech giant used false promises to coerce it into providing extra software and services for a massive Malaysian banking-system project, while HP countered that the contractor improperly upped its work to get more money.

  • September 14, 2018

    Split 9th Circ. Keeps Toss Of Northstar’s Schwab Fund Suit

    A Ninth Circuit panel on Friday agreed with the district court’s dismissal of Northstar Financial Advisors Inc.’s putative class action against Charles Schwab Corp. but said that Northstar should have another crack at amending its complaint claiming Schwab stepped outside of its own guidelines to make risky bond-fund bets.

  • September 14, 2018

    Consumer Can Get Fees For Winning Debt Collection Suit

    A Florida appeals court ruled Friday that a consumer who fends off an "account stated" lawsuit seeking to collect on an unpaid credit card balance can collect attorneys' fees under Florida law.

  • September 14, 2018

    Gazprom Vows To Keep Fighting $2.6B Award To Ukraine Co.

    A Swedish appeals court has lifted its stay on enforcing a $2.56 billion arbitral award won by Ukraine's national oil and gas company Naftogaz in a contract dispute with Gazprom, a move the Russian natural gas giant vowed to challenge after a London court unfroze its English assets, exposing them to possible seizure by Naftogaz.

  • September 14, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Denmark's tax authority file another fraud suit against more investment firms, insurance giants like Amlin and Axa sue a seafood distributor, and a bid to appeal a decision from former shareholders of a business in RBS' controversial restructuring unit. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • The Challenges Of Valuing Litigation-Driven Equities

    Alexander Berger

    Many eyes are on the Delaware Chancery Court to see whether it will compel Fresenius to close on a $4.5 billion acquisition of Akorn. The case, which completed post-trial briefing last week, presents an interesting question about the meaning of stock price as evidence in litigation, say Alexander Berger, an investment consultant, and J.B. Heaton, a lecturer at the University of Chicago Law School.

  • Common Offsite Problems Arising From Triple-Net Leases

    Andrew Hodgson

    In the past few years, landlords, investors and developers have shown increased interest in triple-net ground leases of peripheral properties surrounding retail centers. However, they should consider the issues that can pop up when a ground leased parcel is part of a larger commercial development, says Andrew Hodgson of Husch Blackwell LLP.

  • LLC Derivative Claims In The Wake Of Wenske

    Adrienne B. Koch

    Many limited liability companies are formed in Delaware because of the state’s well-developed and business-friendly law in this area. But a recent decision in Wenske v. Blue Bell Creameries highlights the level of care with which an LLC's governing agreement must be drafted in order to maximize these ostensible advantages, says Adrienne B. Koch of Katsky Korins LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • What White V. Commissioner Says About Partnerships

    Mark Leeds

    The question as to when a person is receiving a share of partnership income or compensation continues to be a vexing issue. It is valuable to consider the U.S. Tax Court's recent holding in White v. Commissioner in the context of the relatively developed body of law to see how private funds can better structure carried interests and management fee waivers, say Mark Leeds and Guoyu Tao of Mayer Brown LLP.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • 2 Door Makers And The Gutting Of Pre-Merger Clearance

    Derek Dahlgren

    The Eastern District of Virginia is poised to render a decision in Steves & Sons v. Jeld-Wen that may run into the U.S. Supreme Court’s concerns regarding belated challenges to mergers, as well as potentially create uncertainty in the value of pre-merger clearance under the Hart-Scott-Rodino Act, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Signed Texts Can Be Binding Real Estate Contracts

    Peter Carr

    The commonplace reliance upon text messaging in commercial dealings has forced courts to examine the legal implications of texting within the seminal rule that a contract concerning real estate must be signed to be enforced. At the trial court level, some courts have embraced the concept of "contract by text message" as long as some key elements are established, says Peter Carr of Eckert Seamans Cherin & Mellott LLC.