Commercial Contracts

  • June 23, 2017

    5th Circ. Affirms Quantlab's $12.2M Trade Secrets Win

    The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.

  • June 23, 2017

    Fox Rothschild Adds Ex-Greenbaum Rowe Litigation Pro In NJ

    Fox Rothschild LLP has boosted its Morristown, New Jersey, office with a new litigation partner from Greenbaum Rowe Smith & Davis LLP with more than 20 years of experience representing real estate companies, technology firms and other businesses in court.

  • June 23, 2017

    Texas Justices Say Noble Can't Ditch $63M Cleanup Indemnity

    The Texas Supreme Court on Friday held Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement that wasn’t disclosed when Noble’s predecessor bought oil and gas assets during a Chapter 11 bankruptcy.

  • June 23, 2017

    Exxon Not Liable For Lost Profits On Canceled Propane Deal

    A Fifth Circuit panel on Thursday agreed with Exxon Mobil that it did not owe damages to an insurance company stemming from losses the insurer had to cover when Exxon halted a propane contract because of a fire at a plant, deciding that the contract’s provisions specifically forbid recovery.

  • June 23, 2017

    Heckler & Koch Can't Arbitrate Army Weapons Suit, Court Told

    Aerospace and defense company Orbital ATK Inc. on Thursday slammed a German small arms manufacturer’s bid to arbitrate a $27 million suit over the manufacturer’s alleged failure to deliver weapons under a U.S. Army subcontract, arguing the German company is citing an arbitration clause from a separate agreement.

  • June 22, 2017

    Challenge To Fla. Island Development Rights Ruled Too Late

    As construction on the luxurious Prive Island Estates condominiums nears completion just north of Miami, its developer has won a key ruling in Florida state court that neighboring homeowners acted too late to challenge his building rights, but the homeowners say the fight is far from over.

  • June 22, 2017

    Insurer Decries 'Shenanigans' In Lloyd's Arbitration Bid

    A U.S. insurer asked a Massachusetts federal judge on Wednesday not to force it to accept an umpire proposed by certain underwriters at Lloyd's, London, in arbitration aimed at resolving a dispute over the allocation of an underlying pollution claim, decrying "shenanigans" in the appointment process.

  • June 22, 2017

    Ericsson Hit With NJ Developer's Suit Over $15M Contract

    A New Jersey real estate developer sued Ericsson in federal court Wednesday over the company’s alleged refusal to allow the developer to bring its own environmental inspector to look at the property before fully closing on the $15 million sale.

  • June 22, 2017

    Deutsche Defends Loan Sample In $306M Mortgage Trust Suit

    A Deutsche Bank unit fired back Thursday at a Morgan Stanley subsidiary’s bid for a quick win against a $306 million contract suit over a residential mortgage trust, saying there is nothing wrong with using sampling to identify defective loans among more than 4,000 Deutsche Bank oversaw as trustee.

  • June 22, 2017

    AstraZeneca Affiliate Hit With $275M Merger Payment Suit

    Agents for the former shareholders of a pharmaceutical company acquired by an affiliate of AstraZeneca PLC filed suit Thursday in Delaware state court seeking the payment of $275 million they allege is owed from the 2013 merger of the two companies.

  • June 22, 2017

    Brazilian Reinsurer Must Cough Up $5M, Insurer Says

    The National Indemnity Co. doubled down on its bid for $5 million from a Brazilian reinsurer so it can pay a settlement it reached with a steel maker in a related dispute, telling a New York federal court Wednesday the reinsurer is obligated to pay it under an arbitration award.

  • June 22, 2017

    Feds Say Travelers Owes $2.4M For Texas A&M Buildings

    The U.S. filed suit in Texas federal court Thursday against Travelers Casualty and Surety Co. of America on behalf of HCBeck Ltd., a contractor that's seeking to collect $2.4 million for unpaid work on two biomedical research facilities.

  • June 22, 2017

    PGA Tour Asks Judge To Rethink Sustaining Antler Spray Suit

    The PGA Tour on Wednesday urged a New York state judge to rehear its arguments that a lawsuit by professional golfer Vijay Singh over a suspension for using a purportedly illicit, deer-antler-derived spray should not go to trial, arguing that Singh has not actually raised any admissible evidence to show the suspension caused him a specific harm.

  • June 22, 2017

    2nd Circ. Tosses TCPA Suit Against Auto Financial Co.

    The Second Circuit on Thursday affirmed the dismissal of a putative class action accusing Lincoln Automotive Financial Services of violating the Telephone Consumer Protection Act, saying the man suing the company consented to receive calls when he signed his car lease.

  • June 22, 2017

    Navajo Council To Weigh Keeping Ariz. Coal Plant Open

    The Navajo Nation Council will consider legislation next week that would permit the coal-fired Navajo Generating Station in Arizona to remain open through 2019, a move that comes after the group voted to table the measure and scope out whether the facility’s owners would be open to some amendments.

  • June 22, 2017

    Goya Insurer Slaps Spice Co. With NJ Suit Over Food Recall

    An insurer for Goya Foods Inc. has sued a spice company in New Jersey state court for allegedly providing one of the food giant’s suppliers with cumin contaminated with peanut protein, which ultimately led to food products being recalled and $2.6 million in damage.

  • June 22, 2017

    Fact Issues Keep Claims Alive In $310M Drilling Asset Sale

    A Colorado federal judge on Wednesday decided that there were enough questions of fact to deny summary judgment in a case in which two oil companies are accusing Newfield Production Co. of breaking a confidentiality agreement and antitrust laws in the run-up to an auction for their assets.

  • June 22, 2017

    Pa. Appeals Court Won't Revive Suit Over Bum Super Bowl Tix

    A Pennsylvania appeals court agreed Wednesday that a group of Super Bowl XLV ticket holders who were left without seats to the big game should not have been allowed to amend their complaint against the National Football League to include contract, rather than tort-based, claims.

  • June 22, 2017

    Calif. Appeals Court Orders Damages Redo In Water Rate Row

    A California appellate court on Wednesday said the Metropolitan Water District of Southern California can’t tack a rate designed to fund water conservation programs onto the rate it charges the San Diego County Water Authority for transporting water, saying a lower court has to recalculate damages awarded to the water authority.

  • June 22, 2017

    Magellan Sues Enterprise For $50M Over Oil Shipping Deal

    A unit of Magellan Midstream Partners LP claims in a Texas state court suit that an Enterprise Products Partners LP affiliate owes it at least $50 million after breaching a crude oil shipping agreement by using its own pipelines for oil produced from the Eagle Ford Shale.

Expert Analysis

  • When Is A Working Capital Agreement A Loan? It Depends

    Benjamin Jackson

    Drafters of working capital agreements should be aware that there is now at least one court ruling holding that if the terms of a working capital agreement resemble those of a loan agreement, then it will likely be treated as such regardless of what the agreement calls itself, say Benjamin Jackson and Muhammad Faridi of Patterson Belknap Webb & Tyler LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Fyre Festival’s Legal Woes Rage On

    Brad Hancock

    The recent class actions faced by the Fyre Festival and its organizers raise a number of legal issues, which have rarely been coupled with a prompt apology and admission of responsibility in the age of social media. While there is some precedent, the scale and international scope of the Fyre Festival presents new legal challenges, says Brad Hancock of Holland & Knight LLP.

  • Nursing Homes Still Face Arbitration Agreement Uncertainty

    Eugene Giotto

    An arbitration agreement that is properly drafted and executed can provide businesses, specifically those in the long-term care industry, with a cost-effective route to dispute resolution. However, even with the U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, businesses should be aware of state court views regarding the enforceability of these agreements, say Eugene Giotto and Gabrielle Lee of Cozen O'Connor.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • An Illinois Court's Lesson For Senior Lenders

    Jason Hirsh

    When does a modification “substantially impair” a junior lender’s priority? While not adopting a bright-line rule to answer this question, an Illinois state appeals court in Bowling Green Sports Center v. GAG LLC offered examples of where it would find “substantial impairment,” resulting in a senior lender losing its priority status, say Jason Hirsh and Erin Mayer Isaacson of Levenfeld Pearlstein LLC.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • An Overview Of Silent 2nd-Lien Loans In The US And Europe

    Frederick Fisher

    Although used often in deal negotiations, the term “silent second” has different meanings for different institutions and different meanings in the United States and Europe. Capital structures that include silent second-lien debt can therefore be complicated, particularly in cross-border transactions involving different insolvency or contract laws, say attorneys with Mayer Brown LLP.