Commercial Contracts

  • March 16, 2018

    How To Minimize Legal Risk When Firing Alleged Harassers

    Conductor James Levine's decision to sue the New York Metropolitan Opera on Thursday after he was fired over allegations he molested young musicians shows employers not only run the risk of being sued when they ignore allegations of workers' misconduct, but when they take action as well. Here, Law360 looks at ways employers can minimize legal risks when cutting ties with an accused harasser.

  • March 16, 2018

    Ill. Atty Beats Malpractice Suit In Domino's Franchise Row

    An Illinois federal judge on Friday tossed a lawsuit accusing an attorney of malpractice for representing both a Domino’s Pizza franchise co-owner and his business partner in the sale of their restaurant, ruling that the suing co-owner should have provided an expert opinion about the alleged conflict of interest.

  • March 16, 2018

    Ga. Plant Owners Seek Return Of Cash From Westinghouse

    Georgia Power, co-owner of a nuclear power project whose fate has been intertwined with Westinghouse’s bankruptcy, told a New York bankruptcy court on Thursday that proposed Westinghouse reorganization plan language should be revised to reflect that the plant’s owners have dibs on up to $57.5 million sitting in a bank account.

  • March 16, 2018

    Space Travel Co. Demands Sanctions Over Leaked Docs

    A commercial space travel company demanded sanctions and a strict accounting of "privileged" documents leaked to lawyers of a customer claiming the company got him to agree to a $30 million nonrefundable deposit under false pretenses, according to a motion filed in Virginia federal court Friday.

  • March 16, 2018

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

    The last week has seen the Force India Formula One team sue Santander, the Fiat Group launch an action against its longtime pension scheme administrator and Squire Patton Boggs, and a Scipion fund take on a commodities warehouser. Here, Law360 looks at those and other new claims in the U.K.

  • March 16, 2018

    4th Circ. Says Christian Network Deal Nixed 'In Good Faith'

    A Fourth Circuit panel has clipped the wings on Christian broadcasting company Sky Angel's suit over a failed distribution deal, holding that a lower court correctly decided that Discovery Communications LLC operated in “good faith” when it nixed the agreement.

  • March 16, 2018

    Disney Deal Gets Autodesk Out Of Animation Patent Suit

    A California federal judge said Thursday that software giant Autodesk Inc. did not infringe designer Joseph Alter’s patent on technology for animating hair and fur by incorporating it into the company’s Maya animation program, finding Alter agreed not to sue Autodesk in a previous settlement with Disney.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

  • March 15, 2018

    Law Firm Founder Wants To Shield Docs From Timeshare Co.

    Castle Law Group PC founder Judson Phillips asked a Tennessee federal judge Wednesday to protect him from a timeshare company’s demand that his law firm provide documents in the company’s suit alleging Castle Law Group interferes with its contracts.

  • March 15, 2018

    Telecom Seeks Court's Help To Enforce €150M London Award

    A telecommunications company that won about €150 million ($184.6 million) in a London arbitration against Orascom TMT Investments SARL to cover liabilities incurred during Italian tax audits against former OTMTI-owned companies asked for a Delaware federal court's help Wednesday in tracking down assets to enforce the award.

  • March 15, 2018

    Toys R Us Creditors Fear Wind-Down Uncertainties

    The abrupt acknowledgement by Toys R Us that it will wind down operations and liquidate inventory at more than 700 stores in the U.S. was met with a wave of concerns Thursday, as creditors' attorneys said they hope for a transparent process that maximizes stakeholder returns.

  • March 15, 2018

    Long-Running L-3, Serco Subcontract Dispute Tossed

    L-3 Technologies failed to establish that it had any contractual or business expectation of work from Serco Inc., accused of orchestrating an $80 million scheme to cut L-3 out of the loop on an Air Force subcontract, a Virginia federal judge ruled Thursday.

  • March 15, 2018

    Jury Awards $706M Over Appraisal App Secrets Theft

    A Texas state jury awarded $706.2 million on Wednesday to data-analytics startup HouseCanary, agreeing that former collaborator Title Source Inc. brazenly stole proprietary data recipes for home appraisals and comparisons as it allegedly readied to build its own software suite.

  • March 15, 2018

    BNSF Can't Derail Ruling In Wash. Tribe's Right-Of-Way Suit

    A Washington federal judge Thursday rejected BNSF Railway Co.’s attempt to call into question a tribe's ownership of land on which a disputed railroad runs after losing its argument that the latter’s claims that its increased crude oil shipments breach a right-of-way easement agreement are preempted.

  • March 15, 2018

    9th Circ. Hears Bid To Revive Stolen IP Suit Against Oculus

    Total Recall Technologies asked a Ninth Circuit panel Thursday to revive fraud and contract claims alleging the founder of Facebook’s Oculus VR stole its 3-D virtual reality headset design, saying a lower court judge erroneously dismissed the suit after one of TRT’s founders signed over rights to the claims.

  • March 15, 2018

    Consultant Co. Wants Out Of $1.76M Suit Over Alleged Scam

    A California attorney and her investment advisory company on Thursday moved to dismiss a suit brought by a medical device developer that claimed the attorney scammed it out of $1.76 million, arguing that Texas federal courts had no jurisdiction over either the attorney or her company.

  • March 15, 2018

    Zohar Manager Tries To Unpause Ownership Rights Appeal

    The collateral manager of the Zohar Funds, the bankrupt distressed-company investment vehicle, asked a Delaware judge to lift the automatic stay of litigation late Wednesday so that an appeal over the ownership rights of their assets could move forward to the state’s high court.

  • March 14, 2018

    Harper Lee Estate Sues Over Sorkin Version Of 'Mockingbird'

    Author Harper Lee’s estate accused producer Scott Rudin and writer Aaron Sorkin of mangling her 1960 classic “To Kill a Mockingbird” in a play based on her novel, saying their version breached a contract by changing characters, including the lawyer at the center of the tale, Atticus Finch.

Expert Analysis

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • ‘Home Country’ Arbitration Clauses — Worth The Trouble?

    Timothy Nelson

    Although the varying approaches by two circuit courts in the cases of Bamberger Rosenheim v. OA Development and Polimaster v. RAE Systems might be explained by differently worded clauses, the outcomes nevertheless show that court interpretations of “home country” clauses can be difficult to predict, say partners with Skadden Arps Slate Meagher & Flom LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.