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Commercial Contracts

  • October 5, 2018

    Mercedes Drivers Seek Early Win In Transmission Defect Suit

    Two drivers suing Mercedes-Benz USA LLC in a proposed class action over faulty transmissions have asked a federal judge in California to find the company liable before trial, arguing the company’s own honored warranties prove it took blame for the defect.

  • October 5, 2018

    Tilton Loses Bid To Seal Tax Documents On Appeal

    A New York appeals court has rejected a bid by Lynn Tilton and her company Patriarch Management to keep certain tax and financial information private in their dispute with a German lender.

  • October 5, 2018

    Calif. Tribe Members Can't Ax $5M Casino Project Fraud Suit

    A California federal judge nixed an attempt by members of the Pinoleville Pomo Nation to dismiss JW Gaming Development LLC’s suit accusing them of luring the company into investing $5.38 million in a fraudulent casino project, ruling Friday that the defendants are not entitled to sovereign immunity.

  • October 5, 2018

    Shipping Co. Must Pay $49M For Copycat Container Designs

    A Texas state court has awarded SandBox Logistics LLC more than $49.2 million and all the shipping containers manufactured by a rival company after finding its CEO violated a nondisclosure agreement and created copycat containers, but the rival company has pledged to appeal.

  • October 5, 2018

    Ala. Justices Say Nursing Home Can’t Arbitrate Death Suit

    The Alabama Supreme Court on Friday reversed a trial judge’s decision to send to arbitration a wrongful death suit against a nursing home, saying the patient was incapacitated and unable to confer legal authority to his daughter when she signed the arbitration agreement on his behalf.

  • October 5, 2018

    Verizon Jumped Gun By Changing Call Fees, Pa. Agency Finds

    Verizon shouldn’t have decided on its own to reduce a telecom’s fees for calls that got routed through the internet based on its own view of a Federal Communications Commission order, a Pennsylvania judge has ruled.

  • October 5, 2018

    Chesapeake Beats Ohio Class Cert. As Attys Criticized

    An Ohio federal judge on Friday denied a bid to certify a class action brought in pursuit of allegedly underpaid oil and gas royalties, calling into question the adequacy of the work by the attorneys pursuing the case against a Chesapeake Energy Corp. unit..

  • October 5, 2018

    Ericsson Insists HTC Must Prove SEP Royalties Breach

    Cellphone maker HTC America Inc., which is suing Swedish telecom Ericsson Inc. in Texas federal court for allegedly overcharging for aging standard-essential patents, bears the burden of proof for its breach-of-contract claim, Ericsson has said in a brief.

  • October 5, 2018

    CSX Says Norfolk Southern Monopolizing Va. Railroad

    CSX Transportation Inc. has sued fellow railroad giant Norfolk Southern Railway Co. in Virginia federal court over the latter’s dominant control of a small railroad they co-own, alleging Norfolk Southern has used that power to create “monopolistic control” over traffic in and out of Virginia’s largest international shipping terminal.

  • October 5, 2018

    Atty Looks To Check Out Of Timeshare-Exit Contract Suit

    A lawyer who assisted a firm specializing in helping customers exit timeshare deals has asked a Florida federal court to dismiss him from a resort company’s suit against the exit firm, arguing that he merely wrote "boilerplate" letters as an outside contractor and shouldn't be included in the suit.

  • October 4, 2018

    Ex-Camera Co. Prez Fights Rams Owner's Attys' Fees Claim

    The former president of two aerial camera companies, who’s suing Los Angeles Rams owner Stan Kroenke's entertainment holding company in Texas federal court for purchasing them, hit back on Thursday against Kroenke’s request that he pay $36,000 in attorneys fees for failing to answer questions at a contentious deposition in March.

  • October 4, 2018

    Bankrupt Verity Health Fights Leases, Citing $25M Loss

    Nonprofit hospital chain Verity Health asked a California bankruptcy court on Wednesday to be allowed to cut its ties to a sports medicine practice, saying the contracts would cost the chain $25 million over the next nine years.

  • October 4, 2018

    Applebee's Opposes Ch. 11 Franchise Deal Rejection Attempt

    The parent company of restaurant chain Applebee's objected Thursday in Delaware bankruptcy court to an attempt by its largest franchisee to reject the agreements that allow debtor RMH Franchise Holdings to operate six restaurants, saying it still believes the deals were terminated before the bankruptcy case began.

  • October 4, 2018

    Ex-Morgan Lewis Client Challenges Subpoena In $30M Suit

    Towers Watson Delaware has told a Pennsylvania state court that its former firm Morgan Lewis & Bockius, which Towers Watson sued for $30 million for allegedly working against its interests, has once again attempted to subpoena privileged documents as part of the discovery process.

  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    Aruba Airline Passengers Seek Cert. In Exit Fee Suit

    Inselair Aruba NV passengers asked a Florida federal judge on Wednesday for class certification in their suit against the Dutch Caribbean airline for allegedly charging them last-minute illegal and mandatory exit fees before they boarded flights from Miami International Airport.

  • October 4, 2018

    Hong Kong Doc Denied Bail As Flight Risk In Bribery Case

    A New York federal judge denied bail once again on Thursday to a doctor from Hong Kong accused of bribing African officials for favors in the energy and banking industries, saying he’s a flight risk and there are no conditions the court could set to guarantee his presence at trial.

  • October 4, 2018

    Petrobras Can't Prove Bias To Nix $622M Award, Vantage Says

    Vantage Deepwater Co. defended a $622 million arbitral award over a drilling contract against Brazilian oil company Petrobras, telling a Texas federal court Petrobas’ claims that the driller's appointed arbitrator was biased don’t meet the high standard to warrant vacating the award.

  • October 4, 2018

    Quinn Emanuel Nabs Veteran Media Atty From Irell & Manella

    Quinn Emanuel Urquhart & Sullivan LLP has snagged a former Irell & Manella LLP partner and veteran entertainment attorney, who brings with him more than three decades of experience representing blockbuster media companies from Paramount Pictures to Hulu, the firm said Wednesday.

  • October 3, 2018

    American Airlines Ducks Class Action Over Late Check-Ins

    An Illinois federal judge has struck down class action allegations over American Airlines’ alleged unwritten policy of booting passengers who check in too close to their departure time, saying the passengers’ circumstances are too personal to be considered as a group.

Expert Analysis

  • NJ Speeds Up Complex Business Litigation

    Michael Sullivan

    The new rules governing cases in New Jersey's complex business litigation program took effect this month, streamlining complex business and construction litigation. However, litigators should be aware of significant changes from previous rules, says Michael Sullivan of Sills Cummis & Gross PC.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Navigating The New Mass. Noncompete Morass

    Erik Weibust

    Massachusetts' new noncompete law will take effect on Oct. 1. Erik Weibust and Robert Fisher of Seyfarth Shaw LLP address some of its more confusing provisions and how employers can comply without major disruption to how they are currently doing business.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Key Trends In Midstream Oil And Gas Deals: Part 2

    Greg Krafka

    A deep dive into data on deal terms in midstream oil and gas acquisition agreements reveals significant insights on “what’s market” and what's not in such deals. As compared to a broad cross-section of agreements across industries, the midstream M&A acquisition agreements studied generally allocated more of the risks — especially unknown risks — to buyers, says Greg Krafka of Winstead PC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Key Trends In Midstream Oil And Gas Deals: Part 1

    Greg Krafka

    The Private Target Mergers & Acquisitions Deal Points Studies prepared by the American Bar Association’s Business Law Section have been a key resource for M&A attorneys for over a decade. In this two-part article, Greg Krafka of Winstead PC examines data from the most recent study and other sources to systematically identify “what’s market” concerning deal terms in midstream oil and gas acquisition agreements.

  • New UK And US Regimes May Deter Foreign Investment

    Robert Bell

    Newly proposed U.K. rules and the amended regime for the Committee on Foreign Investment in the United States will radically change how the two governments review sensitive transactions, which will affect the likelihood of deal clearance, deal timing and the drafting of appropriate contractual provisions, say Robert Bell and Jennifer Mammen of Bryan Cave Leighton Paisner LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.