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Commercial Contracts

  • December 3, 2018

    Fed. Circ. Agitated Over Samsung, Huawei FRAND Fight

    A federal appeals court panel repeatedly questioned both Huawei and Samsung Monday about their inability to negotiate fair, reasonable and nondiscriminatory licensing rates for network patents and how the rates should be set.

  • December 3, 2018

    No Injunction For Door Maker After $1.2M Royalties Win

    North Carolina-based door manufacturer Jeld-Wen Inc. can’t force a rival to stop using its stolen trade secrets after a jury already handed Jeld-Wen $1.2 million for the misappropriation, a Virginia federal judge ruled.

  • December 3, 2018

    Chancery Finds Plimus Exec Liable In $115M Fraud Suit

    Private Equity firm Great Hill Equity Partners won a Delaware Chancery Court fraud claim Monday against the former CEO of payment processing company Plimus Inc. along with an opportunity to seek capped restitution for breaches of assurances by some of its directors in connection with the $115 million purchase of Plimus in 2012.

  • December 3, 2018

    Insurer Wants Out Of Coverage For Hertz's Toll-Pass Partner

    Navigators Insurance Co. sued American Traffic Solutions Inc. and The Hertz Corp. on Friday in California federal court, asking for an order that there is no coverage regarding underlying claims that they surprised rental customers with toll-pass fees, and saying it wants back $200,000 in defense costs.

  • December 3, 2018

    Pittsburgh Foul-Ball Injury Lawsuit Goes To Jury

    Backstop netting installer Promats Athletics LLC never told the Pittsburgh Pirates how much its net would deflect when struck by a foul ball and was therefore negligent in the injury of a fan behind home plate in 2015, the fan's attorney told jurors in Pennsylvania state court Monday.

  • December 3, 2018

    Fishing Co. Says Law Firm Flubbed $2.8M BP Settlement

    Ocean Harvest Wholesale Inc. has filed suit against Merlin Law Group PA and one of its attorneys, alleging that malpractice in handling the seafood wholesaler's claim related to the BP oil spill in the Gulf of Mexico caused it to miss out on a $2.8 million settlement offer.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    ASML Secures $223M Jury Verdict In Trade Secrets Row

    A jury in a California court has awarded ASML at least $223 million in a case in which the U.S. arm of the Dutch semiconductor maker alleged that rival XTAL induced employees to breach their contracts with ASML and reveal various trade secrets.

  • November 30, 2018

    Selena's Husband Can't Ax Father's Suit Over Book, TV Deal

    The husband of late Tejano superstar Selena cannot use a state free speech law to duck a lawsuit brought by the singer's father alleging a book the widower authored about their marriage violated a contract, a Texas appellate court held Thursday.

  • November 30, 2018

    DOJ's Backpage Case In Ariz. Slows Chancery Fee Action

    An Arizona district court judge will get the next word on federal seizure of remaining assets available for legal fees in litigation surrounding Backpage.com and those sued over activities that allegedly enabled sex trafficking, a Delaware vice chancellor determined Friday.

  • November 30, 2018

    Personal Injury Firm's $755K Award Nixed Over Venue Spat

    Houston personal injury law firm Arnold & Itkin LLP suffered a setback in its quest to collect a nearly $755,000 judgment from an aircraft charter company when a Texas appeals court held Thursday a lower court erred by not ruling first on the company's change of venue request.

  • November 30, 2018

    PPL Wants Spin-Off's Montana Suits Sent To Delaware

    Pennsylvania energy provider PPL Corp. filed a complaint Friday in Delaware Chancery Court asking for a determination that a pair of suits brought by the new owner of its former energy generating subsidiaries should be moved to Delaware from Montana under the terms of the 2014 spin-off agreement.

  • November 30, 2018

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

    The last week has seen HSBC's private bank unit hit with an action from nearly 250 claimants, Dutch bank ABN Amro sue more than a dozen insurers and Aviva's health unit take on the Saudi Arabian embassy and government. Here, Law360 looks at those and other new claims in the U.K.

  • November 30, 2018

    Medtronic Owes Ind. Surgeon $112M In Royalties, Jury Finds

    An Indiana jury has found Medtronic PLC owes an Indianapolis spine surgeon $112 million for failing to pay him royalties on his spinal implant patents that he had assigned to the medical device company more than a decade ago, according to Medtronic's public filings.

  • November 30, 2018

    Calif. Auto Dealers' Breach Suit Against Contractor Gets Pared

    A California federal judge on Thursday partly trimmed Price Simms Auto Group’s amended breach of contract suit alleging a contractor, Candle3 LLC, furnished faulty electrical work and didn’t properly complete projects to convert six of its dealerships to clean energy, saying certain claims still aren’t specific enough.

  • November 30, 2018

    No Coverage Owed For Coal Execs Accused Of Conflicts

    A coal company insurer was cleared by a Delaware Superior Court judge Friday to refuse litigation fee and indemnity coverage for two former directors of a bankrupt Kentucky coal mine who were sued by a case trustee over alleged fraudulent transfers and conflicted actions.

  • November 30, 2018

    Aralez Creditors Slam Proposed Ch. 11 Sales To Deerfield

    The unsecured creditors of bankrupt Aralez Pharmaceuticals Inc. want to block a proposed $250 million asset sale to prepetition lender Deerfield Management Co. LP and an associated company, telling a New York bankruptcy court that at least $75 million of the debt Deerfield is using to bid on the assets is really just equity, and therefore worthless.

  • November 30, 2018

    Astenbeck Capital Founder Wins $465K In Art Fraud Trial

    A New Hampshire federal jury on Thursday found a former art professor at Franklin Pierce University and her son conspired to sell the multimillionaire founder of Astenbeck Capital 17 forged paintings they claimed to be made by postwar artist Leon Golub and awarded the art collector $465,000.

  • November 30, 2018

    Texas Justices To Clarify Statute On Overdue Commissions

    The Texas Supreme Court on Friday said it would consider the Fifth Circuit’s question at the center of a dispute between a sales company and gearbox maker over $280,000 in overdue commission fees, setting the stage for the state’s high court to clarify when treble damages must be awarded for late commission payments.

Expert Analysis

  • Considering Blockchain In The Electricity Industry

    Mark Sundback

    Because blockchain could fundamentally change how electricity is supplied and consumed in the future, traditional utilities should consider ways to leverage this technology, while regulators must update practices that impede the use of blockchain in the industry, say attorneys at Sheppard Mullin Richter & Hamilton LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • A Guide To Reclassifying Calif. Workers Post-Dynamex

    Camille Gustafson

    As the tax year ends, many employers are looking for guidance on how to transition independent contractors to part-time, on-call employees in light of the California Supreme Court’s Dynamex decision. The keys are thoughtful planning and careful communications, says Camille Gustafson of Paul Plevin Sullivan & Connaughton LLP.

  • Addressing Workplace Misconduct With Exec Compensation

    Excerpt from Lexis Practice Advisor
    John Utz

    Compensation committees may find value in reflecting a new public attitude toward workplace sexual misconduct in the structure of their companies’ executive pay programs. John Utz of Utz & Lattan LLC discusses how employers can design compensation packages to discourage or censure such misconduct.

  • The Challenge Iran Sanctions Pose For EU Operators

    Michael Casey

    On Nov. 5, the United States will reimpose economic sanctions that target Iran but will also impact many European companies. The interaction between U.S. and EU sanctions regimes will create novel legal issues and compliance challenges for European companies with ties to the U.S., say attorneys at Kirkland & Ellis LLP.

  • Lehman Highlights Challenges Of Cross-Border Settlements

    Jeffrey Murphy

    The Southern District of New York recently reversed a bankruptcy court order that disallowed and expunged claims against Lehman Brothers Holdings Inc. related to an English settlement. The case is a reminder that cross-border issues can affect the enforcement of U.S. guarantees, say attorneys with Dentons.

  • Fiscal Sponsorship: Opportunities And Risks For Nonprofits

    George Constantine

    As the time and hassle of obtaining tax-exempt status increase, the charitable-minded are turning to "fiscal sponsorships" as an alternative. A well-drafted agreement that clearly defines each organization's role is key to obtaining the desired tax treatment, say George Constantine and Christopher Moran at Venable LLP.

  • 8 Operating Agreement Tips For Funds Seeking Financing

    Kris Henman

    Private equity and venture capital investment funds are increasingly interested in entering into credit facilities, but a fund's limited partnership or operating agreement must be drafted to satisfy the lender’s diligence requirements. Attorneys with Troutman Sanders LLP look at the clauses that are typically flagged by lenders' counsel.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.