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Commercial Contracts

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    Calif. High Court Says High-Interest Loans May Be Illegal

    The high interest rates on CashCall’s consumer loans worth more than $2,500 could be unconscionable, the California Supreme Court said Monday, answering the Ninth Circuit’s query on whether the state’s Financial Code, which lays out interest caps on loans under $2,500, could apply to larger debts.

  • August 13, 2018

    Hear It In England, UBS Says Of Bloomberg's Data Suit

    UBS AG asked a New York federal judge on Monday to dismiss Bloomberg's suit alleging that it unlawfully redistributed proprietary data through its portfolio analysis and risk management software, saying that England — the place where the disputed actions of UBS Delta took place in their entirety — is a more appropriate venue.

  • August 13, 2018

    Nursing Home Can't Arbitrate Suit, Calif. Appeals Court Says

    A California state appellate court on Friday denied a skilled nursing facility's petition for arbitration in a suit alleging negligence and elder abuse, finding that the patient who signed the agreement lacked the mental capacity to form a binding agreement when he was admitted to the care center.

  • August 13, 2018

    Calif. Panel Nixes WinCo Foods Meal Break Suit

    A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.

  • August 13, 2018

    Owens Corning Says Sellers Hid Indian Co.’s Tax Debt In Deal

    The Canadian arm of Owens Corning Corp. has sued the seller’s agent in its purchase of an Indian roofing products maker, accusing it of failing to indemnify it from at least $1.4 million in taxes assessed by India’s government.

  • August 13, 2018

    Trusts Needn't Arbitrate $4.2M Contract Row: Aussie Court

    An Australian judge on Friday refused to force two family trusts to arbitrate their suit with a software company over an allegedly breached $4.2 million share sale agreement, rejecting arguments that a clause calling for disputes to go before a mediator at the Singapore International Arbitration Centre was an arbitration clause.

  • August 13, 2018

    VC Firm Shorted Ex-LLC Member's Cash-Out, Chancery Says

    Pointing to ambiguities in a venture capital firm’s charter and a Delaware business law’s distaste for “forfeiture,” a vice chancellor on Monday ordered the company to rework a terminated member’s cash-out, potentially increasing it by millions of dollars.

  • August 13, 2018

    AirBnB Claims Immunity From Miami Apartment Owners' Suit

    AirBnB Inc. told a Florida appeals court Monday that it should not have to face a lawsuit from Miami apartment complex owners fighting illegal short-term rentals in their buildings, saying the company is immune from liability for publishing third-party conduct under the Communications Decency Act.

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Cozen O'Connor Hires New Head For Calif. Franchise Practice

    Cozen O'Connor has hired the former chair of Snell & Wilmer LLP’s franchise services group to work from its Los Angeles office, where she will head up the firm’s global franchise practice.

  • August 13, 2018

    Dutch Telecom Says $36M Contract Row Must Be Arbitrated

    An approximately $36 million lawsuit accusing the Dutch telecom Veon Ltd. of fraud in connection with an underlying contract with California-based SteppeChange LLC to help modernize Veon's business practices belongs before a U.K. arbitrator, Veon told a California federal court Friday.

  • August 13, 2018

    Electronics Co. Says $1.4M Supply Row Belongs In Court

    A Hong Kong manufacturer of wireless audio system, mobile app and "internet of things" solutions has urged a California federal court not to force it to arbitrate its $1.4 million dispute stemming from a supply agreement with a Nevada-based electronics supplier, saying the parties' agreements call for settling disputes in district court. 

  • August 13, 2018

    GYNs Sue Cynosure Over 'Vaginal Rejuvenation' Laser

    A Rhode Island gynecological practice on Monday filed a putative class action suit in Massachusetts federal court against cosmetic laser maker Cynosure, which the practice claims has been deceptively marketing a laser system for use as a vaginal rejuvenator.

  • August 13, 2018

    Ariz. Agency Wants Quick Win In Water Rights Row

    An Arizona water district has moved for a quick win in a dispute over the district's alleged obligations to deliver excess water supply to the Ak-Chin Indian Community, urging a federal court to reject quick win bids filed by the tribe itself and the federal government.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Qualcomm Fights 'Unprecedented' Class Cert. In Chip Row

    Chipmaker Qualcomm has urged a California federal court not to certify a class of smartphone buyers suing the manufacturer for forcing companies like Apple and Samsung into paying high royalty rates that were allegedly then passed on to the public, arguing the class of 250 million people is unfeasible and "unprecedented." 

  • August 10, 2018

    Fortis Advisors Beats Dismissal Bid In $29M Suit Over Merger

    Citing contract ambiguities, a Delaware vice chancellor on Friday declined to dismiss Fortis Advisors LLC's suit seeking $29.3 million in performance "milestone" payments to former stockholders of a biorefining venture acquired for $25.27 million by a Swedish renewable goods maker in 2014.

Expert Analysis

  • Aviation Watch: The Regional Jet Wars Heat Up

    Alan Hoffman

    The business of building and selling regional jet airliners has become an all-out battleground, with Boeing, Embraer, Bombardier, Airbus and Mitsubishi fighting for contracts worth billions of dollars and tens of thousands of jobs. The Trump administration's aggressive trade policies have added more uncertainty to the mix, says retired attorney and private pilot Alan Hoffman.

  • New Risks For US Cos. Inadvertently Supporting North Korea

    Ellen Murphy

    Following a U.S. State Department advisory this week, companies conducting business abroad — particularly in the technology, medical and life sciences industries — should watch out for several areas of heightened risk that may have a nexus to North Korea, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Hollywood Must Take The Initiative With Vendor Management

    Don Andrews

    Hollywood doesn't have regulators breathing down its neck the same way the financial services sector does, but that is why the film industry needs to initiate vendor and risk management processes and protocols on its own, even more than the banks do, say Don Andrews of Reed Smith LLP and Michael Gould of Gould & Gould LLP.

  • Don’t Let Changes In Accounting Standards Derail Your Deal

    Susanne Cleary

    Three recent accounting standards updates can directly affect the calculation of post-closing working capital adjustments and earnout provisions in M&A. Failure to consider these accounting changes can lead to disputes, say members of BDO USA LLP.

  • Ensure All Relevant Parties Sign Arbitration Agreement

    Michael Cypers

    A California appellate court's decision in Benaroya v. Bruce Willis is one of several recent decisions teaching that if you want the ability to arbitrate against the key individuals in your counterparty, those individuals should be signatories to the arbitration clause in the underlying deal documents, say Michael Cypers and Michael Gerst of Glaser Weil Fink Howard Avchen & Shapiro LLP.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Beware Processors As Co-Controllers Under GDPR

    Cynthia Cole

    Contracts between controllers and processors should require the data processor to act solely upon the controller's instructions and to take appropriate measures to keep the personal data secure. What is very different under the EU General Data Protection Regulation is that processors now have direct responsibilities and obligations, outside the terms of the contract, says Cynthia Cole of Baker Botts LLP.