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Commercial Contracts

  • June 11, 2018

    2nd Circ. Urged To Seek Texas Justices' View On Sabine Case

    Nordheim Eagle Ford Gathering LLC urged the Second Circuit on Monday to reconsider its ruling that Sabine Oil & Gas Corp. could reject gas-gathering contracts after filing for bankruptcy, arguing the Texas Supreme Court must first decide whether such contracts are linked with drilling lands under state law.

  • June 11, 2018

    Chesapeake Can't Dump 'Sham' Claims In Barnett Shale MDL

    A Texas judge has rejected an attempt by subsidiaries of Chesapeake Energy Corp. to eliminate from multidistrict litigation claims it used “sham transactions” to lower the royalties it owed to Barnett Shale mineral interest owners.

  • June 11, 2018

    Agent Sues For Commission On Spurs Player's $94.3M Deal

    The agent who represented San Antonio Spurs guard Kawhi Leonard as he transitioned to the NBA from college is suing his former agency for allegedly stiffing him on commissions he says he is owed as a result of negotiating various player and coaching contracts, including a 2015 contract that guaranteed the player $94.3 million, according to a complaint filed in Florida federal court on Monday.

  • June 11, 2018

    Cheesecake Factory Snagged In $4.6M Wage Theft Case

    The Cheesecake Factory Inc. was found liable in a $4.6 million wage theft case after the California Labor Commissioner’s Office found the upscale casual chain’s contractors withheld breaks and overtime pay from the workers who cleaned the restaurants at night, the agency said Monday.

  • June 11, 2018

    Greenberg Traurig Slips $10M NY Film Financing Fraud Suit

    An investor who accused Greenberg Traurig LLP of fraud in a film financing deal gone bad had his claims rejected by a New York state judge on Monday, with the judge saying the investor’s lack of an attorney-client relationship with the firm cut against him.

  • June 11, 2018

    Bulgarian Telecom Barred From Transfers In $6.7M Dispute

    A New York federal judge on Friday granted a satellite maker’s motion for a preliminary injunction requiring a Bulgarian telecommunications provider to seek the company’s consent before transferring funds related to a complex satellite financing deal, pending the resolution of a $6.7 million arbitration dispute between the companies.

  • June 11, 2018

    Samsung Wants Huawei's Bid For US FRAND License Axed

    Samsung Electronics Co. Ltd. urged a California federal judge Friday to reject a request by Chinese smartphone maker Huawei to set a licensing rate for its cellular network patents in the United States, arguing that Huawei made the request too late in litigation and that it would severely hurt Samsung.

  • June 11, 2018

    Panel Centralizes Zetia Antitrust MDL In Va.

    The judicial panel overseeing multiple suits accusing Merck & Co. Inc. of conspiring with generic-drug makers to delay the entry of rivals to its cholesterol drug Zetia have centralized the cases in Virginia. 

  • June 11, 2018

    Oil Rig Co. Rips Chevron Underwriters' Suit At 5th Circ.

    A company that engineered part of a faulty oil rig for Chevron told the Fifth Circuit Friday to uphold the dismissal of a suit brought by Chevron's insurance underwriters, saying the underwriters waived their arbitration rights and that it is shielded from subrogation claims regardless.

  • June 11, 2018

    Justices Won't Take Up MLB Antitrust Exemption Challenges

    The U.S. Supreme Court on Monday said it will not hear a wage suppression case brought by scouts against Major League Baseball or litigation over a contract dispute between Wrigley Field-area rooftop owners and the Chicago Cubs, deciding not to review the league's oft-criticized antitrust exemption.

  • June 11, 2018

    Texas Justices To Weigh Anti-SLAPP Dismissal Of NDA Suit

    The Texas Supreme Court has agreed to review a dispute between S&S Emergency Training Solutions Inc. and a former employee it alleges violated two non-disclosure agreements, in a case that asks the court to decide whether dismissal of the lawsuit under a state free speech law was appropriate.

  • June 11, 2018

    Wheelabrator, Honeywell Settle Pa. Asbestos Coverage Row

    Honeywell International Inc., Wheelabrator Technologies Inc. and another company have inked a deal to end finger-pointing about indemnification responsibilities for a trio of asbestos cases being pursued by former workers at a Pennsylvania facility that Wheelabrator purchased in the 1980s.

  • June 11, 2018

    Sports Construction Co. Says Ex-Worker Stole IP For Rival Biz

    A Houston construction firm that specializes in building athletic facilities hit its former sales representative with a lawsuit in Texas state court on Friday, claiming she stole its trade secrets when she left the company and used the confidential information to launch a rival business.

  • June 8, 2018

    Shanghai Zhenhua To Pay Toisa $20M To End Row In Ch. 11

    Chinese manufacturing giant Shanghai Zhenhua agreed to pay $20 million to offshore oil tanker company Toisa Ltd. to end a shipbuilding arbitration dispute between the two companies, according to a motion filed Friday in Toisa’s bankruptcy proceedings.

  • June 8, 2018

    German Grocery Giant Left Developer Out To Dry, Suit Says

    German grocery giant Lidl Stiftung & Co. misled real estate developers about the viability of its “destined for failure” U.S. expansion plan and left them “holding the proverbial bag” on millions in development costs, according to a suit filed by Leon Capital Group LLC in North Carolina federal court Friday.

  • June 8, 2018

    Beats By Dre Atty, $107M Royalty Seeker Spar At Trial

    Arturo Gonzalez of Morrison & Foerster LLP on Friday cross-examined in California court the man suing Gonzalez’s clients Beats Electronics and founders Jimmy Iovine and Dr. Dre for $107 million in headphone royalties, repeatedly butting heads over the man’s interpretation of how the business got started and the deal he cut with Iovine and Dr. Dre.

  • June 8, 2018

    Relativity Founder Shielded From Part Of Investor Fraud Suit

    Relativity Media LLC co-founder Ryan Kavanaugh will not have to face negligence claims in a California state suit accusing him of defrauding an investor before the company went belly-up in 2015, as a New York bankruptcy judge ruled Thursday that Relativity's confirmed Chapter 11 plan blocks certain allegations.

  • June 8, 2018

    Texas Justices Will Review Eagle Ford Royalty Dispute

    The Texas Supreme Court on Friday agreed to review a dispute over whether royalty owners are liable for post-production costs for oil and gas produced from an Eagle Ford Shale property, in a case trade groups say could have major impacts on oil and gas royalties around the state.

  • June 8, 2018

    Del. Justices Affirm Toss Of $700M El Paso Merger Suit

    An eight-year, multicase Delaware Chancery Court battle over the limits of limited partner rights and general partner duties in a series of El Paso Pipeline mergers closed out Friday with Delaware’s Supreme Court upholding the dismissal of a $700 million damages suit targeting Kinder Morgan Inc., affiliates and key partners.

  • June 8, 2018

    Pa. Drivers Win Class Cert. In Progressive Discount Fight

    A Pennsylvania federal court granted class certification Thursday to car owners who claim Progressive did not give them a state-mandated 10 percent discount on their insurance premiums for having passive anti-theft devices in their vehicles.

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Out-Of-State Companies Beware Mass. 'Manufacturer' Tag

    Philip Olsen

    As a result of recent cases, non-Massachusetts corporations, which may outsource certain operations and not consider themselves engaged in manufacturing in their home state, could nevertheless be found to be manufacturers in Massachusetts, say Philip Olsen and Michael Penza of Morrison & Foerster LLP.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Ending Forced Arbitration In Workplace Discrimination Cases

    Joseph Abboud

    While recent actions to eliminate forced arbitration for employee sexual harassment and sex discrimination claims are welcomed developments in the wake of the #MeToo movement, the concerns motivating the movement provide a similar opportunity to consider the ramifications of changes that benefit one group and how they might be expanded to benefit all workers, says Joseph Abboud of Katz Marshall & Banks LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Defining 'Knowledge' In A Purchase Agreement

    Kyle Gann

    A knowledge qualification is applied to representations and warranties of an M&A agreement in order to limit their scope. But understanding the precise nature of the risk allocation in a knowledge-qualified representation also requires understanding what it means for a party to have “knowledge,” say attorneys with Winston & Strawn LLP.

  • How To Minimize US Tariff Impact On Construction Projects

    Jason McLarry

    The new U.S. tariffs on steel and aluminum imports bring a number of questions for construction project stakeholders currently locked into fixed price contracts, but certain contract provisions such as those relating to changes in law and force majeure may allow them to mitigate the tariffs' financial consequences, say attorneys at Troutman Sanders LLP.