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Commercial Contracts

  • December 5, 2018

    Petrobras Takes Immunity Fight In EIG Suit To The High Court

    Brazil’s state-owned energy giant Petrobras asked the U.S. Supreme Court on Monday to reverse the D.C. Circuit’s ruling that it cannot claim sovereign immunity in fending off claims from funds managed by EIG Global Energy Partners LLC that it is responsible for losses from a failed drilling venture.

  • December 5, 2018

    NJ Court Told To ID Proper Party In Car Dealer Contract Row

    The New Jersey Appellate Division on Wednesday upended a lower court ruling ordering a jury trial to determine whether a uniform business in Pennsylvania or a company with the same name in New Jersey contracted with a car dealer in litigation accusing the company of fraudulent conduct, saying the court was supposed to resolve that issue on its own.

  • December 5, 2018

    Fresenius Hits Akorn 'Disaster' In $4B Del. Merger Appeal

    Fresenius Kabi AG branded estranged merger partner Akorn Inc. “a disaster” Wednesday during a Delaware Supreme Court defense of an unprecedented Chancery Court ruling upholding termination of their $4.3 billion merger based on Akorn's alleged regulatory violations and poor performance post-signing.

  • December 5, 2018

    9th Circ. Asked To Curtail Audit Power Of Tax Software Co.

    An Arizona federal court wrongly gave a tax software company more audit power over a licensee than its contract permits, the licensee told the Ninth Circuit in a recent filing.

  • December 5, 2018

    Chancery Says Charter Can Use Services Amid Contract Fight

    A Delaware vice chancellor on Wednesday granted a temporary restraining order barring Optymyze LLC from terminating cloud-based software and sales management services it provides to telecom company Charter Communications Operating LLC as the companies head toward arbitration over contractual disputes.

  • December 5, 2018

    GE Units Say They're Already Part Of $500M LNG Row

    Two GE units have urged a New York federal court to toss a suit filed by a Luxembourg engineering and construction company and its Nigerian subsidiary seeking to force arbitration of a $500 million dispute relating to two liquefied natural gas plants, arguing that they're already part of the arbitration in question.

  • December 5, 2018

    Caterpillar Moves To Kill Antitrust Suit In Sealed Papers

    Caterpillar Inc. moved to hoist an antitrust suit from an online competitor out of Delaware federal court but kept its legal reasoning under wraps Tuesday amid a flurry of filings by several heavy-equipment manufacturers trying to get the claims dismissed.

  • December 5, 2018

    Zales Didn’t Honor Jewelry Repair Plans, Consumers Say

    Major jewelry retailer Zales misled consumers about the extent of coverage in a lifetime repair plan it sold with its jewelry, according to a proposed class action removed to California federal court Monday.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Aralez Ch. 11 Sale Problems Put Case On Path To Mediation

    Disagreements among stakeholders in the Chapter 11 case for Aralez Pharmaceuticals Inc. have led the case in the "wrong direction," a New York bankruptcy judge said Tuesday, as he instructed the parties to mediate fights over sales of the drug company's assets.

  • December 4, 2018

    Carrizo Sank $28M Drilling Farmout Deal, Texas Justices Told

    Carrizo Oil & Gas Inc. wrongly withheld its consent and tanked a $27.7 million deal that Barrow-Shaver Resources Co. made to farmout the drilling of several wells to a third party, the oil and gas production company told the Texas Supreme Court in oral arguments Tuesday.

  • December 4, 2018

    Body Glove's Tactics Didn't Hurt Asia Licensee, Jury Says

    Body Glove and its private equity owner, Marquee Brands LLC, didn’t harm the Asia licensee of the watersports company despite engaging in hardball business tactics during a dispute over licensing rights in the world’s most populous region, a California federal jury has determined.

  • December 4, 2018

    Scottie Pippen Claims Atty-Comedian Trashed Fla. Mansion

    NBA Hall of Famer and former Chicago Bulls star Scottie Pippen hit a South Florida attorney-comedian and her husband with a lawsuit in state court Monday, accusing them of trashing his $10 million mansion, stealing cutlery and allowing their pets to urinate all over the property.

  • December 4, 2018

    Bribery Deal Relevant To $622M Award Row, Petrobras Says

    Petrobras has rebutted arguments that Vantage Deepwater Co.'s recent deal with U.S. regulatory authorities cannot be used in its bid to nix a $622 million award the Brazilian company claims is tainted by bribery, telling a Texas federal court that Vantage is trying to curb any review of the award.

  • December 4, 2018

    RV Gear Firm Sues Dometic For $8.4M Merger Escrow In Del.

    The former parent of a U.S. recreational vehicle equipment supplier acquired by an affiliate of a larger Swedish firm in 2014 sued buyer Dometic Corporation in Delaware's Chancery Court late Monday, saying that Dometic unjustifiably refused to release an $8.4 million deal escrow.

  • December 4, 2018

    Fed. Circ. Won't Revive U. Of Ill. Contract Row With Micron

    The Federal Circuit on Tuesday refused to revive the University of Illinois' breach of contract claim stemming from a lengthy dispute with Micron Technology Inc. over semiconductor patents, and also nixed Micron's bid to recover its attorneys' fees.

  • December 4, 2018

    Anaheim Ducks' Arbitration Win Over Ex-Risk Manager OK'd

    A California appeals court affirmed an arbitration decision in favor of Anaheim Ducks Hockey Club LLC against a former risk manager for the team who alleged he'd been forced to resign, finding the declaratory relief given to the Ducks was proper and within the arbitrator's purview.

  • December 4, 2018

    Mercedes-Benz Says Bid To Reinstate $115M Fraud Award Fails

    Mercedes-Benz told the Texas Supreme Court in oral arguments Tuesday to reject a former business partner's bid to reinstate a $115 million punitive damages award against it, arguing it's based not on the contract between it and a former partner, but on alleged oral agreements.

  • December 4, 2018

    CNX Midstream Sues Contractor For Walking Off $7M Pipeline

    CNX Midstream Partners LP sued a West Virginia contractor in Pennsylvania state court Monday, claiming the contractor walked away after starting work on a $7 million package of water and gas pipelines.

  • December 4, 2018

    Alleged HIPAA Lapses Spark $500K Deal With Fla. Doc Group

    A Florida physician contractor has agreed to settle possible Health Insurance Portability and Accountability Act violations stemming from the disclosure of more than 9,000 patients' health information to a third-party company without making sure certain protections were in place, the U.S. Department of Health and Human Services announced Tuesday.

Expert Analysis

  • 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.

  • Why Current Laws Won't Protect Property Rights For DNA

    Franklin Zemel

    More than 12 million people have submitted their DNA for analysis to various genealogy companies such as Ancestry.com or 23andMe. But what if they don’t want that DNA shared with third parties? Based on current law, there is little that can be done about it, say Franklin Zemel and Ariel Deray of Saul Ewing Arnstein & Lehr LLP.