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Commercial Contracts

  • June 18, 2018

    Ferring Will Face Counterclaims In $165M Patent Deal Row

    A New York federal judge has said two pharmaceutical companies run by former Ferring BV researchers may proceed with counterclaims against their former employer over who owns the intellectual property rights to an antidiuretic, finding that they had enough of a financial interest to challenge the patents.

  • June 18, 2018

    Lindquist Fights Nix Of Arbitration In Laser-Tech Advice Row

    Ballard Spahr LLP acquisition Lindquist & Vennum LLP is asking a Pennsylvania appeals court to consider whether the firm should be allowed to arbitrate claims that it provided faulty legal advice to a medical supply company about its ability to rent out patented laser technology.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Wells Fargo, Guarantor Must Pay $2.5M Over Loan Default

    An Indiana federal court ordered Wells Fargo and a Brazilian guarantor Friday to pay more than $2.5 million plus interest and attorneys’ fees to their lender after the two defaulted on a $6 million loan.

  • June 15, 2018

    DC Circ. Won’t Let Energy Cos. Recoup Cold Weather Losses

    The D.C. Circuit on Friday sided against Duke Energy Corp. and Old Dominion Electric Coop., deciding in two cases that the Federal Energy Regulatory Commission did not improperly block their efforts to recoup millions in losses suffered during the 2014 polar vortex.

  • June 15, 2018

    Sabre-Lufthansa Fee Fight To Get Texas High Court Review

    The Texas Supreme Court on Friday agreed to review global ticket distributor Sabre’s argument that the federal Airline Deregulation Act preempts a suit from Lufthansa over alleged interference with ticket sales through improper service fees.

  • June 15, 2018

    Weinstein Co. Floats Deal With 'Hotel Mumbai' Producers

    Bankrupt film studio The Weinstein Co. filed a motion Friday in Delaware seeking approval of a proposed settlement with the producers of a film about the 2008 terror attacks on Mumbai, India, that would resolve a dispute over who owns the distribution rights to the film.

  • June 15, 2018

    Chancery Master Sought For $15B Student Loan Trust

    Players in a strife-torn, $15 billion securitized student loan enterprise on Friday recommended use of a Delaware Chancery Court special master to referee disputed instructions to the fund's owner trustee, pending selection of a replacement for current job-holder Wilmington Trust Corp.

  • June 15, 2018

    Philly Hotel Sued For $9M Over Air Rights

    A Montgomery County-based company has filed a $9 million suit in Pennsylvania state court against the owners and managers of a newly opened downtown Philadelphia hotel that the company claims infringed on its air rights.

  • June 15, 2018

    Miami Beach Hotel Accused Of Seizing Control Of Operations

    A hotel management company contends that a Miami Beach boutique hotel has illegally seized control of operations and has refused to pay its fees on a five-year management agreement, according to a suit lodged in Florida federal court.

  • June 15, 2018

    Iranian Mall Atty Sanctioned For Baseless Pipe Collapse Suit

    A Texas federal judge on Thursday sanctioned an Iranian mall owner's attorney and awarded a construction materials distributor attorneys' fees, finding that the suit revolved around baseless claims that the distributor had been responsible for a parking garage collapse despite the attorney having documents proving otherwise.

  • June 14, 2018

    Oracle, Hewlett Packard Each Seek Win In Software IP Row

    Oracle sought a partial win in its copyright suit against Hewlett Packard Enterprise Thursday, alleging HPE not only illegally gave out its software but that the infringement was part of HPE’s business plan, while HPE insisted there was no evidence the software went to the wrong customers.

  • June 14, 2018

    CrossFit Says Reebok Owes At Least $4.8M In Gear Royalties

    CrossFit Inc. has accused Reebok of robbing it of at least $4.8 million in royalties by secretly changing the way it calculated its sales of the fitness style’s branded apparel, according to a suit filed in California federal court Thursday.

  • June 14, 2018

    Twitter Can’t Block Suit Over White Separatist’s Nixed Account

    A San Francisco judge trimmed but didn’t end a white separatist’s lawsuit against Twitter over its suspension of his account, finding Twitter had made public representations that it wouldn’t censor users and can’t now claim that it has a free speech right to remove content from its platform.

  • June 14, 2018

    Calif. High Court Lets Nursing Home Neglect Suit Proceed

    The California Supreme Court on Thursday denied a nursing home owner's request to review an appellate decision finding that a man did not relinquish his right to sue the home for the alleged wrongful death of his father when he signed an arbitration agreement as his father's representative when he entered the facility.

  • June 14, 2018

    Samsung-Huawei Patent Row Partly Paused On Heels Of SAS

    Part of a dispute between Samsung and Huawei over cellular network patents was put on hold Wednesday by a California federal court, a decision that stems from the U.S. Supreme Court’s recent ruling in SAS Institute.

Expert Analysis

  • 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.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Make Sure To Own The Architectural Plans That You Paid For

    Stacy Bercun

    Standard form architect agreements provide significant protections to architects and their firms, which may result in an architect having too much control over an owner's construction project. Owners should negotiate to obtain a transfer of those rights, say attorneys with Akerman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.