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Commercial Contracts

  • September 13, 2018

    Fla. Judgment Upheld In Builder's Fight With Subway Founder

    A Florida appeals court on Thursday upheld summary judgment against Florida developer Anthony Pugliese in a dispute over a soured partnership with Subway co-founder Fred DeLuca to build a planned eco-friendly city on a $137 million parcel of land in central Florida.

  • September 13, 2018

    Contractor Sues School District For $9M Over Building Deal

    A contractor sued a Houston-area school district for more than $9 million Wednesday in Texas state court over the construction of a new elementary school, claiming the school district's project manager made “arbitrary and capricious” decisions that cost the builder.

  • September 13, 2018

    Locke Lord Nabs Former Norton Rose Int'l Arbitration Atty

    Locke Lord LLP has hired a Norton Rose Fulbright international arbitration pro with experience in the Middle East and representing clients in both commercial and treaty dispute cases, the firm said recently. 

  • September 13, 2018

    NY Panel Axes MBIA Fraud Claim In Suit Against Credit Suisse

    A New York appeals court decided Thursday it won't revive a fraud claim MBIA Insurance Corp. brought in its $253 million suit against Credit Suisse over losses it incurred backstopping the bank's residential mortgage-backed securities, and also nixed an earlier win the bond insurer scored in the case.

  • September 13, 2018

    Centene Seeks To Avoid Class Action Over Provider Network

    Centene Management Company LLC has urged a federal court to toss a proposed class action alleging it misrepresented the size of a provider network, saying the amended suit is trying to second-guess Washington state regulators’ work.

  • September 13, 2018

    Maritime Industry Challenges To Watch: Part 2

    As maritime industry stakeholders maneuver through the changing regulatory and legislative landscape, they’re also contending with increased gridlock at U.S. ports, emerging cybersecurity threats and technology disruptions, and inadequate investment in crucial infrastructure. Here, Law360 examines more challenges facing the industry in the second part of our roundup.

  • September 13, 2018

    Texas Justices Told Jury Charge Doesn't Ax Legal Challenge

    A Texas appellate court ruling that a party to a contract dispute, whom a jury sided against, waived any right to challenge the legal sufficiency of the verdict because he didn't object to a question submitted to the panel has left litigants in a waiver trap, the Texas Supreme Court heard in oral arguments Thursday.

  • September 12, 2018

    NY Developer Faces Collection Action After 'Lavish' Pics

    A construction executive misused money meant for a luxury New York City condominium project and failed to repay a related $4 million loan while flaunting his “lavish lifestyle” on Instagram, a group of lenders said in a collection action filed Tuesday in state court.

  • September 12, 2018

    Del. Justices Probe LLC Duty Waiver In $43M Sale Appeal

    Delaware's Supreme Court pressed opposing attorneys Wednesday on just how much protection investors surrendered to a controlling limited liability company member when they waived their company's fiduciary duty obligations and then saw it sold for $43 million in a process likened to a "hostage taking."

  • September 12, 2018

    Calif. Panel Backs Consultant's $7.2M Award For Unpaid Work

    A California appeals court on Tuesday affirmed a consultant’s $7.2 million trial win for unpaid work done for online real estate marketplace Ten-X, ruling that the verdict shouldn’t be tossed just because “marginally relevant” evidence about the consultant’s work with another real estate-related business was excluded.

  • September 12, 2018

    Ex-Winston Partner Wants Bias Row Out Of Arbitration

    A former Winston & Strawn LLP partner told a California appellate panel on Wednesday that her gender bias suit should not have been sent to arbitration, saying her claims weren't covered by the arbitration provision in her employment contract, which was unlawful anyway.

  • September 12, 2018

    AIG Seeks $2.4M For Apt. Damages From Broken Sprinkler

    An AIG unit alleged in New York state court on Wednesday that the owner of an apartment unit and the construction company tasked with renovating it owe the insurer $2.4 million for a claim it paid out after a broken sprinkler head caused water to pour into a neighboring unit owned by a policyholder. 

  • September 12, 2018

    Ex-Dickstein Shapiro Partners Sue Blank Rome Over $4M

    Former Dickstein Shapiro LLP partners accused Blank Rome LLP in California state court Wednesday of defining its move to scoop more than 100 attorneys from the now-defunct Dickstein as an asset sale, rather than a merger, in an attempt to "play cute" and avoid paying them $4 million.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Wells Fargo Dodges Counterclaims In $16M Margin Call Row

    A New York federal judge ruled Tuesday that a Chicago investment fund and its affiliates can’t go after Wells Fargo for more than $100 million in losses they said the bank caused by forcing them to dump their portfolios in the wake of a February financial market flare-up that’s been nicknamed “Vol-mageddon.”

  • September 12, 2018

    Warranty Arbitration Clause Was Clear, NJ Justices Told

    Two home warranty companies on Wednesday urged the New Jersey Supreme Court to enforce their arbitration clause, arguing that a lower appeals court wrongly expanded the alternative dispute resolution language requirements set by high court precedent.

  • September 12, 2018

    Ericsson Says Suit Over SEP Royalties Must Be Arbitrated

    Ericsson Inc. told a Texas federal court Tuesday that claims by HTC America Inc. alleging overpayment for aging standard-essential patents are not legitimately antitrust and should be decided in arbitration rather than in court.

  • September 12, 2018

    Warner Bros. Drives Out Of Fight Over 'Batcycle' Profits

    An Arizona federal judge tossed a lawsuit Tuesday that claimed Warner Bros. Entertainment Inc. owes the “Batcycle” creators’ heir profits on merchandise featuring the bike, which was originally made for a 1960s “Batman” television show and movie.

  • September 12, 2018

    Applebee’s Left Struggling Franchisee In Limbo, Judge Told

    Applebee’s deceived franchisee RMH Franchise Holdings Inc. in the months leading up to RMH’s bankruptcy filing by giving it vague and ambiguous warnings about terminating its franchise agreements, RMH told a Delaware judge Wednesday.

  • September 12, 2018

    Ex-Trenk DiPasquale Client Aims To Sink Unpaid Fees Ruling

    A New Jersey construction business should not have been held liable for all of Trenk DiPasquale Della Fera & Sodono PC’s unpaid legal bills when most of its work was done on behalf of other related parties, the company’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the firm’s favor.

Expert Analysis

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.