Commercial Contracts

  • August 8, 2017

    TD Ameritrade Beats Mutual Fund Fees Suit

    TD Ameritrade Inc. escaped a proposed class action over mutual fund fees Tuesday when a Texas federal judge adopted a magistrate’s finding that the investor who lodged the suit had been alerted he was charged fees for years without complaint.

  • August 8, 2017

    Firm Urges Fed. Court To Keep $1.1M Sanction Case Alive

    A San Francisco firm suing a former client for refusing to shoulder a $1.12 million sanction for evidence hiding and discovery deceit told a California federal court Monday that its case is distinct from an active Hawaii state court action and should survive.

  • August 8, 2017

    Magic Johnson Food Co. Hits Back On Drexel’s Sanctions Bid

    A food services company connected to Earvin “Magic” Johnson on Tuesday hit back against Drexel University’s bid for sanctions in a dispute over a contract to operate the university’s dining facilities, telling a Pennsylvania federal court that contrary to the institution’s claims, it did produce documents showing how it would lose $15 million in future profits.

  • August 8, 2017

    French Bank Fights To Keep Suit In Fla. Federal Court

    A French bank asked a Florida federal judge Monday to deny a Panamanian company’s bid to send back to state court its suit accusing the bank of failing to flag risky investments, arguing that an arbitration agreement between the parties falls under an international enforcement treaty that gives jurisdiction to district courts.

  • August 8, 2017

    Airbnb Says It's Not Bound By 'Anti-Tenant' Leases

    Airbnb urged a California federal court on Monday to toss a proposed class action brought by an apartment complex owner alleging rowdy guests are costing money and disturbing long-term tenants, arguing that it’s not responsible for enforcing the owner’s “anti-tenant” lease provisions.

  • August 8, 2017

    Israeli Co. Will Bring Arbitral Venue Row To High Court

    An Israeli real estate company will ask the U.S. Supreme Court to weigh in on its dispute with a U.S. developer to determine whether questions regarding the venue for their arbitration were properly left to the arbitrator, according to a notice filed Monday with the Eleventh Circuit.

  • August 8, 2017

    Avis, Consumer Battle Over Class Cert. In Fee Row

    Avis and a consumer leading a New Jersey federal court suit accusing it of secretly charging car renters for an electronic toll-payment service have renewed their class-certification battle, with the customer saying the proposed class was affected by common issues and the company claiming its patrons had different experiences, according to Tuesday filings.

  • August 8, 2017

    Ex-Chiquita Atty Looks To Dodge Claims Against Him In MDL

    A former Chiquita attorney asked a Florida federal court on Monday to dismiss him from a suit brought by relatives of murdered hostages who claim the company was complicit by routinely paying off a right-wing Colombian paramilitary group, saying he was the employee who actually alerted the company that Autodefensas Unidas de Colombia was a U.S.-designated foreign terrorist organization.

  • August 8, 2017

    ITC Will Review Qualcomm's IPhone 7 Complaint

    The U.S. International Trade Commission announced Tuesday that it will investigate Apple Inc. products, including the iPhone 7 and some of its components, in a broadening probe initiated by chipmaker Qualcomm Inc.

  • August 8, 2017

    9th Circ. Won't Rehear Ex-Heller Ehrman Atty Row

    A split Ninth Circuit panel refused on Monday to reconsider its decision reversing a bankruptcy judge’s ruling that ordered the now-defunct Heller Ehrman LLP to pay a former shareholder nearly $1.2 million, rejecting arguments that the firm is still liable for shareholders’ contract claims after its dissolution.

  • August 8, 2017

    Creditor Fears Ybrant Can't Pay Award-Based $37M Lien

    A Korean technology company that holds a $37 million lien against Ybrant Digital based on an arbitration award reiterated its concerns before a New York bankruptcy court Monday about Ybrant’s ability to secure the financing it needs to pay the lien.

  • August 8, 2017

    Coal Investors Ask Chancery To Ax Diverted Bid Right Claims

    Investors in an entity formed to lend money to now-bankrupt U.S. Coal Corp. told the Delaware Chancery Court late Monday that a lawsuit from one of the entity’s backers alleging the investors secretly locked up certain bidding rights has no chance of going anywhere.

  • August 8, 2017

    Trump Golf Club Asks 11th Circ. To Reverse $5.7M Judgment

    A Donald Trump-owned Florida golf club urged the Eleventh Circuit on Monday to reverse a ruling ordering it to refund roughly $5.7 million to members who had resigned from the club before Trump's 2012 purchase, saying the club complied with its membership agreements by placing these people on a refund waiting list. 

  • August 7, 2017

    Rams Can't Halt PSL Claims For Convention Center Arbitration

    A Missouri federal judge on Friday refused to put on hold claims from former Rams season ticket holders who allege the team breached personal seat license agreements when it refused to allow them to purchase season tickets after the team moved to Los Angeles, ruling an arbitration agreement between the team and the St. Louis convention center should not hold up the entire lawsuit.

  • August 7, 2017

    Quinn Emanuel Says Pharma Co. Owes $6M In Back Fees

    Quinn Emanuel Urquhart & Sullivan LLP urged a Delaware Chancery judge on Friday to enter a lien against former client Wellstat for $6 million in unpaid legal bills regarding a soured drug-commercialization contract, saying Wellstat's argument that an arbitration precludes the lien "makes no sense."

  • August 7, 2017

    9th Circ. Keeps $42M Ruling In Safeway Overcharge Case

    A Ninth Circuit panel upheld a $41.8 million judgment against Safeway Inc. on Friday, agreeing with the lower court that the class of customers was overcharged for online orders and that the grocery giant did not have a right to change its contract without notifying customers.

  • August 7, 2017

    Investor Seeks OK Of $19M Award Against Golf Club Co.

    A Korean investment fund asked a California federal court Monday to sign off on an approximately $18.8 million arbitral award it won against a golf club shaft manufacturer it had invested in, an award that was issued following a dispute that arose out of unpaid taxes.

  • August 7, 2017

    Shipowners Say Former Worker's Claims Must Be Arbitrated

    A group of U.S. shipowners accused by a Filipino seaman of shortchanging the wages of a proposed class of workers urged a Louisiana federal court Friday to deny the man's request to have a jury decide whether the matter belongs in international arbitration, saying he's not entitled to a trial.

  • August 7, 2017

    Bracewell Hires Away Morgan Lewis Energy Atty In Houston

    Bracewell LLP on Monday announced that it has hired away an energy transaction attorney from Morgan Lewis & Bockius LLP to join the firm's Houston office as a partner, where his experience in mergers and acquisitions and private equity investments will be focused on the upstream oil and gas industry.

  • August 7, 2017

    Intel Seeks Dismissal Of $100M Suit Over Faulty Chips

    Intel Corp. asked a California federal court on Friday to trim Qbex Computadores SA’s suit accusing the chipmaker of selling it faulty microprocessors and costing it $100 million when its smartphones began to overheat and explode, asserting that the dispute should focus on alleged breach of contract and implied warranty claims.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • When LinkedIn Emails Don't Violate A Noncompete

    James Patton Jr.

    An Illinois state appeals court's recent decision in Bankers Life & Casualty v. American Senior Benefits serves as another reminder to employers that the type of activity in question is crucial in determining whether an individual violates his or her nonsolicitation agreement on social media, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Equity And Incentive Compensation Plans For Startups

    Excerpt from Lexis Practice Advisor
    Jotham Stein

    To effectively advise startups, and the investors that frequently finance them, it is imperative to understand startup equity and incentive compensation structures. Jotham Stein of the Law Offices of Jotham S. Stein PC discusses common compensation practices of investor-backed, Kickstarter-funded and bootstrapped startup enterprises.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.