Commercial Contracts

  • June 22, 2017

    No Indemnity For Shell Drilling Unit Damages, 5th Circ. Says

    The Fifth Circuit on Wednesday affirmed part of a lower court’s ruling in a case on the aftermath of an accident in the Gulf of Mexico that damaged a mooring line on a Royal Dutch Shell PLC subsidiary's drilling unit, finding that two third-party companies are not required to indemnify the two companies found liable for the accident.

  • June 21, 2017

    Sheppard Mullin Beats Fraud Claims Over $8.5M Judgment

    A California appellate panel on Tuesday tossed a fraud case against Sheppard Mullin Richter & Hampton LLP accusing the firm of helping a client shirk an $8.5 million judgment in what the court described as a “legal saga” dating back to 2004.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Whataburger Gets Partial Win In Row Over Franchising Deal

    A state appeals court on Wednesday ruled partly in favor of a South Texas Whataburger franchise in a dispute over interpretation of a 1993 settlement reached when the company bought 28 of the franchisee's locations in exchange for future development rights.

  • June 21, 2017

    Whistleblowers, MDL Plaintiffs Object To $32M SunEd Deal

    Two former SunEdison Inc. officers with pending whistleblower suits against the bankrupt solar energy giant and the lead plaintiffs in a Securities Act multidistrict litigation have asked the New York bankruptcy court overseeing the case for assurances that their suits won’t be affected by a recent $32 million settlement with unsecured creditors.

  • June 21, 2017

    Malaysian Co. Counsel Loses Fee Bid After Post-Award Deal

    Although a secret settlement between a Malaysian recycling company and a scrap metal dealer cheated the Malaysian company’s counsel out of its fees tied to an arbitration award, a Texas federal judge found Tuesday that he lacked jurisdiction to rule on the counsel’s claims for payment.

  • June 21, 2017

    Sony Says Quincy Jones Can’t Make In-House Atty Testify

    Sony Music Entertainment urged a California judge Wednesday to bar Quincy Jones from forcing its in-house attorney to testify at an upcoming trial over the legendary producer's $10 million royalty claims against Michael Jackson’s production company.

  • June 21, 2017

    Ex-Swisher Execs Convicted Of Securities Fraud Conspiracy

    Two former executives at dissolving cleaning company Swisher Hygiene Inc. were found guilty of conspiracy to commit securities fraud by a North Carolina federal judge Tuesday after a nearly three-week bench trial held earlier this year.

  • June 21, 2017

    Cumulus' $1M Overpayment Dispute With Radio Host Trimmed

    A federal judge in Texas on Tuesday significantly trimmed a lawsuit brought by a Cumulus Media Inc. subsidiary against syndicated talk show host Michael Baisden alleging it overpaid him $1 million, and set jury selection to begin Thursday.

  • June 21, 2017

    Litigation Pros Bulk Up Holland & Knight’s Portland Office

    A team of litigators from Markowitz Herbold PC — including two who successfully beat back antitrust claims against Anheuser-Busch’s $100 billion merger with SABMiller last year — have joined Holland & Knight’s Portland, Oregon, office as partners, the firm said.

  • June 21, 2017

    Impax Wants Goodwin Proctor Barred In Teva Contract Fight

    Impax Laboratories, which is facing ​contract ​claims from Teva Pharmaceuticals over the antidepressant drug Budeprion, argued in Pennsylvania state court Tuesday that Goodwin Proctor LLP can’t represent Teva in the litigation because the law firm previously represented Impax in other matters concerning the medication.

  • June 21, 2017

    Limelight Flubbed IP Deal Breach Notice, Del. Justices Told

    Akamai Technologies Inc. told the Delaware Supreme Court on Wednesday that a misaddressed email to terminate a patent settlement means longtime rival Limelight Networks Inc. cannot escape the $40 million in remaining payments.

  • June 21, 2017

    Cerner Looks To Keep Man From 'Spiriting Away' Award Funds

    A Cerner Corp. affiliate asked an Oregon federal judge Tuesday to pause an order tossing a United Arab Emirates citizen from its suit seeking to enforce a $63 million award, saying he could otherwise move his funds out of the U.S. while an appeal is pending.

  • June 21, 2017

    Girardi Keese Sued For Accounting Of $120M In Settlements

    Thomas Girardi and his firm, Girardi Keese, are facing a California lawsuit asking for an accounting of what was done with about $120 million in settlement funds from a pair of deals in an oil contamination case against Shell Oil and a Dole Food unit. 

  • June 21, 2017

    6th Circ. Says Utilities Can Skip Regional Project Costs

    The Sixth Circuit on Wednesday said units of Duke Energy Corp. and FirstEnergy Corp. could avoid paying for transmission projects approved by Midcontinent Independent System Operator Inc. after the utilities announced they were leaving the regional transmission organization, backing the Federal Energy Regulatory Commission's interpretation of MISO's tariff.

  • June 21, 2017

    CenturyLink Hit With $12B Class Action Alleging Overbilling

    CenturyLink is facing a possible $12 billion proposed class action filed by consumers in California federal court who claim the telecommunications service provider ripped off potentially millions of customers by overbilling, in some cases for services that were never agreed to.

  • June 21, 2017

    Lynyrd Skynyrd Must Hand Over Tour Info, Judge Says

    A New York federal judge on Wednesday reluctantly ordered the estates of the original Lynyrd Skynyrd band members to release any more information they have about who participated in reunion tours amid a copyright dispute over an in-production biopic, even though it said the film company’s bid for the information is “kind of thin soup.”

  • June 21, 2017

    Ex-Marketer Joins Fox News' Sanctions Bid Against Ex-Talent

    A social media marketing pioneer joined Fox News Network LLC in moving for sanctions against former on-air personality Andrea Tantaros and her attorney in New York federal court Tuesday, accusing the pair of concocting false cyberstalking accusations to pressure him into accepting an “exorbitant” settlement.

  • June 21, 2017

    Canadian Judge OKs $3.1M Award To Dominican Republic

    A Canadian judge has rejected a Spanish company's challenge to a $3.1 million arbitration award issued to the Dominican Republic and its civil aviation authority to resolve a dispute involving an air traffic control system at one of the country's airports, concluding that the underlying arbitration agreement was valid and not abusive.

  • June 21, 2017

    Jaguar Owes Texas Dealership Nearly $1M In Contract Fight

    Jaguar Land Rover North America LLC must pay one of its Texas dealerships nearly $1 million as a result of a contract dispute, a Texas federal judge said Tuesday, finding that the company improperly reclaimed cash the dealer earned under a sales incentive program.

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Initial Artifex Ruling Is A Victory For Open-Source Software

    Heather Meeker

    In denying a motion to dismiss in Artifex Software v. Hancom last month, the California federal court held that the copyright infringement and breach of contract claims may proceed on the theories enunciated by Artifex, not necessarily that they will succeed. Still, the case represents a significant step forward for open-source plaintiffs, say attorneys with O’Melveny & Myers LLP.

  • A Futile Limit On Online Auctions For Medical Supplies

    Stephen Sozio

    A Connecticut federal court's recent decision in MedPricer.com v. Becton, Dixon and Company, holding that an online auction service for the purchase of medical supplies violates the Anti-Kickback Statute, unnecessarily limits a means of reducing health care costs and is inconsistent with the spirit and language of the AKS, say Stephen Sozio and Kristine Gallagher of Jones Day.

  • Classifying Gorsuch’s Views On Misclassification

    Rich Meneghello

    Perhaps no modern workplace law conflict screams out for resolution more than the issue of independent contractor misclassification. But how might Justice Neil Gorsuch rule if a case involving this issue worked its way up to the high court? An examination of his previous judicial record offers two significant clues, says Rich Meneghello of Fisher Phillips.

  • Monetizing The Athlete Brand

    video

    In this short video, Arash Khalili of Loeb & Loeb LLP discusses the shift happening in athlete endorsement deals today, new strategies for monetizing the athlete brand through equity-based endorsements, and the advantages of these deals for both the athlete and the company.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 2

    Enzo Marasà

    U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.