Commercial Contracts

  • December 5, 2017

    Boeing Owes $11M Attys' Fees In Contract Dispute

    A Delaware state court on Tuesday awarded Spirit AeroSystems Inc. more than $11 million in attorneys’ fees from Boeing after the aircraft component manufacturer prevailed in a dispute over whether it had assumed responsibility for retiree benefits as part of a 2005 asset purchase agreement, saying the fee request was reasonable and properly supported.

  • December 5, 2017

    Calif. Statute Of Limitations Sinks Deutsche Bank RBMS Suits

    A New York state appeals court has sunk two suits brought by Deutsche Bank National Trust Co. over thousands of allegedly defective loans in two residential mortgage-backed securities trusts it oversees as trustee, concluding Tuesday that its remaining breach-of-contract claims against Barclays PLC and HSBC were brought too late under its home state’s statute of limitations.

  • December 5, 2017

    Texas Justices Hear Murphy Satisfied Offset Well Requirement

    Counsel for a Murphy Oil Corp. subsidiary told the Texas Supreme Court in oral arguments Tuesday that an “offset well” clause in a pair of Eagle Ford Shale leases only required it to drill a test well, not to protect the oil and gas underlying the property in question from drainage.

  • December 5, 2017

    4 Mistakes To Avoid When Drafting Int'l Arbitration Clauses

    Drafting a watertight arbitration clause may not be a top priority for lawyers scrambling to put together a multimillion-dollar merger or infrastructure project, but failing to do so can cause numerous headaches down the road. Here, arbitration experts share with Law360 some common mistakes and how to avoid them.

  • December 5, 2017

    Honeywell Unit Says Beazley Must Cover Refining Tech Row

    A unit of industrial giant Honeywell International Inc. hit Beazley Insurance Co. with a suit in Connecticut federal court Monday demanding coverage for an underlying lawsuit over problems with refining technology licensed to a Saudi Arabian chemicals company.

  • December 5, 2017

    Calif. Town Telephone Tax Constitutional, Appeals Court Says

    A California state appeals court affirmed a Los Angeles County court decision Monday, confirming the constitutionality of the city of Norwalk’s 5.5 percent tax on various types of telephone services.

  • December 5, 2017

    Conoco Asks Texas Justices To Apply Perpetuities Rule

    Counsel for ConocoPhillips Co. and Burlington Resources Oil & Gas Co. LP told the Texas Supreme Court in oral arguments Tuesday that a lower appellate court “invented a legal fiction” when deciding an Eagle Ford Shale lease dispute and created uncertainty regarding legal title to the land.

  • December 5, 2017

    NJ Panel Backs Profit-Sharing Deal In Foreclosure Case

    The New Jersey Appellate Division on Tuesday clarified in a published opinion that state tax sale law allows for a third-party investor to enter into a profit-sharing agreement with the owner of a property facing foreclosure as long as the investment is significant.

  • December 5, 2017

    ND Tribe Member Fights Fee, Interest Bids In Royalty Beef

    A Three Affiliated Tribes member and his current attorney are challenging a pair of requests made by Enerplus Resources Corp. in its $3 million royalty overpayment dispute, telling a North Dakota federal court Monday that the requested attorneys' fees are excessive and the oil and gas exploration company isn’t entitled to prejudgment interest.

  • December 5, 2017

    FERC Ruling Casts New Scrutiny On Oil Pipeline Contracts

    The Federal Energy Regulatory Commission's recent ruling that an oil pipeline company's plan for its marketing arm to buy up pipeline space at full price while reselling it at a discount is illegal will send other pipeline operators scrambling to review their own marketing deals and could spark more litigation at FERC, experts say.

  • December 4, 2017

    Medical Group's Rehiring Ban Is Illegal, 9th Circ. Told

    A California doctor urged the Ninth Circuit to overturn a lower court’s ruling enforcing his settlement with California Emergency Physicians Medical Group, which prohibits him from working with the health care chain, arguing Monday that the deal violates state law by imposing substantial restrictions on where he can work.

  • December 4, 2017

    $1.1M Award In Refinery Row Can Stand, English Judge Says

    Trinidad and Tobago's state-owned energy company has failed to convince an English High Court justice to set aside a $1.1 million arbitral award issued to a Samsung Engineering Co. Ltd. subsidiary following a dispute centering on the construction of certain structures at an oil refinery.

  • December 4, 2017

    O'Reilly, Fox Sued For Improperly Disparaging Accuser

    A former Fox News producer who settled harassment allegations with onetime star anchor Bill O’Reilly more than 15 years ago sued him in New York federal court Monday for allegedly breaching their deal by publicly insinuating that her claims were politically and financially motivated.

  • December 4, 2017

    Sony Says HannStar Flipped In Its Bid To Duck Antitrust Deal

    Sony told a California federal court on Friday that HannStar is still trying to escape a $4.1 million settlement over a scheme to fix prices for liquid crystal displays and has now flipped its position after the U.S. Supreme Court declined to take up its appeal in October.

  • December 4, 2017

    High Court Won't Hear Dow's Appeal Of $455M Bayer Award

    The U.S. Supreme Court opted Monday not to hear Dow AgroSciences LLC’s bid to overturn a $455 million arbitral award issued to two Bayer AG subsidiaries over infringement of weed control patents, ending a yearslong dispute over a gene for herbicide resistance.

  • December 4, 2017

    Ex-Statoil Exec's Wife Wants Out Of Trade Secrets Suit

    The wife of a former Statoil unit chief argued Friday that the court should dismiss the company’s claims against her because it had failed to prove she knew about her husband’s alleged scheme to steal information and technology to benefit a business he set up after leaving the company.

  • December 4, 2017

    ConocoPhillips, Ecuador Sign $337M Deal To Settle Oil Dispute

    ConocoPhillips Co. has reached a $337 million deal with Ecuador to settle a dispute over oil profits involving the expropriation of a subsidiary’s investment, the company said Monday.

  • December 4, 2017

    Katy Perry, Catholic Church Win $10M In Convent Sale Trial

    A California jury awarded $10 million in punitive damages to Katy Perry and the Roman Catholic Archbishop of Los Angeles on Monday after finding that a real estate developer acted with malice in interfering with the pop star's planned $14.5 million purchase of a sprawling empty convent.

  • December 4, 2017

    Ex-Pharma Staffing Exec Wants Out Of Noncompete Suit

    The former director of Medix Staffing Solutions Inc.’s pharmaceutical and biotechnology staffing division asked a Illinois federal judge on Friday to dismiss the staffing agency’s suit alleging he breached his employment contract by joining rival ProLink Staffing.

  • December 1, 2017

    Insurance Co. Sues To Not Cover Investment Co.'s SEC Probe

    Wesco Insurance Co. sued Yellowstone Partners LLC on Friday in Idaho federal court, seeking a declaratory judgment that it need not provide coverage for a situation in which a self-report of millions of dollars in client overbillings led to an SEC investigation.

Expert Analysis

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • 4 Liquidated Damage Provision Drafting Mistakes To Avoid

    Shepard Davidson

    When drafting a contract, thinking like a litigator can help you avoid land mines that you might otherwise be unaware of. Even though the liquidated damage provision may be tried and true, it can still be vulnerable in a variety of ways, say Shepard Davidson and Kelly Kirby of Burns & Levinson LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Countering Statutes Of Limitations With Equitable Estoppel

    David Newman

    There are only a few situations in which a New York plaintiff can avail itself of the discovery rule to delay the accrual of a cause of action. However, New York does offer parties a way to avail themselves of discovery-rule-like protections — the doctrine of equitable estoppel, say David Newman and Matthew Lippert of Sills Cummis & Gross PC.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Curing A Default: When Is It Too Late?

    Adam Wolk

    There remains some debate as to whether events of default can be cured in the absence of, or after the lapse of, an express cure period in credit agreements, and there is little judicial discussion on this specific scenario, say attorneys with Mayer Brown LLP.

  • Weinstein Scandal Highlights Employment Contract Questions

    Lynne Bernabei

    The Weinstein Company recently fired Harvey Weinstein following a report that he harassed and assaulted multiple women over the last three decades. However, beyond the allegations, the reported terms of Weinstein’s contract with the company raise several legal questions, say Lynne Bernabei and Michael Ellement of Bernabei & Kabat PLLC.