Commercial Contracts

  • March 9, 2018

    Versata Challenges Ford’s Bid For Judgment In IP Suit

    Versata Software Inc. fired back Friday at Ford’s attempt to get a win in its suit in Michigan federal court seeking a declaration that the automotive giant did not infringe on Versata’s patents for automobile configuration software, saying that Ford’s arguments contradict evidence on the record and even its own experts.

  • March 9, 2018

    Texas Pharma Delivery Co. Wins $24M In Tech Battle

    A Texas federal judge on Thursday awarded $24 million to a pharmaceutical service company that accused nursing home industry businesses of using its confidential information to set up a competitor, but affirmed a jury’s finding there had been no patent infringement.

  • March 9, 2018

    Enerplus Asks 8th Circ. To Affirm Win In $3M Royalty Row

    Oil and gas exploration company Enerplus Resources Corp. urged the Eighth Circuit to cement its victory in a lawsuit it brought to recover $2.96 million in mistaken royalty overpayments it made to a Three Affiliated Tribes member and his former and current attorneys.

  • March 9, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a BMW plant lodge a commercial fraud claim against Barclays, another dispute between Barents Re and Petróleos de Venezuela's captive insurer and AXA take on a rival private health insurer.

  • March 9, 2018

    DC Circ. Revives Fired Defense Base Workers' Claims

    The Defense Base Act does not preempt breach of contract allegations brought by two overseas military base contractors against their former employer Torres Advanced Enterprise Solutions LLC after they were fired in relation to a workers' compensation claim, the D.C. Circuit ruled Friday.

  • March 8, 2018

    Texas Court Sends Suit Over Trucker’s Death To Arbitration

    A Texas appeals court on Thursday sent to arbitration a suit accusing a gasoline transportation company of being responsible for an employee’s death in a highway accident, saying it is up to an arbitrator to determine the validity of the truck driver’s employee health and safety contract.

  • March 8, 2018

    Sony, HannStar Settle LCD Price-Fixing Row

    More than five years of litigation after reaching an initial agreement, Sony settled with HannStar for its role in a price-fixing scheme involving liquid crystal displays, as a California judge signed off Tuesday on the parties’ agreement to dismiss the claim from multidistrict litigation.

  • March 8, 2018

    Lehman Gets $2.4B Value On RMBS Claims By Trustees

    Lehman Brothers Holdings Inc. attorneys said it will pay just shy of $2.4 billion to cover investors’ claims over financial crisis-era residential mortgage-backed securities after a New York bankruptcy judge on Thursday sided with the defunct bank following a trial to determine the claims’ value.

  • March 8, 2018

    Uber Drivers Get Cert. And Win In Safe Ride Fee Row

    A California federal judge Thursday handed a win to a group of Uber Technologies Inc. drivers who say their contract was breached through the overcharging of a $1 “safe ride” fee.

  • March 8, 2018

    Energy Consultant Fights Arbitration Ban On $775M BP Sale

    International Energy Ventures Management LLC told a Texas federal court Wednesday that an arbitrator improperly tackled issues better left to the courts in finding the oil and gas consultancy waived its right to arbitrate a dispute involving a $775 million BP PLC asset sale.

  • March 8, 2018

    Ex-Ute Worker's Contract Is Invalid, Tribal Court Says

    The Ute Indian tribe announced that it has been handed a win from its own tribal court as part of a sprawling contract dispute involving a former employee of its energy and minerals department, saying the court found that his contract wasn’t valid.

  • March 8, 2018

    Buchanan Ingersoll Adds 4 Ex-Barnett Bolt Attys In Tampa

    Buchanan Ingersoll & Rooney PC has hired four attorneys from Barnett Bolt Kirkwood Long & Koche PA for its Tampa, Florida, office as the law firm broadens its practice areas in the state and the nation.

  • March 7, 2018

    Stormy Daniels Says Trump Atty Got Secret Restraining Order

    President Donald Trump’s lawyer obtained a restraining order to keep adult film actress Stormy Daniels quiet about her dealings with him, getting an arbitrator to sign it just days before she filed a California state court suit alleging her confidentiality agreement is void, according to reports on Wednesday.

  • March 7, 2018

    YouTube Dodges Zombie Video Makers' Contract Suit

    YouTube escaped a suit brought by the creative minds behind zombie-killing videos who said an algorithm switch that led to declining ad revenue constituted a breach of contract, after a California federal judge found Wednesday that YouTube was explicit about its terms with the content providers.

  • March 7, 2018

    Texas High Court Asked To Tackle 6-Year Atty DQ Row Again

    The Texas Supreme Court has been asked to weigh in for a second time in a six-year disqualification dispute between Chilean mining company Inppamet and lead smelting company RSR, with RSR claiming that Inppamet is attempting to have “a second bite at the disqualification apple.”

  • March 7, 2018

    Obopay’s RICO Counterclaims Survive In E-Payments Suit

    A California federal judge on Wednesday denied a bid from a payment processing company to dismiss a RICO counterclaim stemming from its fraud and breach of contract claims against Obopay, saying Obopay gave enough details to sufficiently plead its case.

  • March 7, 2018

    Texas Energy Co. Wants $100M For Usurped Anadarko Bid

    A Texas energy company is seeking more than $100 million in a state court suit against Anadarko Petroleum Corp. and a private equity firm it claims used confidential information about a 40,000-acre Utah oil and gas property to poach its opportunity to buy the energy assets.

  • March 7, 2018

    NASA Supplier Wins $3.1M In Suit Against Turncoat Salesman

    A Pennsylvania federal judge awarded $3.1 million in damages to NASA supplier Advanced Fluid Systems Inc. on Tuesday on claims that a former employee stole designs and usurped a contracting opportunity for hydraulic systems at a government-run rocket launch facility.

  • March 7, 2018

    Wells Fargo Sues Fund For $16M Over Missed Margin Calls

    Wells Fargo Securities LLC leveled a lawsuit at LJM Investment Fund LP in New York federal court on Tuesday, seeking to recover more than $16 million the financial giant says it doled out to cover the commodity pool’s losses in February’s stock market fall.

  • March 7, 2018

    Virginia AG Files Suit Over Alleged 'Pension Sale' Plan

    Virginia’s attorney general alleged in a lawsuit on Tuesday that about 650 commonwealth consumers have been deceived by an allegedly illegal “pension sale” plan, saying the scheme violated the Virginia Consumer Protection Act.

Expert Analysis

  • Approaching Restaurant Leases As A Tenant: Part 1

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP.

  • The Allure And Pitfalls Of Earnouts: Part 1

    Gail Weinstein

    Earnouts in M&A often prevent disagreements during the negotiation of the deal price only to result in post-closing disputes over the earnout itself. The most recent Delaware earnout decision, GreenStar v. Tutor Perini, provides a stark illustration of the need for clear, specific earnout-related provisions, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • 6 Not-So-Obvious Considerations For Lease Term Sheets

    Daniel Suckerman

    Tenants often rely on lease negotiations to flesh out details that could be ironed out in term sheets earlier in the process, when tenants usually have stronger bargaining power. Neglecting to address these issues early on may end up causing a lot of heartache, says Daniel Suckerman of Lowenstein Sandler LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • The Software Implementation Project Failed — Now What?

    David Shapiro

    The implementation of a new software system is expensive and time-consuming, and in an alarming number of cases it does not go well. If a company has concluded that a software project has failed, it has various options, but all are based on one unshakable fact: Software implementation failures are incredibly expensive to remediate, says David Shapiro of the Shapiro Litigation Group.

  • Deals And Due Diligence In The #MeToo Era

    Stephen Amdur

    The #MeToo movement has created a new and unfamiliar category of risk for potential investors in or acquirers of businesses that are heavily reliant on a small number of key individuals, the retention of top talent and public goodwill. A cautious buyer, however, can take a number of steps to mitigate these risks, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    Int'l Arbitration Will Keep Thriving Despite Trump Agenda

    Ava Borrasso

    While there may be minor deviations along the way, international arbitration has made many recent gains and will no doubt continue to flourish in the age of Trump and beyond, says Ava Borrasso, a Miami-based attorney specializing in international commercial litigation and arbitration.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.