Commercial Contracts

  • October 6, 2017

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

    The last week has seen Qatar's QNB Group sue Eritrea, a commercial property development lodge a claim against Clydesdale Bank, and a suit against independent administrator Carey Pensions over financial transactions. Here, Law360 looks at those and other new claims in the U.K.

  • October 5, 2017

    Chicago Font Co. Takes Aim At Target's Use Of Typeface

    Target is using a font company's most popular typeface in branding and advertising far beyond what is allowed by the firms' licensing agreement, according to an infringement suit filed against the retail giant in Illinois federal court Wednesday.

  • October 5, 2017

    Heartland Gets Initial OK For $2.5M Deal In AmEx Fee Suit

    A New Jersey federal judge Wednesday preliminarily approved a $2.5 million settlement that ends a Texas restaurant operator's proposed class action against Heartland Payment Systems Inc. for allegedly making merchants pay increased fees for processing American Express transactions.

  • October 5, 2017

    Texas Energy Cos. Can't Block Rival's Atty Fee Win

    A Texas appeals court on Thursday affirmed a $280,000 attorneys’ fee award to Crawford Hughes Operating Co., rejecting arguments from a group of energy companies that formerly worked with Crawford that a trial court wrongly granted a new trial on the fee issue.

  • October 5, 2017

    Sunoco Loses Redo Bid At 3rd Circ. Over Rewards Program

    The Third Circuit on Wednesday rejected Sunoco Inc.’s bid for review of the court’s split decision refusing to allow the fuel giant to force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations.

  • October 5, 2017

    Westinghouse Seeks OK To Pay $8.3M In Exec Incentives

    Westinghouse Electric Co. LLC asked a New York bankruptcy court Wednesday for permission to pay up to $8.3 million in bonuses to company executives and raise the salaries of its chief officers, saying that the adjustments are critical to maintaining the debtors' workforce and enhancing enterprise value.

  • October 5, 2017

    5th Circ. Won't Lift Ex-Statoil Exec Injunction In IP Suit

    The Fifth Circuit on Wednesday declined to lift an injunction forbidding a former Statoil unit’s chief technology officer from using information and technology he is accused of stealing to help his own business venture, but agreed to fast-track his appeal of the injunction.

  • October 5, 2017

    Mexican Drilling Co.'s $6.7M Award In Charter Row Confirmed

    A Louisiana federal court Wednesday confirmed a $6.7 million arbitral award and interest to a Mexican drilling company following its dispute with a Louisiana company over the maintenance of three chartered drilling barges, finding that even if an arbitrator had not awarded it, interest is conferred as a matter of law.

  • October 5, 2017

    Hotel Reservation Website Hit With Suit Over Hidden Fees

    A proposed class of consumers filed a breach of contract suit against the operators of hotel booking site Reservations.com on Wednesday, telling a Florida federal court that they duped customers into paying a hidden booking fee in violation of state and federal consumer protection laws.

  • October 5, 2017

    Russia Pol Looks To Nix Fees In $92.5M Moscow Mall Row

    A former Russian lawmaker urged the Ninth Circuit on Wednesday to overturn the $133,000 in attorneys' fees he was ordered to pay his ex-business partner after losing a challenge to a $92.5 million arbitral award issued to the partner in a dispute over a Moscow mall, arguing the fees aren’t warranted as he did not bring the challenge in bad faith.

  • October 5, 2017

    Fiat Chrysler Blasts 'Fishing Expedition' In Dealership Suit

    A group of auto dealers seeking documents Fiat Chrysler sent to the federal government as part of several investigations have embarked on a “nationwide fishing expedition,” the automaker told an Illinois federal court Tuesday, urging the judge to reject the dealers’ request for such information.

  • October 5, 2017

    Publisher Can't Duck $10M Yiannopoulos Book Deal Row

    A New York state judge Thursday refused to shoot down a $10 million lawsuit by Milo Yiannopoulos accusing his former publisher of breaching its contract obligations, finding that the controversial conservative commentator’s silence following the termination of his book deal didn’t doom his right to sue.

  • October 5, 2017

    No Quick Win For ENGlobal In Power Plant Contract Row

    A Texas federal judge declined to grant ENGlobal U.S. Inc. a quick win on its claims that Native American Services Corp. failed to fully pay it for work on a consulting and engineering contact, deciding Wednesday that initial evidence pointed toward deficient contractor performance.

  • October 4, 2017

    11th Circ. Kills Malpractice Claims Against Boies Schiller

    An Eleventh Circuit panel Wednesday did not revive claims of malpractice against Boies Schiller Flexner LLP by Colombian nationals who said the firm put them at risk for retaliation, ruling that they failed to show an injury.

  • October 4, 2017

    Frontier Hid $10.5B Verizon Purchase Deadbeats: Investors

    Frontier Communications Corp. was hit with a putative class action Wednesday in Connecticut federal court alleging the communication services provider violated securities law by hiding financial concerns related to a mass of unpaid user accounts acquired with its $10.5 billion Verizon Communications Inc. purchase.

  • October 4, 2017

    Deal Lets Steubenville Rapist Stay On YSU Football Team

    A Youngstown State University football player convicted in the infamous 2012 Steubenville rape case will still be eligible to play football at the Ohio university after he and the school struck a deal on Monday to settle his discrimination claims.

  • October 4, 2017

    Insurer Need Not Cover $23M Suit Over Energy Asset Sales

    A North Dakota federal judge on Tuesday dismissed an oil-services company's case against an insurer over underlying unfair-competition claims from a rival, saying the company and an executive were not insured.

  • October 4, 2017

    MarkitServ Wants Withheld Data In Antitrust Suit

    Financial technology company TrueEx LLC, which has accused interest rate swap trading company MarkitServ Ltd. of having a monopoly on the processing service industry, is impeding experts’ time to analyze data by not cooperating with document requests, MarkitServ argued in New York federal court on Tuesday.

  • October 4, 2017

    Energy Co. Hit With Sanctions Over Detained Ship Costs

    A California magistrate judge on Tuesday ordered an energy company to pay sanctions for failing to post costs for a ship it had detained, saying the company has admitted to not paying the costs even though it appears able to do so.

  • October 3, 2017

    Feds Aim To Pause Soccer TV Rights Bribery Suit

    The federal government asked a Florida federal judge Monday to stay discovery in a television channel’s bribery lawsuit over broadcast rights awarded to units of 21st Century Fox Inc. for South American soccer tournaments until a criminal trial involving some of the defendants is completed.

Expert Analysis

  • A Pro-Consumer, Pro-Arbitration Approach At The CFPB

    Eric Mogilnicki

    The U.S. Senate’s upcoming vote on the Consumer Financial Protection Bureau’s arbitration rule need not involve a choice between preserving or ending the status quo on arbitration. Instead, a vote to preserve arbitration by defeating the bureau’s arbitration rule could open the door to a solution that strengthens consumers’ ability to resolve disputes with financial institutions, say Eric Mogilnicki and Eitan Levisohn of Covington & Burling LLP.

  • Harvey’s Aftermath For The US Oil And Gas Sector

    Thomas Ciarlone Jr.

    As the U.S. oil and gas industry recovers from Hurricane Harvey, operators must also be aware that force majeure clauses, excusing nonperformance during natural disasters, may not provide as much cover as they think, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • CareFirst And Constitutional Standing: A Post-Spokeo Review

    Cinthia Granados Motley

    When it comes to the issue of Article III standing in data breach cases, the D.C. Circuit’s recent decision in Attias v. CareFirst demonstrates the analysis many appellate courts now seem to be applying, say attorneys with Sedgwick LLP.

  • PRC Court Refuses To Enforce Singapore Arbitration Award

    James Kwan

    The ruling by the Shanghai No.1 Intermediate People's Court in Noble Resources International v. Shanghai Good Credit International Trade is potentially significant for claimants who are considering using expedited procedures under older versions of the Singapore International Arbitration Centre rules, says James Kwan of Hogan Lovells.

  • 2 Del. Decisions Bring Practice Points For MLP Planners

    Thomas Mullen

    Two recent decisions by the Delaware courts — Brinckerhoff v. Enbridge Energy and Morris v. Spectra Energy — underscore the importance for a master limited partnership sponsor to avail itself fully of the latitude provided by the Delaware Revised Uniform Limited Partnership Act to privately order the affairs of the MLP, say attorneys with Potter Anderson & Corroon LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Lessees Left In Limbo

    Kate Thomas

    The Ninth Circuit’s recent decision in Spanish Peaks casts doubt on the scope of protection that lessees may have when their leased real property is sold under Section 363 of the Bankruptcy Code, says Kate Thomas of Squire Patton Boggs LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.