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Commercial Contracts

  • August 10, 2018

    Chinese Wind Energy Co. Can Enforce $70M Arbitration Award

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. won their bid to confirm a $70 million arbitration award against another investor, when a Texas federal judge found no justification for altering the award.

  • August 10, 2018

    City Can't Ax Neighboring Town's Walmart Contract Suit

    A Texas appellate court has upheld a trial court's ruling that the city of Westworth Village cannot claim immunity in a lawsuit brought by neighboring town White Settlement in a dispute over a contract to build a Walmart and Sam's Club that straddled the border between the municipalities.

  • August 10, 2018

    Pittsburgh Airport Wants Carrier To Return Grant Money

    Startup airline OneJet reduced its flights from Pittsburgh in violation of a $1 million grant that Pittsburgh International Airport awarded the carrier in 2016, the airport alleged in a lawsuit filed Friday.

  • August 10, 2018

    Ex-Tennis Star Says Claims Outside Arbitration Agreement

    Romanian billionaire and former tennis star Ion Tiriac told a New York federal court on Thursday that he doesn't have to take his lawsuits against the CEO of the Women's Tennis Association into arbitration, saying the parties and the issues are outside the cited arbitration agreement.

  • August 10, 2018

    Defunct NC For-Profit Law School Must Still Honor Lease

    A North Carolina state judge on Friday found InfiniLaw Corp.'s Charlotte School of Law in breach of its office building lease, rejecting the for-profit institution’s argument that it should be forgiven the unpaid rent since last October because that’s when government agencies crippled its ability to function. 

  • August 10, 2018

    Atty Referred Case Against Client To His Dad, Suit Says

    A Chicago attorney hired to defend a woman and her employer, a litigation finance company, referred a separate lawsuit filed by the company against the woman to his dad and shared privileged information that undercut her interests, according to a lawsuit filed Thursday in Illinois state court.

  • August 10, 2018

    Monster Beats $8.9M Fees Suit From Investment Bank

    A New York federal judge said Friday that Monster Worldwide Inc. does not owe Stone Key Partners LLC about $8.9 million in fees and costs for the boutique investment bank's role in evaluating strategic alternatives because the transactions that the job-search site ultimately completed were either too small or too late.

  • August 10, 2018

    Chesapeake Energy Reaches $8M Deal On Gas Royalty Suits

    Chesapeake Energy Inc. has reached a tentative $7.75 million settlement in two proposed class action suits over allegedly inflated costs and fees deducted from leaseholders’ gas royalty payments, according to filings in Pennsylvania federal court Thursday.

  • August 10, 2018

    Aviation Co. Fights For Award In Helicopter Contract Row

    Multinational aviation company Starlite Investments Ireland Ltd. asked a Texas federal judge to confirm an emergency arbitration award over certain payments in a dispute with a Fort Worth-based helicopter manufacturer relating to a U.S. government contract for military operations in Afghanistan, arguing that the court has the authority to do so.

  • August 10, 2018

    DC Metro Contractor Sues Insurer, Bond Co. For $2.1M

    A subcontractor on a Washington, D.C., metro improvement project slapped a contract bond provider and an insurance company with a suit in Illinois federal court on Thursday, alleging it’s owed $2.1 million under a payment bond after a bankruptcy court ordered it to give the money back.

  • August 9, 2018

    Big3-Champions Feud Heats Up With Dueling Letters

    The legal feud between rival startup basketball leagues Big3 Basketball LLC and Champions League Inc. reached a fever pitch Wednesday, as Champions complained to the federal judge overseeing the case that Big3 has improperly threatened “criminal-regulatory sanctions” while Big3 reiterated accusations that Champions is nothing but a fraud.

  • August 9, 2018

    Studios' Snub Shows Conspiracy, VidAngel Tells 9th Circ.

    VidAngel Inc. urged the Ninth Circuit to revive the company's antitrust counterclaims in the copyright infringement suit brought by Disney, Lucasfilm and other movie studios, saying during oral arguments Thursday that the refusal of all the major studios to play ball with the family-friendly streaming service supports an inference of a conspiracy among them.

  • August 9, 2018

    Calif. Panel Revives Olympic Hopeful's Win Against Atty

    A California state appeals court said in a published opinion that a lower court was wrong to throw out a jury verdict against an attorney over his representation of an Olympic-hopeful athlete in a dispute with USA Swimming, restoring the verdict and directing the court to notify the state bar of the lawyer's conduct.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    Relativity Wins Approval Of Creditor Settlement, Final DIP

    Relativity Media LLC defeated a U.S. Trustee objection Thursday to secure bankruptcy court approval of a settlement with its creditor groups that paves the way for a sale of the company to its senior lenders, and was authorized to tap the remainder of a $4 million debtor-in-possession loan.

  • August 9, 2018

    Stroock Hires Executive Compensation Partner For NY Office

    Stroock & Stroock & Lavan LLP announced the hiring Wednesday of the second new partner in two months for its benefits practice group, picking up a Katten Muchin Rosenman LLP attorney with 17 years of legal experience and a specialization in executive compensation issues for its New York office.

  • August 9, 2018

    Atty Fees In $5M Chinese Award Row Must Also Be Arbitrated

    A California federal judge has rebuffed a bid for attorneys' fees after confirming a more than $5 million arbitral award against a nutraceutical company, which was issued to two individuals following a dispute over a share transfer, saying the pair must heed the terms of their own arbitration agreement.

  • August 9, 2018

    GM Trust, Lenders Told To Resolve $1.5B Loan Row Quickly

    A New York bankruptcy judge Thursday urged General Motors Co.'s bankruptcy trust and JPMorgan Chase Bank NA to pick up the pace following a bellwether ruling in 2017 intended to resolve a dispute over the nature and value of security interests in GM plants related to a $1.5 billion term loan.

  • August 9, 2018

    Oil & Gas Co. Wins Water Use Fight With Texas Landowner

    A Texas appeals court has ruled that the accommodation doctrine in oil and gas drilling agreements does not obligate a driller to use a surface landowner's water during operations, affirming a summary judgment in favor of Rosetta Resources Operating LP.

  • August 9, 2018

    Oil & Gas Co. Strikes $3M Deal In Royalty Interest Row

    A proposed class of oil and gas royalty owners and Citation Oil & Gas Corp. have agreed to a $3 million deal to settle allegations that the company failed to pay interest on allegedly late royalty payments, the putative class told an Oklahoma federal court Wednesday.

Expert Analysis

  • ADR And The Solomonic Solution

    Gary Birnberg

    Is mediation an exercise in baby-splitting? I argue that it is not. Tactical positioning, available resources, psychological considerations, and internal value and risk analysis all conspire to create a dynamic in which a Solomonically even split is not a realistic solution, says Gary Birnberg of JAMS.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Claims Trading Lessons From Delaware Bankruptcy Court

    Michael Rupe

    The Delaware bankruptcy court's opinion last month in Woodbridge serves as a cautionary reminder that policy preferences for free claim assignability do not serve to nullify properly drafted anti-assignment provisions, say attorneys with King & Spalding LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.