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Commercial Contracts

  • October 5, 2018

    Tilton Loses Bid To Seal Tax Documents On Appeal

    A New York appeals court has rejected a bid by Lynn Tilton and her company Patriarch Management to keep certain tax and financial information private in their dispute with a German lender.

  • October 5, 2018

    Calif. Tribe Members Can't Ax $5M Casino Project Fraud Suit

    A California federal judge nixed an attempt by members of the Pinoleville Pomo Nation to dismiss JW Gaming Development LLC’s suit accusing them of luring the company into investing $5.38 million in a fraudulent casino project, ruling Friday that the defendants are not entitled to sovereign immunity.

  • October 5, 2018

    Shipping Co. Must Pay $49M For Copycat Container Designs

    A Texas state court has awarded SandBox Logistics LLC more than $49.2 million and all the shipping containers manufactured by a rival company after finding its CEO violated a nondisclosure agreement and created copycat containers, but the rival company has pledged to appeal.

  • October 5, 2018

    Ala. Justices Say Nursing Home Can’t Arbitrate Death Suit

    The Alabama Supreme Court on Friday reversed a trial judge’s decision to send to arbitration a wrongful death suit against a nursing home, saying the patient was incapacitated and unable to confer legal authority to his daughter when she signed the arbitration agreement on his behalf.

  • October 5, 2018

    Verizon Jumped Gun By Changing Call Fees, Pa. Agency Finds

    Verizon shouldn’t have decided on its own to reduce a telecom’s fees for calls that got routed through the internet based on its own view of a Federal Communications Commission order, a Pennsylvania judge has ruled.

  • October 5, 2018

    Chesapeake Beats Ohio Class Cert. As Attys Criticized

    An Ohio federal judge on Friday denied a bid to certify a class action brought in pursuit of allegedly underpaid oil and gas royalties, calling into question the adequacy of the work by the attorneys pursuing the case against a Chesapeake Energy Corp. unit..

  • October 5, 2018

    Ericsson Insists HTC Must Prove SEP Royalties Breach

    Cellphone maker HTC America Inc., which is suing Swedish telecom Ericsson Inc. in Texas federal court for allegedly overcharging for aging standard-essential patents, bears the burden of proof for its breach-of-contract claim, Ericsson has said in a brief.

  • October 5, 2018

    CSX Says Norfolk Southern Monopolizing Va. Railroad

    CSX Transportation Inc. has sued fellow railroad giant Norfolk Southern Railway Co. in Virginia federal court over the latter’s dominant control of a small railroad they co-own, alleging Norfolk Southern has used that power to create “monopolistic control” over traffic in and out of Virginia’s largest international shipping terminal.

  • October 5, 2018

    Atty Looks To Check Out Of Timeshare-Exit Contract Suit

    A lawyer who assisted a firm specializing in helping customers exit timeshare deals has asked a Florida federal court to dismiss him from a resort company’s suit against the exit firm, arguing that he merely wrote "boilerplate" letters as an outside contractor and shouldn't be included in the suit.

  • October 4, 2018

    Ex-Camera Co. Prez Fights Rams Owner's Attys' Fees Claim

    The former president of two aerial camera companies, who’s suing Los Angeles Rams owner Stan Kroenke's entertainment holding company in Texas federal court for purchasing them, hit back on Thursday against Kroenke’s request that he pay $36,000 in attorneys fees for failing to answer questions at a contentious deposition in March.

  • October 4, 2018

    Bankrupt Verity Health Fights Leases, Citing $25M Loss

    Nonprofit hospital chain Verity Health asked a California bankruptcy court on Wednesday to be allowed to cut its ties to a sports medicine practice, saying the contracts would cost the chain $25 million over the next nine years.

  • October 4, 2018

    Applebee's Opposes Ch. 11 Franchise Deal Rejection Attempt

    The parent company of restaurant chain Applebee's objected Thursday in Delaware bankruptcy court to an attempt by its largest franchisee to reject the agreements that allow debtor RMH Franchise Holdings to operate six restaurants, saying it still believes the deals were terminated before the bankruptcy case began.

  • October 4, 2018

    Ex-Morgan Lewis Client Challenges Subpoena In $30M Suit

    Towers Watson Delaware has told a Pennsylvania state court that its former firm Morgan Lewis & Bockius, which Towers Watson sued for $30 million for allegedly working against its interests, has once again attempted to subpoena privileged documents as part of the discovery process.

  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    Aruba Airline Passengers Seek Cert. In Exit Fee Suit

    Inselair Aruba NV passengers asked a Florida federal judge on Wednesday for class certification in their suit against the Dutch Caribbean airline for allegedly charging them last-minute illegal and mandatory exit fees before they boarded flights from Miami International Airport.

  • October 4, 2018

    Hong Kong Doc Denied Bail As Flight Risk In Bribery Case

    A New York federal judge denied bail once again on Thursday to a doctor from Hong Kong accused of bribing African officials for favors in the energy and banking industries, saying he’s a flight risk and there are no conditions the court could set to guarantee his presence at trial.

  • October 4, 2018

    Petrobras Can't Prove Bias To Nix $622M Award, Vantage Says

    Vantage Deepwater Co. defended a $622 million arbitral award over a drilling contract against Brazilian oil company Petrobras, telling a Texas federal court Petrobas’ claims that the driller's appointed arbitrator was biased don’t meet the high standard to warrant vacating the award.

  • October 4, 2018

    Quinn Emanuel Nabs Veteran Media Atty From Irell & Manella

    Quinn Emanuel Urquhart & Sullivan LLP has snagged a former Irell & Manella LLP partner and veteran entertainment attorney, who brings with him more than three decades of experience representing blockbuster media companies from Paramount Pictures to Hulu, the firm said Wednesday.

  • October 3, 2018

    American Airlines Ducks Class Action Over Late Check-Ins

    An Illinois federal judge has struck down class action allegations over American Airlines’ alleged unwritten policy of booting passengers who check in too close to their departure time, saying the passengers’ circumstances are too personal to be considered as a group.

  • October 3, 2018

    Coal Supply Agreement Won’t End In FirstEnergy Bankruptcy

    An Ohio bankruptcy judge on Tuesday turned down FirstEnergy Solutions Corp.'s request to end a decadeslong coal purchase deal with Murray Energy Corp. that the coal giant argued was inextricably tied to its contract to dispose of FirstEnergy's coal waste.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 5 Big Changes To Pa. Contractor Payment Law

    Kenneth Cushing

    Pennsylvania's amended Contractor and Subcontractor Payment Act, which will apply to construction contracts entered into on or after Oct. 10, will provide downstream entities with robust protections to better ensure prompt payment for completed work, says Kenneth Cushing of Cozen O'Connor.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Why Contract Analytics Are Essential To Minimizing Risk

    Drimalla_Ryan.jpg

    In most enterprises, certain critical data remains in silos and cannot be leveraged in a standardized way across all units and issues. By applying analytics to contracts from the small silos and looking at them as a key source of information, executives and counsel can get a clear picture of the overall business, says Ryan Drimalla of FTI Consulting.