Commercial Contracts

  • January 5, 2018

    UNC Med School Gets No-Hires Antitrust Settlement Cleared

    A North Carolina federal judge on Thursday signed off on a settlement under which the University of North Carolina School of Medicine agrees to a prohibition on no-hire arrangements, leaving only the Duke University School of Medicine to face antitrust allegations and damages claims from an instructor.

  • January 4, 2018

    8th Circ. Grants Grocer Jury Trial In $85M Contract Row

    An Eighth Circuit panel on Thursday reversed a lower court's ruling to deny Borowiak IGA Foodliner Inc.’s jury trial demand in a two-lawsuit case that has Borowiak locking horns with other grocers in an $85 million contract breach dispute, directing the district court to reinstate the trial.

  • January 4, 2018

    Hyundai, VW Reach Deals With Driverless Car Startup

    Aurora Innovation, the new driverless car startup from a former Tesla Autopilot program director and an ex-Google employee, announced two separate deals with Hyundai and Volkswagen Thursday.

  • January 4, 2018

    4 Things To Know About The Latest FRAND Rate-Setting Case

    A California federal judge added to case law on standard-essential patents late last month by holding that Ericsson did not offer to license its patents on reasonable terms, then becoming only the fourth U.S. judge to determine a royalty rate for essential patents. Here are four takeaways from the decision.

  • January 4, 2018

    Calif. Bill Bars Secret Settlements In Sex Misconduct Cases

    A California bill that would prohibit someone accused of sexual assault, harassment or discrimination in the workplace from settling allegations with an agreement that includes a confidentiality provision was introduced by a female senator Wednesday, who said such secrecy keeps “these aggressors unaccountable.”

  • January 4, 2018

    AT&T Sues Ill. Phone Co. For Failing To Pay For Facilities

    AT&T hit its client Mediacom Telephony of Illinois with a lawsuit in Illinois federal court on Wednesday, alleging the Mediacom subsidiary failed to pay it for facilities and equipment for 911 services.

  • January 4, 2018

    Mexican Firm's Contract Claim Adds Wrinkles To M&G Ch. 11

    A major Mexican customer of bankrupt M&G USA Corp. has objected to what it said was M&G’s move to take up contracts of affiliates not connected with the $1.7 billion Delaware bankruptcy in a sale of debtor’s assets.

  • January 4, 2018

    Insurer Says No Duty To Defend In Utility Damage Suit

    Atain Specialty Insurance Co. shouldn’t have to defend a construction company that’s being sued by a telephone company for digging up its underground phone lines, the insurer told a Texas federal court Thursday, since Atain only insured the “tractor services” arm of the company — not its excavation unit.

  • January 4, 2018

    Trump's Atty Threatens Writer, Publisher With Libel Suit

    President Donald Trump’s attorney threatened the author and publisher of an upcoming book with a libel suit Thursday, a day after sending Trump's ex-chief strategist Stephen Bannon a similar letter accusing him of violating an employment agreement by making defamatory comments about the president that were published in the book.

  • January 4, 2018

    Weinstein Co. Loses Attys Over Unpaid Bills In Rights Suit

    A California federal judge on Thursday said he’d allow Greenberg Glusker Fields Claman & Machtinger LLP to stop representing scandal-wracked The Weinstein Co. in a dispute over rights to “Children of the Corn,” after the firm said the company had stopped paying legal bills.

  • January 4, 2018

    United Settles Claims Over Cancellation-Credit Booking Fees

    United Airlines Inc. has settled putative class allegations that it hasn’t been honoring promises not to charge fees when passengers book flights using credit from canceled tickets, according to an order filed Wednesday in New Jersey federal court.

  • January 4, 2018

    Fla. Infectious Disease Doctors Escape Price-Fixing Suit

    A Florida federal judge on Wednesday tossed a suit by an infectious disease doctor who accused three rivals of conspiring to fix their prices and push her out of a contract with the local medical center, saying she is not an “efficient enforcer” of the antitrust claims.

  • January 4, 2018

    Apple Calls $25K Daily Sanctions In Qualcomm Case Harsh

    Apple asked a California federal court on Wednesday to nix a $25,000-per-day fine, arguing that the sanctions imposed by a magistrate judge last month for delays in producing documents in the antitrust litigation against Qualcomm were unduly harsh.

  • January 4, 2018

    Biofuel Co. Wants New Trial In $90M Suit Over Supply Pact

    A Utah biodiesel fuel producer asked a New York federal judge on Tuesday to toss a $25.3 million verdict issued to a Singapore biofuel trader over the former's admitted breach of a $90 million purchase contract, arguing that the court failed to properly instruct the jury on the cap in damages they could award.

  • January 4, 2018

    Shipping Co.'s $800K Award For Canceled Cow Shipment OK'd

    A Florida federal judge on Wednesday confirmed a nearly $800,000 award issued to a shipping company following a dispute with a Turkish importer over a canceled dairy cow shipment, adopting a magistrate judge's recommendation that the importer's owners should be held liable for paying the award.

  • January 4, 2018

    End Of The Line For ‘Rambling’ RICO Suit, 11th Circ. Says

    Bill pay kiosk company Vibe Micro Inc. does not deserve another shot at fixing the “shotgun pleading” problems that doomed its “rambling” suit against a group of insiders who allegedly conspired to sell off a subsidiary with the help of Snell & Wilmer LLP, the Eleventh Circuit ruled Wednesday.

  • January 4, 2018

    Pa. Gov. Announces Coverage Deal Between Highmark, UPMC

    Pennsylvania Gov. Tom Wolf announced Thursday he had brokered a deal between the University of Pittsburgh Medical Center and Highmark Inc. that would give Highmark members continued access to UPMC facilities after the 2019 expiration of consent decrees signed by the health care rivals in 2014.

  • January 4, 2018

    Roche Maintains Suppliers Broke Test-Strips Contract First

    Two medical suppliers can’t accuse Roche Diagnostics Corp. of violating a contract after they all but admitted to breaching the contract first, the drugmaker told an Indiana federal court Wednesday in hopes of shooting down counterclaims in an $89 million suit over the allegedly improper sale of diabetes test strips.

  • January 4, 2018

    Pa. Marijuana Investors Cut Out License Preparer, Suit Says

    A California man filed a federal lawsuit Wednesday accusing the investors behind a Pennsylvania medical marijuana grower of failing to meet promises of a cash bonus and an equity stake in the business after he was enlisted to work on its license application.

  • January 3, 2018

    Dispute Over Calif.-Fla. Legal Partnership Lands In Court

    A California attorney has sued his two former South Florida partners in Florida federal court for allegedly failing to pay him his fair share of profits, but they say they ended the cross-country partnership properly after he failed to perform.

Expert Analysis

  • Roundup

    Judging A Book

    Gorsuch: The Judge Who Speaks For Himself

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • 10 Suggestions For Drafting Better Real Estate Documents

    William Hof

    While there can be no definitive list of do’s and don’ts, the 10 simple suggestions discussed in this article address many of the most commonly occurring style and formatting issues found in commercial real estate documents, says William Hof of Husch Blackwell LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.