Commercial Contracts

  • June 13, 2017

    Calif. IT Co. Says Pakistani Partner Can’t Avoid Arbitration

    A California-based information technology company asked a federal court Monday to compel a Pakistani company to arbitrate a trade secrets dispute stemming from the parties’ customer service contract, arguing the company is trying to dodge the contract’s terms by launching a related $64 million suit in its home country.

  • June 13, 2017

    Witness In $25M Med Device Trial Gets 15 Months For Lying

    A witness who later admitted he’d lied under oath as part of a $25 million trade secrets trial against a medical device manufacturer in the Eastern District of Texas was sentenced Tuesday to 15 months in federal prison for perjury.

  • June 13, 2017

    Plaintiffs' Attys Escape Geico's Trade Secrets Suit

    Two plaintiffs' attorneys on Tuesday escaped a Pennsylvania federal court trade secrets suit in which insurer Geico alleged they obtained confidential information during a putative class action and tried to use it to get an advantage in a similar suit against Geico rival United Services Automobile Association.

  • June 13, 2017

    Moldova Says It's Not On The Hook For $27.5M Judgment

    Moldova urged the Second Circuit on Monday to overturn a nearly $27.5 million default judgment against it following an arbitration over natural gas supply contracts, arguing that the court lacks jurisdiction over the country because it is a foreign sovereign.

  • June 13, 2017

    Ex-Herrick Feinstein Atty Pleads Guilty To Tax Evasion

    A former Herrick Feinstein LLP tax partner and a Florida accountant have pled guilty to tax crimes in a case accusing both men of diverting more than $3 million in fees meant for Herrick Feinstein, lining their own pockets with it and hiding the income from the IRS, acting U.S. Attorney Joon H. Kim announced Monday.

  • June 13, 2017

    Venezuela Wants Stay Of $1.4B Crystallex Judgment

    Shortly after a D.C. federal judge granted a bid from mining company Crystallex to register in Delaware a $1.4 billion arbitral award against Venezuela, the country on Monday asked the judge to pause enforcement of the award while an appeal plays out.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    HannStar Wants High Court's Take On $4M Sony Antitrust Deal

    HannStar has asked the U.S. Supreme Court to review a Ninth Circuit decision in a suit by Sony to enforce a $4.1 million settlement over alleged price fixing of liquid crystal displays, saying the appeals court got wrong a question of privilege that every law student should know.

  • June 12, 2017

    Fla. Court Reverses $36M Judgment For Investment Co.

    A Florida appeals court on Friday reversed a $36 million judgment in favor of international investment company Geveran Investments, ruling that fact questions surrounding alleged misrepresentations and omissions prior to Geveran's investment in an LED lighting company remain.

  • June 12, 2017

    Employers Launch Defense Of Class Waivers At High Court

    Murphy Oil, Epic Systems Corp. and Ernst & Young fired opening salvos Friday in their U.S. Supreme Court defense of class action waivers in the workplace, arguing that the National Labor Relations Act’s concerted activity protections do not defeat the Federal Arbitration Act’s presumption that such agreements are valid.

  • June 12, 2017

    NYC Helicopter Tour Co. Owners In $3.5M Row

    The co-owner of a Manhattan helicopter tour company hit her partner with a lawsuit filed in New York state court on Friday on behalf of shareholders, accusing him of misappropriating millions of dollars of company funds, including making unauthorized investments in new companies, home remodeling expenses and purchasing designer shoes.

  • June 12, 2017

    Gordon Ramsay Asks Chancery To Dissolve Restaurant Biz

    Attorneys for celebrity chef Gordon Ramsay urged a Delaware vice chancellor on Monday for a summary judgment order to dissolve an already-idled Las Vegas restaurant joint venture that has become part of a running, multi-suit feud between Ramsay and former partner and restaurateur Rowen Seibel.

  • June 12, 2017

    NY Court Nix Of ICC Award Spotlights 'Manifest Disregard'

    A New York Supreme Court decision that partially vacates a $100 million award issued by a reputable International Chamber of Commerce tribunal — citing the tribunal’s “manifest disregard” of the law — has raised concerns over the unusual use of this controversial doctrine, but experts caution against reading too much into the implications of this first instance decision.

  • June 12, 2017

    Insurer Must Defend Contractor In Hangar Floor Damage Suit

    A Colorado federal judge Monday told Auto-Owners Insurance Co. it has a duty to defend a Colorado contractor against claims of defective work on an airport hangar floor because there are valid questions of policy interpretation and facts in the case.

  • June 12, 2017

    VMware Beats Phoenix’s $110M Software IP Suit At Trial

    A California federal jury on Monday cleared VMware Inc. of all claims it infringed Phoenix Technologies Ltd.’s software copyright and breached their licensing agreement, taking just four hours to end Phoenix’s $110 million suit following a nearly two-week trial.

  • June 12, 2017

    Trump Resort Shot Down Over Rate Hike Row With Spa Owner

    A Florida judge dealt the Donald Trump-owned National Doral Miami resort a loss Friday in its dispute with a spa owner that claimed the resort violated a contract by demanding large room rate increases as part of negotiations to extend a group room agreement.

  • June 12, 2017

    Sharp Sues Chinese Electronics Maker Over Quality Issues

    A Chinese state-owned electronics manufacturer on Friday removed to New York federal court Sharp Corp.'s lawsuit over the manufacturer’s alleged fraudulent misrepresentation of the quality of certain Sharp-branded televisions, a dispute that is currently also the basis of pending arbitration in Singapore.

  • June 12, 2017

    DC Circ. Power Contract Ruling Can't Stand, Wind Farm Says

    The D.C. Circuit should reconsider its “patently erroneous” rejection of a small Oregon wind farm's argument that Portland General Electric Co. was flouting the Federal Energy Regulatory Commission's anti-discrimination regulations in executing a power purchase agreement, the wind farm said on Friday.

  • June 12, 2017

    Atty Pushes Standing In Duane Morris Malpractice Appeal

    A Philadelphia-based attorney has said he will ask a state appeals court to weigh whether his role as part owner of a company formerly represented by Duane Morris LLP allowed him to pursue claims that the firm botched an appeal over the collapse of a $175 million acquisition opportunity.

  • June 12, 2017

    5th Circ. Denies En Banc Rehearing In Delta Gate Fight

    The U.S. Court of Appeals for the Fifth Circuit on Friday denied a February request from Southwest Airlines Co. to reconsider en banc a ruling allowing Delta Air Lines Inc. to fly from gates at Dallas Love Field airport.

Expert Analysis

  • In Contract Law, There Is A 'Try' And It Can Have Teeth

    Glenn West

    Despite the common use of contract terms like “efforts” or “endeavors” to commit a party to “try” to accomplish an objective, there has been a fair amount of controversy over the years as to exactly what such an obligation entails. But recent cases confirm that these efforts obligations, however seemingly amorphous, are very much enforceable, says Glenn West of Weil Gotshal & Manges LLP.

  • Uber On The Brink

    Thomas Dickerson

    As the Second and Ninth Circuits will soon decide on the enforceability of Uber’s mandatory arbitration clauses and class action and class arbitration waivers in its driver contracts, and as its "Greyball" software is now the subject of a U.S. Department of Justice inquiry, the company's very existence may be at stake, says Thomas Dickerson of Herzfeld & Rubin PC.

  • Takeaways From Cumulus Media Refinancing Ruling

    Mark Chass

    Investors should anticipate that creditors may rely on two aspects of the recent decision in Cumulus Media v. JPMorgan Chase to challenge exchange offers, particularly those in which issuers seek to refinance unsecured debt with secured debt, says Mark Chass of Kramer Levin Naftalis & Frankel LLP.

  • A Global Push Toward Nonadjudicative Dispute Resolution

    Amal Bouchenaki

    As we near the end of the Global Pound Conference series, stakeholders' call for greater collaboration in the dispute resolution process appears to be emerging as a consistent trend, says Amal Bouchenaki of Herbert Smith Freehills LLP.

  • A Refresher On Exceptions To The 'American Rule' In Texas

    David Salton

    Although there are several well-known exceptions to the American Rule, Texas entities — and foreign entities doing business in Texas or performing a contract governed by Texas law — should be aware of another exception flying under the radar that may be available to parties incurring attorneys' fees when enforcing agreements to arbitrate, says David Salton of Porter Hedges LLP.

  • Whither Arbitration Of Public Injunctive Relief?

    Cary Sullivan

    In McGill v. Citibank, the California Supreme Court stopped short of determining whether public injunctive relief is arbitrable. The decision should help refocus attention on the unresolved issues from Ferguson v. Corinthian Colleges, say Cary Sullivan and Chris Waidelich of Jones Day.

  • Recent Trends In Enforcement Of Intercreditor Agreements

    Seth_jacobson.JPG

    Three recent cases show that bankruptcy courts are increasingly willing to interpret intercreditor agreements and agreements among lenders and apply their plain language to the facts of the case, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • 5 Things Employers Must Do When A Key Employee Leaves

    Lariza Hebert

    When a top salesman or other key employee leaves, employers sometimes become frazzled and neglect to take steps to preserve and protect confidential information. However, by instituting five simple steps, employers and their counsel can ensure they preserve and protect confidential information when the top dog decides to depart, says Lariza Herbert of Fisher Phillips.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.