Commercial Contracts

  • April 16, 2018

    High Court Is Asked To Review Arbitration Standards

    Simply Wireless has asked the U.S. Supreme Court to review a Fourth Circuit ruling that the company's trademark infringement claims against T-Mobile must go to arbitration, urging the high court to clarify which disputes are covered by arbitration agreements.

  • April 16, 2018

    Tennis Club Serves Up Suit After Would-Be Buyer Quits Deal

    A California real estate investor who allegedly backed out of a $2.3 million deal to buy a Florida tennis club should be compelled to complete the purchase and blocked from buying a similar venue instead, according to a lawsuit the club filed Friday in Florida federal court.

  • April 16, 2018

    Miami Says Marlins Waived Right To Arbitrate Sale Dispute

    Miami-Dade County and the City of Miami urged a Florida federal judge on Friday not to send the governments’ dispute with the Marlins over a piece of the baseball team’s $1.2 billion sale to international arbitration, arguing the team has waived its right to arbitrate.

  • April 13, 2018

    Law360 Reveals 400 Largest US Firms

    The annual Law360 400 ranks the largest U.S.-based law firms and vereins with a U.S. component by domestic attorney headcount.

  • April 13, 2018

    How 5 Firms Grew Without Merging

    These firms saw double-digit growth in 2017 — one hire at a time. Here, their leaders tell Law360 of their varied approaches to attracting top talent.

  • April 13, 2018

    Megafirms Find New Heights In Grounded Market

    The biggest of BigLaw are widening the gap between themselves and their rivals, as firms of all sizes grapple with fluctuating demand and seek out their place in the legal landscape.

  • April 13, 2018

    Samsung Wins US Block Of Huawei’s China Patent Injunction

    A California federal judge Friday blocked Chinese smartphone maker Huawei from enforcing an injunction it won in China ordering Samsung to stop making or selling devices that infringe two patents, finding that the injunction could render simultaneous U.S. proceedings meaningless.

  • April 13, 2018

    'Fifth' Pleas To Be Heard In $270M Citadel Fraud Trial

    A Delaware vice chancellor told attorneys Friday to assume that he will allow references to past Fifth Amendment pleas in depositions for an upcoming trial on A. Schulman Inc. claims for more than $270 million in fraud damages after its acquisition of Citadel Plastics Holdings LLC in 2015.

  • April 13, 2018

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

    The last week has seen Libya's sovereign wealth fund launch a fraud suit against JPMorgan, shippers sue a specialty underwriter, and the arrival of a UBS case against an Indian beverage magnate fighting extradition to face charges related to the collapse of his airline. Here, Law360 looks at those and other new claims in the U.K.

  • April 13, 2018

    No One-Size-Fits-All Ruling In Texas Retained Acreage Cases

    In a pair of opinions Friday, the Texas Supreme Court found sufficient differences in “retained acreage” clauses in two West Texas mineral leases to uphold lower court victories by Chesapeake Exploration LP and Discovery Operating Inc., despite arguments that the rulings clashed.

  • April 13, 2018

    Utah Urges Justices To Take Up Tribal Court Exhaustion Case

    The state of Utah on Friday urged the U.S. Supreme Court to hear a petition claiming Ute Indian Tribe officials tried to extort money from a business owner near the Ute reservation, saying a Utah Supreme Court ruling that the companies must bring their claims in tribal court threatens to rob state courts of the capacity to hear state lawsuits.

  • April 13, 2018

    MLB Player Says Fund Made 'Unconscionable' Loan Deal

    Cleveland Indians catcher Francisco Mejia, in a Delaware federal court suit claiming an ex-Major Leaguer’s investment fund induced him to sign away more than 10 percent of his lifetime earnings in exchange for a $360,000 loan, was hit with a counterclaim Thursday claiming his suit breached a confidentiality clause in the agreement.

  • April 13, 2018

    Machine Tools Co. Says Distribution Deal Was Wrongly Axed

    A U.S. machine tools distributor urged a Wisconsin federal court Thursday to find that a Korean manufacturer improperly tried to terminate their multimillion-dollar distribution deal, and to nix a clause stipulating that their disputes would be arbitrated in a nonexistent South Korean forum.

  • April 13, 2018

    Tax Increment Financing Faces New Scrutiny In Missouri

    At a time of increased public interest in how state and local governments use tax dollars to attract development, Missouri lawmakers may bring greater public scrutiny and transparency to a popular funding process known as tax increment financing, or TIF.

  • April 13, 2018

    Zohar Ch. 11 Dismissal Hearing Procedures Set By Court

    Bankrupt distressed company investment vehicles the Zohar Funds are prepared to defend their Chapter 11 filings at hearings beginning Tuesday after a Delaware judge decided Friday on how those hearings should proceed.

  • April 13, 2018

    Underwriters Push Arbitration In $500M Oil Rig Payout Row

    Syndicates of Lloyd’s of London who paid out $500 million to Chevron for a Gulf of Mexico oil rig that broke asked the Fifth Circuit on Thursday to kick its reimbursement dispute with rig engineers to arbitration, saying a Texas federal judge should have never weighed in on the merits of the claims because a valid arbitration clause existed. 

  • April 13, 2018

    Horizon Didn't Justify Sealing Tiered Plan Docs, Judge Says

    A New Jersey judge has ruled that Horizon Healthcare Services Inc. must give a news outlet the key report linked to its controversial tiered coverage plan that sparked litigation by hospitals, saying the insurer hasn’t provided enough specifics to justify the report’s continued sealing.

  • April 13, 2018

    CSS, Rosenthal Will Lead Gas Partnership Conversion Suit

    Rosenthal Monhait & Goddess PA and CSS Legal Group PLLC were chosen Friday to lead a Delaware Chancery Court consolidated class action alleging a natural gas well investment partnership’s plan to convert into a corporation will deny preferred unitholders payments they are owed and depress the value of their holdings.

  • April 13, 2018

    A Conversation With Baker Botts CMO Gillian Ward

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.

  • April 13, 2018

    Gym's Membership Rules Violate Ill. Law, Customers Claim

    A proposed class of Illinois customers of fitness chain OrangeTheory hit the company and a Chicago franchisee with a lawsuit in state court on Thursday that claims the gym's contracts were misleading about charges following cancellation and violated Illinois consumer protection laws.

Expert Analysis

  • Lessons From Recent Developers' Win In Fla. Condo Case

    Glen Waldman

    Prive Developers prevailed in its claim against William Island Property Owners' Association by successfully showing that the stigma of litigation caused damages due to increased financing costs, additional construction costs, and additional sales and marketing costs, say attorneys with Waldman Barnett PL and Barry Mukamal of KapilaMukamal LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 6th Circ. Sheds Light On Mandatory Arbitration

    Daniel Winston

    In Smith v. Altisource, the Sixth Circuit recently held that a party seeking to enforce arbitration cannot prevail merely because the arbitration itself is ambiguous and broadly drafted. Instead, a court must determine whether the arbitration clause can "fairly be read to cover" the dispute in question, say Daniel Winston and John Calhoun of Choate Hall & Stewart LLP.

  • Investing In Ground-Leased Or Net-Leased Real Estate

    Tzvi Rokeach

    When crafting a ground lease or any other form of triple net lease, special attention should be paid to the tensions that arise as a result of both tenant and landlord seeking to finance their respective positions, says Tzvi Rokeach of Kramer Levin Naftalis & Frankel LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.