Commercial Contracts

  • October 11, 2017

    9th Circ. Hears Round 3 In Northstar Suit Over Schwab Fund

    Northstar Financial Advisors Inc. went before the Ninth Circuit on Wednesday for its third appeal in a putative class action claiming Charles Schwab Corp. broke its own rules for making risky bond-fund bets, arguing that a lower court erred in finding the class claims were barred by the federal Securities Litigation Uniform Standards Act.

  • October 11, 2017

    Calif. Court OKs $5.7M Award In Ukrainian Biz Row

    A California federal judge on Wednesday confirmed a $5.7 million award issued to Ukrainian industrialist Konstantin Grigorishin and his company Dastime Group Ltd. involving a dispute with a former Ukrainian businessman over a 2006 joint venture buyout, finding the parties’ contract contained a valid arbitration clause.

  • October 11, 2017

    Casino Can't Prove Baccarat Cards Had Defects, Maker Says

    Playing-card vendor Gemaco Inc. insisted Tuesday that the Borgata Hotel Casino & Spa can't show that its cards were defective, so a New Jersey federal judge doesn’t need to take the case to trial to determine if the casino can recover the $10.13 million in winnings it paid out to a Poker Hall of Famer.

  • October 11, 2017

    Maryland Atty Says Napoli 'Stonewalling' On Fee Split Deal

    New York plaintiffs lawyer Paul Napoli has been “stonewalling” a Baltimore attorney's attempts to collect her cut of the proceeds from thousands of asbestos cases, according to a lawsuit filed in Maryland federal court.

  • October 11, 2017

    Fla. Jewelers Say Distributor Undercut Their Businesses

    A group of South Florida jewelers responded Tuesday to a suit by watch distributor Ulysse Nardin Inc. with $18 million in counterclaims, alleging the distributor undercut their businesses by allowing the same products to be sold elsewhere at lower prices.

  • October 11, 2017

    Accuser Wants Hastert Forced To Give Info About Hush Money

    A man who claims former U.S. Speaker Dennis Hastert still owes him under a $3.5 million deal to keep quiet about sexual abuse asked an Illinois county judge to force Hastert to turn over information related to their alleged deal Tuesday.

  • October 11, 2017

    Barclays Seeks Toss Of Feds' Fraud Suit Over $31B RMBS

    Barclays PLC and federal prosecutors traded blows in papers filed in New York federal court on Tuesday over the government’s use of a law passed in the aftermath of the 1980s savings and loan crisis to seek civil penalties from the British bank for allegedly deceiving investors about the quality of $31 billion worth of residential mortgage-backed securities.

  • October 11, 2017

    Ex-Herrick Feinstein Atty Gets 2 Years For Tax Evasion

    U.S. District Judge Jed S. Rakoff on Wednesday sentenced a former Herrick Feinstein LLP tax partner to two years in prison for tax evasion and attempting to impede an IRS investigation, saying there was "no substitute" for prison time in the case.

  • October 11, 2017

    Judge Puts New York Case Over Elliott Suspension On Hold

    The question of whether Dallas Cowboys running back Ezekiel Elliott will be forced to serve a domestic violence suspension this season continues as a New York federal judge on Wednesday put the NFL’s suit to force the suspension on hold pending the outcome of a forthcoming Fifth Circuit ruling on the issue.

  • October 11, 2017

    GM Trust Appeals Judge's $1.5B Loan Row Asset Valuations

    A General Motors creditors’ trust on Tuesday asked to appeal a bankruptcy judge’s ruling in a bellwether case on the nature and value of security interests in GM plant assets related to a $1.5 billion term loan, saying that the findings overlook the federal government’s role as savior to the manufacturer in 2009.

  • October 11, 2017

    NuVasive Says Exec Breached Contract In Move To Alphatec

    NuVasive Inc. on Tuesday sued a former executive who left the spinal surgery company earlier this month to work for a competitor, saying in Delaware Chancery Court that he’d diverted business opportunities to the competing company and then defied his noncompete clause to jump ship.

  • October 11, 2017

    'American Idol' Parent Says Sony's Royalty Claims Are Barred

    "American Idol" producer CORE Entertainment moved Tuesday to shut down a suit by Sony Music Entertainment over unpaid royalties for Clay Aiken, Kelly Clarkson and other stars of the show, telling a New York bankruptcy court the claims are barred by CORE’s recent reorganization.

  • October 11, 2017

    Uber Rides Referral Fee Suit Into Arbitration

    Uber Technologies Inc. successfully forced a driver's breach of contract suit into arbitration on Wednesday when a California judge found that a driver, who claims Uber underpaid him millions of dollars in referral fees, had accepted an arbitration agreement.

  • October 11, 2017

    Contract Suit In Wells Fargo Data Row Sent To Arbitration

    A New York state court judge on Wednesday ordered a contract dispute between Wells Fargo Advisors LLC and former Managing Director Gary Sinderbrand into arbitration, keeping in place an injunction preventing Sinderbrand from disseminating further any customer information that the financial firm inadvertently turned over in response to a subpoena.

  • October 11, 2017

    Timex Says $9.4M Row With Distributor Must Be Arbitrated

    Timex and a Dutch affiliate have asked a New York federal court to send to arbitration a distributor's claims seeking roughly $9.4 million for the alleged breach of several agreements, saying the contracts included clauses mandating arbitration in Switzerland.

  • October 11, 2017

    Cancer Center Settles Genetic Testing Licensing Breach Suit

    The research wing of Philadelphia’s Fox Chase Cancer Center has settled a lawsuit that accused two genetic testing companies of violating a license agreement for proprietary technology developed by Fox Chase, according to a Pennsylvania state court filing Tuesday.

  • October 11, 2017

    Rail Shippers Denied Cert. In Fuel Surcharge Antitrust Row

    A group of rail shippers lost their bid for class certification in long-running multidistrict litigation accusing railroad giants of conspiring to fix fuel surcharges after a D.C. federal judge ruled Tuesday that there were still some individualized issues and the plaintiffs’ model for calculating damages was flawed.

  • October 11, 2017

    Tribe Bought Patents With Immunity Promise, Allergan Says

    The Saint Regis Mohawk Tribe agreed to assert immunity during patent challenges and extend that immunity to Allergan Inc. in exchange for Allergan giving it ownership of patents protecting the dry eye treatment Restasis, the drugmaker said Tuesday after a federal judge in Texas told it to prove the deal wasn’t a “sham.”

  • October 11, 2017

    Software Co. Hits Home Invest For Stolen Code, Broken Deal

    Chicago-based real estate investment company Home Invest LLC was sued Tuesday in Illinois federal court by a Florida software developer and consultant that say that, only two months into a contract to revamp Home Invest's information technology functions, the client has flouted major contract terms, missed payments and stolen the developer's code.

  • October 10, 2017

    Texas Justices Weigh Atty Pay After Oral Contingency Deals

    Texas Supreme Court justices on Tuesday questioned whether attorneys can collect a “reasonable value” for their work on behalf of clients if that value is tied to any type of contingency, as they weigh whether to throw out a $7.25 million award for Shamoun & Norman LLP’s work in a dispute over a Hunt Petroleum Corp. heir’s family estate.

Expert Analysis

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • A Pro-Consumer, Pro-Arbitration Approach At The CFPB

    Eric Mogilnicki

    The U.S. Senate’s upcoming vote on the Consumer Financial Protection Bureau’s arbitration rule need not involve a choice between preserving or ending the status quo on arbitration. Instead, a vote to preserve arbitration by defeating the bureau’s arbitration rule could open the door to a solution that strengthens consumers’ ability to resolve disputes with financial institutions, say Eric Mogilnicki and Eitan Levisohn of Covington & Burling LLP.

  • Harvey’s Aftermath For The US Oil And Gas Sector

    Thomas Ciarlone Jr.

    As the U.S. oil and gas industry recovers from Hurricane Harvey, operators must also be aware that force majeure clauses, excusing nonperformance during natural disasters, may not provide as much cover as they think, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • CareFirst And Constitutional Standing: A Post-Spokeo Review

    Cinthia Granados Motley

    When it comes to the issue of Article III standing in data breach cases, the D.C. Circuit’s recent decision in Attias v. CareFirst demonstrates the analysis many appellate courts now seem to be applying, say attorneys with Sedgwick LLP.

  • PRC Court Refuses To Enforce Singapore Arbitration Award

    James Kwan

    The ruling by the Shanghai No.1 Intermediate People's Court in Noble Resources International v. Shanghai Good Credit International Trade is potentially significant for claimants who are considering using expedited procedures under older versions of the Singapore International Arbitration Centre rules, says James Kwan of Hogan Lovells.

  • 2 Del. Decisions Bring Practice Points For MLP Planners

    Thomas Mullen

    Two recent decisions by the Delaware courts — Brinckerhoff v. Enbridge Energy and Morris v. Spectra Energy — underscore the importance for a master limited partnership sponsor to avail itself fully of the latitude provided by the Delaware Revised Uniform Limited Partnership Act to privately order the affairs of the MLP, say attorneys with Potter Anderson & Corroon LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Lessees Left In Limbo

    Kate Thomas

    The Ninth Circuit’s recent decision in Spanish Peaks casts doubt on the scope of protection that lessees may have when their leased real property is sold under Section 363 of the Bankruptcy Code, says Kate Thomas of Squire Patton Boggs LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.