Commercial Contracts

  • August 14, 2017

    Agriculture Co. Fights Order Axing Challenge To $1.4M Award

    An agricultural processing company has appealed a Singapore court’s rejection of its challenge to a $1.4 million arbitral award issued to a trading company in a dispute over a corn sales contract, a decision a judge had made when he found the arbitral tribunal had not exceeded its jurisdiction.

  • August 14, 2017

    TerraVia Wants IP Award Row Sent To Del. Bankruptcy Court

    Bankrupt algae-based food producer TerraVia Holdings Inc. asked a district court judge in Delaware to transfer two lingering intellectual property suits to bankruptcy court late Friday, saying closure is critical to the company’s planned Chapter 11 auction.

  • August 14, 2017

    Baseball League Must Let Team Owner Depose Commissioner

    An Indiana federal magistrate judge on Monday decided an independent baseball league must allow a team owner suing over an unsuccessful expansion venture to depose the league’s commissioner, saying the league should not have denied him the opportunity.

  • August 14, 2017

    Obermayer Adds Energy Title Partner In Pittsburgh

    Obermayer Rebmann Maxwell & Hippel LLP announced Monday that it had landed a former Jackson Kelly PLLC member who specializes in title work to its Pittsburgh office in order to boost its capabilities in energy-related transactions.

  • August 14, 2017

    Morton Salt Served With Infringement Suit By Ex-Partner

    Salt giant Morton and its German parent company, K+S Salt LLC, were hit with a 15-count suit in Illinois federal court on Friday that claimed Morton violated trade secret, trademark and contract law after ending a decadeslong business relationship with a smaller salt company.

  • August 14, 2017

    Lloyd's Says Phelps Dunbar Suit Belongs In US Court

    A group of Lloyd's of London underwriters suing Phelps Dunbar LLP for malpractice over an allegedly bungled $45 million underlying lawsuit told a California court Friday it never agreed to arbitrate disputes with the firm, arguing the case shouldn't be sent to arbitration in the U.K.

  • August 14, 2017

    Fight Over Diamond Funds Belongs In State Court, Judge Told

    The shareholder of a UAE-based company that trades in Angolan diamonds asked a Florida federal court Friday to send back to state court his dispute with family members, who are also shareholders, arguing that an international arbitration enforcement treaty that provides federal courts with jurisdiction doesn’t apply to this case.

  • August 14, 2017

    EFH, NextEra Units Work Toward Settling Wind Credit Row

    An Energy Future Holdings Corp. unit and a NextEra Energy Inc. subsidiary have a tentative deal in the works to settle a multimillion-dollar dispute over wind farm credits, the companies told a Texas appeals court on Friday.

  • August 14, 2017

    DC Circ. Mostly OKs FCC Order Against 'Sham' Telecom Cos.

    The D.C. Circuit has affirmed the Federal Communications Commission’s order that a trio of allegedly sham telecom companies repay AT&T the $252,000 it paid for services they never actually provided, but also ruled that the agency went too far by addressing the merits of an underlying federal lawsuit.

  • August 14, 2017

    Shell Wants Quick $74M Win In Unpaid Drilling Work Suit

    Shell Offshore Inc. on Friday asked a Louisiana federal court to award it $74 million in damages from Eni Petroleum US LLC over the alleged underpayment of costs associated with the dismantling of four wells in the Gulf of Mexico, arguing that Eni had breached its contract.

  • August 14, 2017

    Royal Caribbean Didn't Pay For Chartered Flights, Suit Says

    Royal Caribbean allegedly failed to pay an airplane charter company for the cost of flying stranded cruise ship passengers between Barcelona, Spain, and Nice, France, breaching a contract between the parties, according to a suit filed Friday in New York federal court.

  • August 14, 2017

    Contractor Seeks Execs' Testimony To Enforce $31M Award

    A security contractor asked a Virginia federal judge Friday to let it issue subpoenas to two executives tied to a United Arab Emirates-based food supplier for the U.S. Department of Defense, arguing their depositions could show the court has jurisdiction to enforce a $31 million arbitral award.

  • August 14, 2017

    Fla. Appeals Court Tosses Broadcast Tower Contract Fight

    A lower court should have dismissed a Florida investment firm’s suit accusing a private equity firm of breaching an agreement in a deal to buy broadcast tower assets, a Florida appeals court ruled Friday, finding that the firm has not established personal jurisdiction in the Sunshine State.

  • August 14, 2017

    Five Point Venture Gets $339M In Financing For Office Campus

    A venture led by real estate developer Five Point Holdings Inc. has secured $339 million in financing for its $443 million purchase of a California office campus, according to a statement Friday from Holliday Fenoglio Fowler LP, which arranged the loan.

  • August 14, 2017

    Adidas Extends Univ. Of Nebraska Partnership In $128M Deal

    Adidas agreed to a new contract to continue as the apparel and footwear supplier for the University of Nebraska’s athletic programs after the school’s board of regents on Friday approved a new 11-year partnership with the company worth more than $128 million.

  • August 11, 2017

    Auto Salvage Co. Gets OK To Start Paying $26.7M Settlement

    A Pennsylvania federal judge on Thursday ordered an auto salvage company to pay $16.5 million of a $26.7 million settlement it reached with a metals trader over precious metals lease agreements, leaving an amount that matches what one of the salvage company shareholders owes a South African metals refiner in a separate dispute over an arbitral award.

  • August 11, 2017

    Delayed Tax Reform May Be Slowing Economic Growth

    The slow pace of action on tax reform promised by the White House and the Republican-controlled Congress is creating a volatile and uncertain atmosphere for businesses, which are becoming increasingly cautious about making long-term investments.

  • August 11, 2017

    Boies Schiller, Danish Coffee-Maker Client End Fee Dispute

    Boies Schiller Flexner LLP and a Scandinavian coffee-maker company have agreed to end a pair of opposing lawsuits over sending a $427,000 fee dispute to arbitration, according to dismissal papers filed in New York state court on Friday.

  • August 11, 2017

    Staples To Pay $4M To Settle PC Service Class Action

    Staples Inc. has agreed to pay $3.95 million to end a putative class action in which a shopper alleges the office supplier failed to fulfill service plans it sells with computers, according to a proposed settlement filed Friday in New York federal court.

  • August 11, 2017

    7th Circ. Says Casino Execs To Blame For Lost License

    An Illinois federal court did not err when it handed down a $272 million judgment against six Chicagoland casino executives who allegedly caused their company to lose its gambling license and fall into bankruptcy, the Seventh Circuit said Friday.

Expert Analysis

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Equity And Incentive Compensation Plans For Startups

    Excerpt from Lexis Practice Advisor
    Jotham Stein

    To effectively advise startups, and the investors that frequently finance them, it is imperative to understand startup equity and incentive compensation structures. Jotham Stein of the Law Offices of Jotham S. Stein PC discusses common compensation practices of investor-backed, Kickstarter-funded and bootstrapped startup enterprises.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Growing Demand For Mediation Of Data Breach Disputes

    Kenneth Rashbaum

    Most disputes that arise from breaches of information have their roots in agreements between the parties as to how that information would be maintained. More and more contract drafters are including some form of alternative dispute resolution in those agreements, says Kenneth Rashbaum of Barton LLP.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Using The Inevitable Disclosure Doctrine In DTSA Cases

    Robert Duda Jr.

    In its recent decision in Molon Motor & Coil v. Nidec Motor, an Illinois federal court opened the door for applying the inevitable disclosure doctrine to claims under the Defend Trade Secrets Act — at least in the context of a motion to dismiss at the outset of a case, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.