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Commercial Contracts

  • October 11, 2018

    Airline Contractor Sues Supplier Over Banned Hand Sanitizer

    Airline amenities provider Linstol USA LLC sued a hand sanitizer maker Thursday in Florida federal court for allegedly failing to tell Linstol of a U.S. Food and Drug Administration ban on the product, which Linstol says cost the company its contract with United Airlines.

  • October 11, 2018

    Texas Justices Told NDA Suit Beats Anti-SLAPP Dismissal Bid

    A paramedic training company trying to revive claims that a former employee smeared its reputation in violation of a nondisclosure agreement told the Texas Supreme Court in oral argument on Thursday that it has shown enough evidence of damages for its case to move forward.

  • October 11, 2018

    BHP Says Bankrupt Driller Must Repay $9M In Royalties

    Units of global mining and petroleum giant BHP on Wednesday launched a complaint in Texas bankruptcy court against EXCO Resources Inc., saying the bankrupt driller won't turn over at least $9.3 million in oil and gas production royalties and other payments owed to BHP from drilling properties that EXCO operated.

  • October 11, 2018

    Grassley Seeks FTC Probe Of Hospital, Insurer Contracts

    The Federal Trade Commission should immediately look into allegations that hospitals are driving up health care costs by nailing down anti-competitive, high-price contracts with insurers, Senate Judiciary Chairman Chuck Grassley, R-Iowa, told the agency Wednesday.

  • October 11, 2018

    HTC Told To Reveal Google Transaction Records To Ericsson

    HTC must hand over records of a Google transaction in its lawsuit accusing Ericsson of overcharging for aging standard-essential patents, after a judge said the information may aid Ericsson's counterclaims accusing the Taiwanese smartphone maker of offering unfair licensing rates.

  • October 11, 2018

    Roller Coaster Model Co. Wants To Arbitrate Lego Dispute

    A company that designs models of roller coasters told an Illinois federal judge Wednesday that if its agreement with a Lego product design firm is enough to support the firm’s breach of contract suit, then the agreement’s arbitration clause must be enforced.

  • October 11, 2018

    Smart Contacts, Cyberattacks Are New Norm, Experts Say

    DocuSign’s chief legal officer and Visa Inc.'s vice president of global risk told attorneys at DLA Piper’s technology conference in Silicon Valley on Wednesday that so-called smart contracts capable of electronically processing contractual steps will soon be commonplace, while security experts warned that cyberattacks are a new norm.

  • October 11, 2018

    AIG Unit Owes $24M For TVA Plant Work, Subcontractor Says

    A boiler and mechanical subcontractor involved in a project sanctioned by the Tennessee Valley Authority launched a lawsuit in Tennessee federal court Wednesday, claiming a general contractor’s failure to pay under the contract puts an AIG unit on the hook for $24 million.

  • October 10, 2018

    Navillus Navigates Through Ch. 11, Sees Plan Confirmed

    Navillus Tile Inc., a significant player in major New York City construction projects, received bankruptcy court approval Wednesday to fulfill a plan of reorganization that will allow the contractor to emerge from Chapter 11 intact and placate its once-adversarial union workforce.

  • October 10, 2018

    No Commission On $75M Fla. Land Deal, Appeals Court Says

    A Florida appeals court on Wednesday reversed a $1.5 million jury award for a man who said Florida Power and Light owed him commissions on land it bought after he schmoozed with an FPL exec at a tailgate party, saying there was no evidence the executive was an “agent” who could commit the company to such payouts.

  • October 10, 2018

    Alcatel Again Escapes NJ Suit Over $1.2B Pension Transfer

    A New Jersey federal judge on Wednesday tossed a lawsuit against Alcatel-Lucent from two unions and four onetime company employees over its combined transfer of roughly $1.2 billion and thousands of members between pension plans, finding that the plaintiffs lacked standing and did not state viable claims under the Employee Retirement Income Security Act.

  • October 10, 2018

    2nd. Circ. Throws Out Order Blocking Lynyrd Skynyrd Movie

    The Second Circuit on Wednesday overturned a court order halting production of a film about the 1977 plane crash that killed members of Lynyrd Skynyrd, but refused calls from critics to declare the earlier ruling "a classic First Amendment violation."

  • October 10, 2018

    5th Circ. Won't Revive Golf Ball-Tracking Technology Suit

    A high-tech golf range startup can't pursue claims that a rival squeezed it out of the market by nabbing key golf ball-tracking technology because its antitrust suit only speculated about future injury, the Fifth Circuit ruled on Tuesday.

  • October 10, 2018

    Japan Ends Airbnb Antitrust Probe After Listing Rule Waived

    Japan’s antitrust watchdog announced Wednesday that it was closing a monopoly investigation into Airbnb after the home-sharing giant waived its right to enforce contract restrictions barring third-party lodging management providers from using its competitors to list accommodations.

  • October 10, 2018

    Eli Lilly Sues French Ex-Partner Over Patent Inventorship

    Eli Lilly & Co. has accused French biotech firm Adocia SA, with which it had a short-lived research partnership to develop insulin drugs, of falsely claiming that it should be listed as an inventor on a set of Lilly’s other, unrelated insulin patents.

  • October 9, 2018

    Westgate Suit Against 'Timeshare Exit' Firm Moves Forward

    A Florida federal judge trimmed several counts Tuesday from a lawsuit in which timeshare operator Westgate Resorts Ltd. accuses law firm U.S. Consumer Attorneys PA of misleading its customers into attempts to break their contracts for its own gain, but allowed most core claims to proceed.

  • October 9, 2018

    Nicki Minaj Didn’t Return Rental Clothes, NY Stylist Claims

    A professional stylist accused rap star Nicki Minaj in New York state court on Friday of failing to pay for $73,000 worth of clothes and styling services, saying he was now facing “serious financial hardship” because she stiffed him.

  • October 9, 2018

    Class Action Says DirecTV Partner Regularly Docks Wages

    DirecTV’s largest installation partner, MasTec Inc., was hit with a class action on Tuesday claiming the Florida-based service provider docks employee wages when customers complain about technical glitches to DirecTV.

  • October 9, 2018

    Stormy Daniels Shouldn't Get Declaratory Relief, Court Told

    President Donald Trump on Monday asked a California federal court to dismiss the bulk of adult film star Stormy Daniels' suit over the infamous $130,000 hush money payment arranged by longtime Trump attorney Michael Cohen, saying Daniels' claims are moot now that he's agreed not to enforce the deal.

  • October 9, 2018

    Conoco Says Eagle Ford Partner Must Bear Transport Costs

    A ConocoPhillips Co. unit told the Texas Supreme Court in oral arguments Tuesday it is entitled to reduce royalties it pays to Eagle Ford Shale business partners to account for costs it incurs treating and transporting oil and gas.

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Why Contract Analytics Are Essential To Minimizing Risk

    Drimalla_Ryan.jpg

    In most enterprises, certain critical data remains in silos and cannot be leveraged in a standardized way across all units and issues. By applying analytics to contracts from the small silos and looking at them as a key source of information, executives and counsel can get a clear picture of the overall business, says Ryan Drimalla of FTI Consulting.

  • 2 Courts Accept Contract Terms That Limit TCPA Exposure

    Meredith Slawe

    No other appellate court has followed the Second Circuit's Telephone Consumer Protection Act decision in Reyes. However, two district courts within the Eleventh Circuit recently did — holding that consent to be contacted cannot be unilaterally revoked where such consent was obtained in a bargained-for contract, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • How A Court's 'Pencil Color' Impacts Restrictive Covenants

    Christopher Hennessy

    Within the context of restrictive covenants in employment agreements, there are so-called red pencil and blue pencil states, with the color a reference to the doctrine courts apply in that state when enforcing such agreements. The difference is significant enough to make or break a restrictive covenant case, say Christopher Hennessy and Jeremy Glenn of Cozen O'Connor.

  • Resolving M&A Price Disputes: Experts Or Arbitrators?

    Daniel Boland

    A threshold question in post-closing purchase price adjustment disputes is whether the merger agreement’s dispute resolution process is an expert determination or an arbitration. The answer can have a meaningful impact, as seen in the Delaware Chancery Court's decision in Penton Business Media Holdings v. Informa, says Daniel Boland of Pepper Hamilton LLP.