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Commercial Contracts

  • January 8, 2019

    'Duck Dynasty' Creators' Suit Against ITV Studios Trimmed

    A California appeals court took a machete Monday to the "Duck Dynasty" creators' complaint against the British production company that bought up most of their operation for $40 million and then balked at working with them, tossing numerous paragraphs pursuant to an anti-Strategic Lawsuit Against Public Participation motion the appeals court said was wrongly denied.

  • January 8, 2019

    High Court Decision Sets Arbitration, Court Power Balance

    The U.S. Supreme Court's Tuesday decision striking down an exception that had allowed courts to decide whether a claim belongs in arbitration has further defined the allocation of power between arbitral tribunals and courts by eliminating a ground by which parties could seek to avoid arbitration, experts say.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Dallas Jeweler Says Biz Partner Owes $7M For Soured Deal

    A Dallas jeweler told a Texas state court Monday that a Michigan company it had partnered with to sell a fine jewelry collection owes more than $7 million after failing to pay proceeds from purported sales or return the jewelry after bounced checks and missed meetings.

  • January 8, 2019

    Ford Says Dealership Owners Owe $112M For Financing Fraud

    Ford Motor Credit Co. LLC has told a Texas federal judge it's entitled to more than $112 million from two West Texas dealership owners, saying it can show they covered up “what may be one of the largest floor-plan financing frauds in the history of the United States.”

  • January 8, 2019

    Venezuelan Commodities Co. Urges OK Of $650K Award

    Venezuelan commodities merchant Luzar Trading SA has urged a New York federal court to confirm an interim emergency arbitral award that requires U.S. commodities supplier Tradiverse Corp. to pay a $650,000 bond in a delivery dispute, rebutting Tradiverse's argument that it wasn't given a fair hearing.

  • January 8, 2019

    Contracts Decide If Cases Go To Arbitration, Justices Rule

    The U.S. Supreme Court held on Tuesday that courts may not override a contract delegating to arbitrators the question of whether a claim must be arbitrated or litigated, even if the arbitration bid was "wholly groundless," unanimously vacating a Fifth Circuit decision.

  • January 7, 2019

    Royal Caribbean Can't Dismiss Hurricane Harvey Cruise Suit

    A magistrate judge has recommended a Florida federal court deny Royal Caribbean's bid to dismiss a woman's latest complaint in her suit claiming it put passengers at risk by not canceling a cruise as Hurricane Harvey threatened Texas, saying the court has not forbidden her from adding additional plaintiffs.

  • January 7, 2019

    AT&T Settles Its Suit Over Phone Co. Failure To Pay For 911

    AT&T Illinois on Monday settled a federal lawsuit it brought one year ago against client Mediacom Telephony of Illinois LLC, which it had accused of breaching an agreement by failing to pay AT&T for its 911 services.

  • January 7, 2019

    Law Firm Owner's Ties To Car Co. Merit DQ, Calif. Panel Says

    A California appeals court Monday barred a law firm from representing a former executive for a luxury vehicle dealership in a defamation and contractual interference lawsuit against his ex-employer, finding the firm owner’s previous status as an executive for the dealer worthy of disqualification.

  • January 7, 2019

    Judge Sends $20M Maritime Contract Dispute To Arbitration

    A Texas federal judge on Monday sent to arbitration in London a $19.9 million breach of contract suit Psara Energy Ltd. filed against the purported successor corporation of Space Shipping Ltd., rejecting Psara's pleas to keep the case in court.

  • January 7, 2019

    Justices Seek SG's Input On Argentina Cert Bid In YPF Row

    The U.S. Supreme Court on Monday invited the U.S. solicitor general to weigh in on whether the justices should grant certiorari to Argentina and its state-controlled YPF SA in their bid to stop a suit by two bankrupt Spanish companies over losses allegedly suffered when the oil and gas company was nationalized.

  • January 7, 2019

    Nexstar Hurting Viewers In Fee Dispute, TDS Tells FCC

    Nexstar Media Group is holding sought-after TV programming hostage while it tries to force TDS Telecom to pay more than double the retransmission fees TDS pays other carriers, the telecom company has told the Federal Communications Commission.

  • January 7, 2019

    Atty Can’t Leave Fla. Timeshare-Exit Contract Suit

    A Florida federal judge has denied a lawyer's bid to escape a suit claiming he participated in a firm’s conspiracy to encourage timeshare owners to break their contracts with a resort company, ruling that he has a personal stake in the case but doesn’t have the privilege to interfere with contracts.

  • January 7, 2019

    NY Atty Sued For Malpractice Over Racist Viral Rant

    A New York attorney who was the subject of a viral video showing him making racist comments in a city deli in 2018 has been sued for malpractice by a former client, with the complaint alleging the company's reputation had been damaged by being publicly associated with the attorney.

  • January 7, 2019

    Wind Energy Co. Says No Reason To Pause $70M Award Row

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. told a Texas federal judge Friday that another investor is trying to delay enforcement of an over $70 million arbitration award by asking to hold off on further discovery during its appeal of an order confirming the award.

  • January 4, 2019

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

    The last week has seen Natixis sue a Nigerian oil refinery, a Qatar Insurance unit lodge a commercial fraud claim, and Allianz Global Investors take on some of the same major banks the institutional investor has already sued for foreign exchange manipulation in the U.S. Here, Law360 looks at those and other new claims in the U.K.

  • January 4, 2019

    Pa. Court Sends Nursing Home Death Claims To Arbitration

    A Pennsylvania appeals court on Friday sent some of a deceased woman’s estate’s claims against a nursing home to arbitration, finding that the woman’s husband had the authority to sign an arbitration agreement on behalf of his wife when she was admitted to the facility.

  • January 4, 2019

    Education Co. Agrees To $500M Debt Relief Over Fraud Claims

    Career Education Corp. has agreed to not collect nearly $500 million in student loan debts owed by more than 179,000 individuals across the country as part of a multistate settlement to resolve allegations the for-profit education company misled students about enrollment costs and job prospects, among other practices.

  • January 4, 2019

    Marine Fuel Co. Looks To Confirm $1.2M Award To OW Unit

    A Marshall Islands-based fuel supplier urged a New York federal court Thursday to confirm an arbitration award that would allow the company to reduce to $1.2 million the amount it owes in a payment dispute with a unit of now-defunct Danish marine fuel supplier O.W. Bunker.

Expert Analysis

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Tips For Planning A Holiday Pop-Up Shop

    Serena Carlsen

    Pop-up locations are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. These temporary retail stores involve both customary and unique legal issues for retailers to consider when structuring a pop-up campaign, say attorneys at Perkins Coie LLP.

  • Is Your Asymmetric Arbitration Clause Valid?

    Bruce Paulsen

    Attorneys drafting asymmetric arbitration and jurisdiction provisions, particularly for consumer and employment contracts, must ensure that these provisions are valid in the jurisdictions where all parties are located, not only in the jurisdiction chosen by the contract, say Bruce Paulsen and Jeffrey Dine of Seward & Kissel LLP.

  • 5 Business Takeaways From The Midterms

    Mary Moore Hamrick

    Now that the midterms are over, business leaders have a little insight into the future of taxes, trade and other policy issues affecting the economy. Still, companies should remain agile as, come January, a new and divided Congress will begin to chart its course, says Mary Moore Hamrick of Grant Thornton LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Rise Of The CMOs


    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    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 Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.