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Commercial Contracts

  • June 7, 2018

    Schlichtmann Must Face Avandia Settlement Malpractice Row

    Jan Schlichtmann, the attorney whose work repping Massachusetts residents inspired the book “A Civil Action,” must continue to fight claims he botched a $2 million settlement designed to repay GlaxoSmithKline for money improperly disbursed to a plaintiffs attorney in multidistrict litigation over the diabetes drug Avandia, a Pennsylvania federal judge has ruled.

  • June 7, 2018

    General Dynamics Sued Over $332M NJ Superfund Liability

    A General Dynamics Corp. subsidiary has been sued in Delaware Chancery Court by Eaton Corp. affiliate Cooper Industries, which alleges General Dynamics must share in the costs of a $332 million federal Superfund cleanup in New Jersey.

  • June 6, 2018

    Sheppard Tells Calif. High Court Broad Waiver Saves $4M Fee

    Sheppard Mullin Richter & Hampton LLP told the California Supreme Court on Wednesday that a potential conflict of interest should not have disqualified it from earning $3.8 million defending J-M Manufacturing in a qui tam suit, arguing a conflict waiver clearly conveyed the firm might one day represent another of the roughly 200 parties.

  • June 6, 2018

    Licensing Agent Sues Va. Children's Theater Over Musicals

    The theatrical licensing agent for Disney and DreamWorks has sued a Virginia children’s theater school that has performed at Carnegie Hall and the White House Tree Lighting, alleging that it put on licensed works without coughing up the royalties.

  • June 6, 2018

    Del. Justices Mull Reviving Appeal To $9.2B El Paso Merger

    A former El Paso Pipeline Partners LP investor who challenged a series of company mergers dating to 2011 asked the Delaware Supreme Court Wednesday to resurrect a suit accusing parent Kinder Morgan Inc. of pushing through an unfairly priced rollup of the $9.2 billion business.

  • June 6, 2018

    Dr. Dre, Beats Owe $107M In Headphone Royalties, Jury Told

    Counsel for a man claiming he originated the design behind Beats headphones told a California jury during Wednesday opening statements that Beats Electronics LLC owes him $107 million in royalties, while Beats and founders Dr. Dre and Jimmy Iovine painted the man as a fantasist who was only owed royalties on Beats’ first model.

  • June 6, 2018

    Viacom Wins Nix Of Rapper The Game's $20M Negligence Suit

    A California federal judge Tuesday tossed a $20 million negligence suit brought by the rapper known as The Game, who accused Viacom Inc. of putting him in danger by allowing a criminal to participate in his reality show to add “spark” to it, finding that the claims arise from Viacom’s exercise of its constitutional right to free speech.

  • June 6, 2018

    Convicted Valeant Exec Says Dishonest Juror Tainted Trial

    A former Valeant Pharmaceuticals International Inc. manager awaiting sentencing for his role in a $9.7 million kickback plot has urged a Manhattan federal judge to scrap his conviction, saying one of the jurors lied to hide that she's embroiled in a lawsuit alleging she abused disabled adults at a care facility.

  • June 6, 2018

    HP Wants Oracle Sanctioned For Deleting Docs In IP Row

    Hewlett Packard urged a California federal judge Tuesday to sanction Oracle for spoiling documents in the latter's copyright suit against the tech giant, arguing that Oracle co-CEO Mark Hurd intentionally deleted hundreds of documents relevant to the litigation.

  • June 6, 2018

    Applebee's Tees Up Litigation With Bankrupt Franchisee

    The parent company of Applebee’s Neighborhood Bar and Grill told a Delaware bankruptcy judge Wednesday that it was ready to move forward with an adversary complaint against one of its largest franchisees and it would not oppose the intervention in the case of creditors.

  • June 6, 2018

    Alston Picks Up Ex-Drinker Biddle Product Liability Partner

    Alston & Bird LLP has hired a product liability and consumer class action pro from Drinker Biddle & Reath LLP to bolster the budding litigation and mass tort team at the firm’s year-old San Francisco office.

  • June 6, 2018

    Split 8th Circ. Backs CyberPower Win In Fired Exec's Suit

    A split Eighth Circuit panel on Wednesday found that a lower court didn't err when it found that a fired CyberPower Systems (USA) Inc. executive's compensation agreement "unambiguously" never changed his status as an at-will employee, backing the power supply product company's quick win in the suit.

  • June 6, 2018

    Trump Cos. Fight Stay Of Suit Against Panama Unit Owners

    Two Trump hotel companies asked a New York federal judge to deny a bid by owners of units in a Trump-branded Panamanian luxury hotel to pause a jurisdiction suit during related International Chamber of Commerce arbitration, saying the owners previously claimed that the suit and the arbitration were unrelated.

  • June 6, 2018

    Supplement Maker Can't Prove Consent Judgment Violated

    A Pennsylvania federal judge has ruled that, despite a dietary supplement maker's allegations that a Florida-based pharmaceutical company had continued to sell a knock-off version of one of its products after a settlement agreement was finalized, there is insufficient evidence the Florida company violated a court order.

  • June 5, 2018

    Facebook Shares Data With Huawei, Other Chinese Telecoms

    Representatives for Facebook acknowledged Tuesday that it has data-sharing partnerships with Chinese telecommunications companies Huawei, Lenovo, OPPO, and TCL, saying the deals have allowed the social media company to integrate its services onto different phones and adding that it is winding down the Huawei deal by week’s end.

  • June 5, 2018

    Real Estate Co. Escapes Fine Over DQ Bid For JAMS Judge

    A California Superior Court judge Tuesday decided not to fine a real estate company for seeking to disqualify a retired judge aiding proceedings over a loan for a San Francisco apartment complex, sidestepping accusations the disqualification bid made a "mockery of the judicial process" by finding the sanctions motion couldn’t pass procedural muster.

  • June 5, 2018

    Swedish Court Says Russian Tribunal Violated Due Process

    The Swedish Supreme Court has refused to enforce a Russian arbitral award ordering a Swedish robotics company to pay a meat processor nearly $400,000, concluding that the tribunal disregarded due process when it refused to give the Swedish company more time to present its case.

  • June 5, 2018

    Parent Co. Off Hook In $6.5M Texas Oil Well Service Fight

    A Texas appellate court on Tuesday reversed Weatherford International Inc.’s more than $6.5 million win against the parent company of an oil and gas exploration company that allegedly failed to pay for labor and materials used to drill an oil well.

  • June 5, 2018

    'To Err Is Human,' Yarn Co. Says Of Judge's Arbitration Order

    "To err, as Pope wrote, is human," an Indian yarn spinner told a California federal judge, quoting the English poet Alexander Pope while asking him to rethink his arbitration order in a dispute in which it accused two U.S. cotton companies of plotting to shut it out of the market and inflicting $100 million in damages.

  • June 5, 2018

    Calif. Court Affirms Louis Vuitton Class Action Waivers

    A Los Angeles county judge has found that two Louis Vuitton workers waived their rights to sue the designer in court, sending most of their two wage suits to arbitration and tossing their class-action claims.

Expert Analysis

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • A More Mobility-Friendly Approach To Noncompetes In Ill.?

    Dan Fazio

    An Illinois federal judge's recent decision in Medix Staffing Solutions v. Dumrauf marks a departure from the weight of authority in the state that would traditionally allow development of a factual record before finding a noncompetition covenant overbroad, say Dan Fazio and Shane Blackstone of Winston & Strawn LLP.

  • Revamping Contracts For GDPR: How To Get Organized

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    There are clear trends that any company working to bring service contracts in line with the EU General Data Protection Regulation should keep in mind. Many of these are typical for this type of large-scale remediation, but there are considerations specific to the GDPR effort of which companies, particularly controllers, should be aware, says Ed Livingston of Axiom Law.

  • 5 Signs Of Trouble For Customers In Software Contracts

    Robert Kriss

    Implementing new software is a challenging process, even with the best vendors and contracts. We have identified a number of potential early warning signs of trouble for customers in software contracts, say Robert Kriss and Brad Peterson of Mayer Brown LLP.

  • Crypto Set To Drive Demand For Traditional Services: Part 2

    Izzy Nelken

    There is speculation that smart contracts may enable technology to replace the practice of law. However, disputes will almost certainly arise as a result of the innate characteristics of smart contracts, requiring seasoned legal representation, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Crypto Set To Drive Demand For Traditional Services: Part 1

    Collin Starkweather

    The widespread adoption and increasing regulation of virtual currencies and related technologies will give rise to the need for individuals with expertise in traditional fields, such as financial services and tax, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Common Pitfalls In Cross-Border M&A

    Siegmar Pohl

    When negotiating and closing deals between U.S. and European or Asian companies, applying well-known principles of one jurisdiction can sometimes lead to unexpected outcomes in another. Siegmar Pohl and Shin Iwata of Squire Patton Boggs LLP discuss hidden liabilities, cultural differences and other surprises in cross-border mergers and acquisitions.