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Commercial Contracts

  • October 3, 2018

    McCormick, Zurn Confirmed To Complete Chancery Expansion

    With a nod to the state's thorough judicial candidate screeners, Delaware's Senate swiftly confirmed two vice chancellor additions to the state's Court of Chancery on Wednesday, boosting the increasingly busy court's membership to seven.

  • October 3, 2018

    Supreme Court Hears Trucker's Take On Arbitration Limits

    The U.S. Supreme Court heard a truck driver's arguments Wednesday that Congress had the foresight in the 1920s to prohibit commerce employers such as New Prime Inc. from forcing independent contractors, like all other cross-border workers, into arbitration.

  • October 3, 2018

    Deutsche Sues BofA For $253M Over Loan Warranty Breaches

    Deutsche Bank National Trust Co. is seeking more than $253 million from Bank of America as the successor of Countrywide Home Loans Inc., saying Tuesday that the loan originator has issued hundreds of loans that breach its representations and warranties but has failed to repurchase those loans despite its contractual obligations to do so.

  • October 3, 2018

    AmEx Cardholders Get Cert. Redo Over Arbitration Contracts

    A California state appeals court has revived American Express cardholders' proposed class action seeking a declaration that the company's mandatory arbitration provisions are illegal, finding that a lower court denied consumers certification based upon the wrong standards and erroneous legal assumptions. 

  • October 3, 2018

    WebMD Says It Didn't Swipe Smaller Co. Secrets, Break NDA

    WebMD Health Corp. sued a Houston-based online health care services provider in Texas federal court, seeking a determination that it did not steal trade secrets from the smaller company in violation of a confidentiality agreement inked during recently scrapped acquisition talks.

  • October 3, 2018

    EHealthline Appeals OK Of $3.5M Award To 9th Circ.

    EHealthline.com asked the Ninth Circuit on Wednesday to reverse an order confirming a $3.49 million arbitral award issued to its former joint-venture partners over a failed project to build a pharmaceutical manufacturing facility in Saudi Arabia.

  • October 3, 2018

    Gazprom Looks To Nix Award Over Pact With Poland's PGNiG

    Gazprom has challenged a Swedish arbitral tribunal's decision that Polish natural gas company PGNiG can look to renegotiate the price of its long-term gas supply contract with the Russian natural gas giant, PGNiG said.

  • October 3, 2018

    Apple Denied Bid To Pull Back Docs In Qualcomm Fight

    Apple Inc. can’t claw back dozens of documents turned over in its epic patent fight with Qualcomm Inc., a California federal judge ruled Tuesday, saying Apple failed to show that it tried to head off their inadvertent release.

  • October 3, 2018

    Ogletree Gender Bias Suit Shouldn't Be Arbitrated, Atty Says

    An attorney suing Ogletree Deakins Nash Smoak & Stewart PC for gender bias has argued that the $300 million proposed class action currently in California federal court doesn't belong in arbitration, contending that the firm presented its arbitration agreement in a misleading way and that she never actually signed it.

  • October 2, 2018

    Rakoff Sends WTA Suit Against Ex-Tennis Star To Arbitration

    Romanian billionaire and former tennis star Ion Tiriac must pause a defamation lawsuit against the Women’s Tennis Association and its CEO in Cyprus and submit to arbitration in New York, an Empire State federal court ruled on Tuesday.

  • October 2, 2018

    Firm Beats $5M Malpractice Claim, Wins $150K For Fees

    An Iowa federal jury held on Monday that a Nebraska law firm didn’t commit legal malpractice while representing a man in a suit over ownership of an insurance marketing company, awarding the firm $150,000 on its cross-claim for unpaid fees.

  • October 2, 2018

    Mexican Cement Co. Says Colo. Court Can't OK $36M Award

    A Mexican cement company has told a Colorado federal court that it lacks the jurisdiction to confirm a $36.1 million arbitral award against the company, arguing that the Bolivian investment firm seeking confirmation has not shown the case has any connection to the U.S. and that it therefore should be heard in Mexico.

  • October 2, 2018

    Doctors Say Jury Doubled Up $4.4M Judgment, Seek New Trial

    A Chicago-area orthopedics group on Monday urged an Illinois federal judge to order a new trial after it was hit with a $4.4 million verdict in a dispute with a former partner who alleged that the partnership stuck him with unnecessary expenses and fraudulently reported his earnings to the IRS.

  • October 2, 2018

    Fla. Attys Fend Off Partnership Breach Suit, Win Sanctions

    A Florida federal judge on Tuesday granted two South Florida attorneys' request for sanctions against their former partner in California and permanently dismissed what they said were frivolous claims that they had failed to pay him his fair share of profits in their cross-country partnership.

  • October 2, 2018

    Infowars Sues After PayPal Cut Ties Based On Hate Speech

    Free Speech Systems LLC, the parent company of Infowars, on Monday slapped PayPal Inc. with an unlawful business practice suit in California federal court, accusing the payments processing website of cutting ties with Infowars because of its conservative viewpoints.

  • October 2, 2018

    Munck Wilson Brings On Complex Litigation Partner In Dallas

    Munck Wilson Mandala has hired a former name partner from what is now Godwin Bowman PC to be a senior partner in Munck Wilson's Dallas office, where she brings decades' worth of experience in complex commercial litigation.

  • October 2, 2018

    Ligand Asks Chancery To Toss Costly Formula Error Suit

    Ligand Pharmaceuticals Inc. urged Delaware’s Chancery Court late Monday to throw out an “opportunistic” investor suit it said aimed to exploit a “scrivener’s error” that set up a bogus, multibillion-dollar stock conversion right for notes with a fraction of that value.

  • October 2, 2018

    Sotheby's Helped Art Dealer Overcharge $1B, Tycoon Says

    Family trusts for Russian tycoon Dmitry Rybolovlev sued Sotheby's for more than $380 million in New York federal court Tuesday, alleging that it helped an art dealer overcharge for 38 masterworks, the latest prong in the billionaire's global battle to hold the auction house accountable for "the largest art fraud in history." 

  • October 2, 2018

    GE Says It's Entitled To Atty Fees In Well Blowout Row

    Attorneys for a GE unit told a Texas state judge during a bench trial in Houston on Tuesday that it was entitled to collect close to $1 million in attorneys' fees it racked up defending itself in a product liability case stemming from a well blowout.

  • October 2, 2018

    Court Can Decide Dental Suit Arbitration Bid, Justices Told

    The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.

Expert Analysis

  • 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.

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Cos. Caught Between Iran Sanctions And EU Blocking Statute

    Guy Soussan

    In response to the reimposition of U.S. sanctions against Iran, the European Union has expanded the scope of its blocking statute to prohibit EU and multinational companies from complying with these sanctions. But the blocking statute does not apply if a decision to terminate business with Iran is for reasons unrelated to sanctions, which gives companies some flexibility, say attorneys with Steptoe & Johnson LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • The REIT Take-Private Process: Trends And Considerations

    Spencer Johnson

    Current market conditions have set the stage for a wave of real estate investment trust public-to-private transactions. While there is no one-size-fits-all process, attorneys with King & Spalding LLP look at some common ways these deals are being initiated and negotiated today.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.