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Commercial Contracts

  • August 9, 2018

    Marcus & Auerbach Seek $4M Fees In 2nd Major Annuity Deal

    Marcus & Auerbach LLC asked a Massachusetts federal judge Wednesday for final approval of a settlement that would guarantee the annuities of 5,000 Aviva PLC customers at a value of up to $41 million and include $4.1 million in attorneys’ fees.

  • August 9, 2018

    Nissan Settles Incentive Row With Ohio Dealerships

    Nissan North America Inc. and four Cleveland-area car dealerships have struck an undisclosed settlement resolving claims that the automaker incentivized their rival and unfairly burdened them with financial incentives, according to an Ohio federal court order.

  • August 9, 2018

    Texas Appeals Court Upholds Builder's Arbitration Clause

    A split Texas state appeals court on Thursday said a dispute over a building contract between prospective homeowners and a construction company should have gone to arbitration, overturning a lower court's finding that the agreement contained language that did not mandate arbitration.

  • August 9, 2018

    Airline Can't Probe Immigration Status In IP Row, Court Told

    The vice president of an airline marketing company urged an Illinois federal court to quash a subpoena into his immigration records that was issued by a Canadian budget airline in a contract and intellectual property dispute between the two companies.

  • August 9, 2018

    Beverly Hills' Rent Law Flouts Privacy Rights, Suit Says

    A trade group that advocates for affordable housing in Southern California filed suit against Beverly Hills in California federal court on Wednesday, alleging that the city's new rent stabilization ordinance improperly requires property owners to turn over sensitive personal information about tenants.

  • August 8, 2018

    Bowles Rice, Title Insurer Set For Trial In $41M Contract Row

    Bowles Rice LLP is headed to trial against a longtime partner, title insurer First American, after a federal court ruled Wednesday enough facts remain disputed about the law firm's share of blame around a $41 million settlement following the rocky construction of a coal power plant, whose title First American insured.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    Online Tribal Lenders Hit With Va. Proposed Class Action

    Two online lenders have been hit with a proposed class action from Virginia consumers alleging a scheme in which the tribally linked lenders were used as a front to avoid state usury laws.

  • August 8, 2018

    Settlement Breach Suit Over $50M Aflac Demand Can Proceed

    A Georgia federal court has decided to allow a suit alleging that a woman breached a 25-year-old settlement agreement by sharing details about her original claims with an attorney handling a different suit against Aflac Inc., who then threatened further legal action against the insurance company unless it paid $50 million.

  • August 8, 2018

    4th Circ. Partly Vacates $2M Win For Liberty Tax Franchisee

    In an unpublished opinion released Wednesday, the Fourth Circuit partially vacated a lower court’s decision to award more than $2 million to a former Liberty Tax franchisee, finding that an agreement upon which the award was based could not be legally enforced.

  • August 8, 2018

    Texas Court Affirms $16M Mexico Power Plant Arbitration Win

    A Texas appeals court on Wednesday affirmed a $16 million arbitration award in a dispute between an electrical equipment maker and a power company over the construction of a Mexico power plant, ruling that the lack of a record in the arbitration proceedings isn’t grounds to reverse its finding.

  • August 8, 2018

    9th Circ. Affirms Emirates Bank's Trade Secrets Trial Win

    The Ninth Circuit on Tuesday upheld a jury verdict in favor of banking giant Emirates NBD Bank PJSC, finding that financial technology firm InfoSpan Inc. had not shown that the jury was prejudiced or that it was not properly instructed during the trial over claims the bank stole InfoSpan's cellphone-based payment system.

  • August 8, 2018

    USC Asks Full 9th Circ. To Allow Arbitration Of ERISA Claims

    The University of Southern California has urged the Ninth Circuit to grant it an en banc hearing to reconsider its affirmation of a lower court's finding that the school couldn't send Employee Retirement Income Security Act claims that it mismanaged workers' retirement savings to arbitration, saying the decision runs afoul of U.S. Supreme Court precedent.

  • August 7, 2018

    Arbitrator Overstepped In $21M Contract Row, 5th Circ. Says

    An arbitrator overstepped his limited authority by rewriting a contract between two industrial equipment rental companies in an effort to fix what he saw as a “mutual mistake” involving a potentially $21 million comma, the Fifth Circuit said Monday.

  • August 7, 2018

    Former Aegerion Sales Rep Indicted In Juxtapid Push

    A former drug salesman for Aegerion Pharmaceuticals Inc. was indicted Tuesday on fraud charges for allegedly falsifying health records to prompt health insurance providers to contribute to the steep cost of the company's specialized cholesterol treatment, Juxtapid.

  • August 7, 2018

    HP’s Bid To Sanction Oracle In IP Row ‘Overkill,’ Judge Says

    The California federal judge overseeing discovery in Oracle's copyright suit against Hewlett Packard rejected HP's bid to sanction Oracle for an executive's deletion of hundreds of emailed reports, saying Tuesday the reports were available elsewhere and calling Hewlett Packard's request “extremely overkill.”

  • August 7, 2018

    PE Firms Trade Fraud Claims In Chancery Over $115M Deal

    Two private equity firms traded fraud and perjury accusations Tuesday during post-trial arguments over allegedly false or distorted seller disclosures before the $115 million sale of then-troubled e-payment processing company Plimus Inc. in late 2011.

  • August 7, 2018

    Builder Owes Pump Station's Fired Subcontractor: 8th Circ.

    The Eighth Circuit on Tuesday sided with a subcontractor in a lawsuit stemming from a government contract to build a pumping station in Arkansas, upholding a lower court’s finding that the contractor wrongfully terminated the subcontract and owes more than $215,000 in labor and materials.

  • August 7, 2018

    Seismic Owes Attys' Fees As Sinclair Won, 5th Circ. Told

    An agreement that stated a winning party in any underlying dispute was entitled to attorneys' fees means Sinclair Companies didn't need to “specially plead” its request for the funds after beating Seismic Wells in a contract fight, the Fifth Circuit was told Tuesday.

  • August 7, 2018

    ABA Opposes Forced Arbitration Of Sex Harassment Claims

    American Bar Association delegates on Tuesday approved a resolution calling on law firms and other legal employers to eschew requirements that people with claims of sexual harassment go to arbitration.

Expert Analysis

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Epic Systems And The Erosion Of Federal Class Actions

    Amanda Karl

    Over the last decade, the U.S. Supreme Court has made it progressively harder for consumers and employees to vindicate their rights through class actions. Although plaintiffs can still bring meritorious class actions in federal court, the recent decision in Epic Systems confirms that plaintiffs should look for creative alternatives in state court, say Amanda Karl and Steven Tindall of Gibbs Law Group LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Potential Risks Of Boilerplate NY Choice Of Law Clauses

    Glenn West

    Recently, a New York appellate court ruled in 2138747 Ontario v. Samsung that a breach of contract claim arising from a New York choice of law clause was time-barred pursuant to Ontario's statute of limitations. This decision presents an opportunity to re-examine standard boilerplate New York choice of law clauses, says Glenn West of Weil Gotshal & Manges LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • In A Health Provider Restructuring, Beware The Master Lease

    Steven Horowitz

    A health care operator in financial distress may consider a number of nonbankruptcy options to streamline its operations, dispose of underperforming assets and improve its position. However, an operator with significant assets in a master lease may find that the lease imposes a variety of restrictions, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.