Commercial Contracts

  • October 11, 2017

    Cancer Center Settles Genetic Testing Licensing Breach Suit

    The research wing of Philadelphia’s Fox Chase Cancer Center has settled a lawsuit that accused two genetic testing companies of violating a license agreement for proprietary technology developed by Fox Chase, according to a Pennsylvania state court filing Tuesday.

  • October 11, 2017

    Rail Shippers Denied Cert. In Fuel Surcharge Antitrust Row

    A group of rail shippers lost their bid for class certification in long-running multidistrict litigation accusing railroad giants of conspiring to fix fuel surcharges after a D.C. federal judge ruled Tuesday that there were still some individualized issues and the plaintiffs’ model for calculating damages was flawed.

  • October 11, 2017

    Tribe Bought Patents With Immunity Promise, Allergan Says

    The Saint Regis Mohawk Tribe agreed to assert immunity during patent challenges and extend that immunity to Allergan Inc. in exchange for Allergan giving it ownership of patents protecting the dry eye treatment Restasis, the drugmaker said Tuesday after a federal judge in Texas told it to prove the deal wasn’t a “sham.”

  • October 11, 2017

    Software Co. Hits Home Invest For Stolen Code, Broken Deal

    Chicago-based real estate investment company Home Invest LLC was sued Tuesday in Illinois federal court by a Florida software developer and consultant that say that, only two months into a contract to revamp Home Invest's information technology functions, the client has flouted major contract terms, missed payments and stolen the developer's code.

  • October 10, 2017

    Texas Justices Weigh Atty Pay After Oral Contingency Deals

    Texas Supreme Court justices on Tuesday questioned whether attorneys can collect a “reasonable value” for their work on behalf of clients if that value is tied to any type of contingency, as they weigh whether to throw out a $7.25 million award for Shamoun & Norman LLP’s work in a dispute over a Hunt Petroleum Corp. heir’s family estate.

  • October 10, 2017

    Prudential Sues Legal Plan Provider Over Loan Audits

    Prudential Insurance hit Pennsylvania-based legal plan provider The Legal Coverage Group and its chief executive on Friday with a $33.8 million lawsuit in New York claiming the company has repeatedly defaulted on the terms of a $40 million financing deal and dodged calls for audited financial statements.

  • October 10, 2017

    9th Circ. Asked To Rehear 'Supercookies' Arbitration Row

    Turn Inc. is pushing the Ninth Circuit to reconsider a panel decision that allowed Verizon subscribers to avoid arbitrating their putative class action accusing Turn of secretly tracking them with "supercookies," arguing that the holding "trampled" the law and would "open the floodgates" to bids to dodge arbitration agreements.

  • October 10, 2017

    Insurer Can't Compel Arbitration In $12M Halliburton Row

    An insurer can’t force Halliburton Energy Services Inc. to arbitrate a dispute over whether it's liable for about $12 million the insurer paid Statoil ASA for an explosion at an Ohio oil and gas site where Halliburton was conducting fracking operations, a Texas federal judge held Tuesday.

  • October 10, 2017

    REIT Biz Says Md. Charter Blocks Ex-Officers' Del. Fee Claims

    The successor to real estate investment trust mogul Nicholas S. Schorsch’s American Realty Capital Partners asked Delaware’s Chancery Court to toss more than $16 million in legal fee demands from Schorsch and three other former Vereit Inc. figures, arguing that the company’s Maryland charter controls the forum.

  • October 10, 2017

    Reed Smith Signs Sports Insurance Recovery Expert

    Reed Smith LLP said Tuesday it has added sports and entertainment insurance specialist Richard C. Giller as a partner in its Los Angeles insurance practice.

  • October 10, 2017

    Adidas Ends 3-Stripe Trademark Suit Against Juicy Couture

    Adidas has reached a settlement to end a trademark lawsuit against Juicy Couture over apparel that allegedly infringed the German giant's "three-stripe" trademark, according to court papers filed Tuesday.

  • October 10, 2017

    BNY Mellon Slams MBS Investors' Bid To Revisit Quick Wins

    The Bank of New York Mellon has pushed back against investors’ bid to have a New York federal judge rethink some of the quick wins she gave the bank earlier this month in their suit over its alleged failures as trustee for a slew of residential mortgage-backed securities trusts.

  • October 10, 2017

    Mass. Hospitality Group Refinances 3 Boston-Area Hotels

    A Massachusetts-based hospitality firm has refinanced a three-property hotel portfolio totaling 623 rooms in the Boston-area towns of Natick and Somerville, commercial real estate broker Holliday Fenoglio Fowler LP said Monday.

  • October 10, 2017

    Fox Units Urge Court To Toss Soccer TV Rights Bribery Suit

    A group of 21st Century Fox Inc. units on Monday told a Florida federal judge that a bribery and antitrust lawsuit against them over broadcast rights for South American soccer tournaments should be dismissed thanks to “incurable” defects running rampant in the amended complaint.

  • October 10, 2017

    Landowners Lose $4M Suit Accusing Dakota Access Of Fraud

    A North Dakota federal judge on Tuesday handed a win to Dakota Access LLC over a group of landowners claiming it and another company made various misrepresentations to them while negotiating easements for its controversial pipeline.

  • October 10, 2017

    Heckler & Koch Can't Pause Orbital's $27M Army Deal Suit

    U.S. defense contractor Orbital ATK Inc.’s $27 million dispute with Heckler & Koch GmbH over a U.S. Army contract won’t be paused while the German arms manufacturer appeals to the Eighth Circuit in an effort to have the case arbitrated, a Minnesota federal magistrate judge has said.

  • October 10, 2017

    Justices Deny Ex-Stanford Advisers' Arbitration Appeal

    The Supreme Court on Tuesday denied a petition from former financial advisers seeking to force arbitration from an alleged $7 billion Ponzi scheme run by R. Allen Stanford, turning down their bid to force arbitration with the funds receiver over $215 million.

  • October 6, 2017

    Apple's Top Legal Eagle Retiring, Ex-Honeywell Exec New GC

    Apple Inc.’s general counsel is retiring and will be replaced by a former Honeywell senior vice president and GC, the phone and computer titan announced Friday.

  • October 6, 2017

    Judge Sits Out Discovery Row In MarkitSERV Suit, For Now

    MarkitSERV Ltd. and the financial technology company accusing it of monopolizing the market for interest rate swap trade processing services have been told by a New York federal judge that they should take some more time to work out their discovery dispute over trading data before he’ll intervene.

  • October 6, 2017

    Benefits Portal Biz Wants Derivative Suit Cut Short

    A Massachusetts lawyer and his father-client are using a federal suit, recently filed amid a protracted battle for control of an internet employee-benefits company, as “leverage” against a $1.5 million verdict springing from the same dispute, the company's executives said Thursday.

Expert Analysis

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • The Whys And Hows Of Motor Vehicle Titling Trusts: Part 2

    Alan Mogol

    In the second installment of this article, Baker Donelson partner Alan Mogol examines how the beneficial ownership interest in a sub-trust may be used for warehouse financing, permanent financing and syndication, and the importance of compliance with securities laws in syndication arrangements.

  • CFPB Arbitration Rule: What To Know And How To Plan

    Aaron Cutler

    Unless Congress invalidates the Consumer Financial Protection Bureau's recently announced arbitration rule through use of the Congressional Review Act or other (more protracted) means, the rule will become effective Sept. 18. Attorneys with Hogan Lovells examine what this means for covered financial institutions and what they should do now.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • FTC V. Qualcomm: The Balance Between Patents And Antitrust

    Derek Dahlgren

    Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Getting The Most Out Of Your Reps & Warranties Insurance

    Joseph Rockers

    Companies seeking representations and warranties insurance policies should shop for coverage with the claims process in mind. Choosing a policy based on cost alone may be a false economy if the insurance carrier is inexperienced or lacks a track record of paying meritorious claims, says Joseph Rockers of Goodwin Procter LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Successful Integration In Transformational M&A Deals

    Rohith George

    Increasingly, the biggest M&A deals are transformational in nature and involve the acquisition of new technologies. However, this strategy comes with unique challenges, often involving separating interdependent systems and effectively reassembling and integrating disparate and new technologies into an existing environment, say Rohith George and Andy Stewart of Mayer Brown LLP.