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Commercial Contracts

  • July 6, 2018

    What You Need To Know For The Supreme Court Nomination

    President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.

  • July 6, 2018

    Mass. High Court Ruling May Alter Breach Litigation

    Upending decades of case law, a recent ruling by Massachusetts’ high court is likely to change how construction contract breaches are litigated now that contractors have been provided a path toward payment for completed work even if they’ve intentionally broken agreements, experts say.

  • July 6, 2018

    2nd Circ. Anthem, Express Scripts Pricing Row Rages On

    Workers who received prescriptions through employee health care plans serviced by Anthem Inc. and Express Scripts Inc. fired back Thursday at the companies' claim that drug-pricing choices are "business decisions" exempt from scrutiny under the Employee Retirement Income Security Act, calling that stance a "radical position" with no legal basis.

  • July 6, 2018

    Indian Court Enforces $16M Award In Solar Panel Row

    An Indian court has enforced a nearly $16 million arbitral award issued to a Chinese solar energy company following a dispute over a supply agreement, rejecting an Indian renewable energy company's argument that the award had been issued by the wrong Chinese arbitral institution.

  • July 6, 2018

    EB-5 Fraud Dispute Flares Up After $1.1M Settlement

    Conflict has reignited between a group of California-based companies and a Chinese investor who accused them of running an EB-5 visa scam, with the alleged fraudsters saying the investor flouted a nondisparagement clause in the parties’ $1.1 million settlement and urging a federal judge not to enforce the deal.

  • July 6, 2018

    Cellphone Buyers Seek Cert. In Qualcomm Chip Price-Fix Suit

    Smartphone buyers urged a California federal judge Friday to certify an antitrust class action accusing Qualcomm of fixing the price of microchips used in cellphones.

  • July 6, 2018

    Cardi B Countersues 'Deceitful' Ex-Manager For $15M

    Cardi B slapped her former manager on Thursday with at least $15 million in counterclaims after he initially hit her with a $10 million defamation and breach of contract suit, as the rapper alleged in New York federal court that he deceitfully took a large chunk of her royalties and duped her into signing over all of her copyrights for audio or video recordings.

  • July 6, 2018

    Keybank Can't Escape $28M Breach Of Contract Suit

    Keybank NA will have to continue to face the bulk of a series of breach of contract claims brought by an online banking service provider that said it lost $28.5 million after Keybank reneged on two agreements, a Massachusetts federal judge ruled on Thursday.

  • July 5, 2018

    Quicken Loans Wants Tech Trade Secrets Suit Tossed

    Mortgage lender Quicken Loans Inc. and its affiliates asked a Texas federal court Thursday to dismiss a suit that alleges they stole technology from a property appraisal startup, arguing their accuser has filed different incarnations of the case against others elsewhere and is shamelessly venue-shopping.

  • July 5, 2018

    6th Circ. Affirms $2.6M, 9-Year Sentence Of Ky. Fraudster

    The Sixth Circuit ruled Thursday a lower court did not err in sentencing a Kentucky businessman to serve more than nine years in prison and pay $2.6 million in restitution for his role in a scheme that defrauded multiple banks out of $8.1 million, saying the fraudster was the prime beneficiary of the scam.

  • July 5, 2018

    Biz Row Veil-Piercing Ignored Pa. Law, 3rd Circ. Says

    The Third Circuit on Thursday ruled that a district court erred in holding only one half of a Pennsylvania tech firm’s husband-and-wife owner duo personally liable for discovery misconduct in a business dispute, issuing a precedential decision that clarified state law limits to federal sanctioning authority.

  • July 5, 2018

    Truck Co.'s $12M Fight With Pension Fund Enters New Round

    A Maryland federal judge has agreed to reopen a decade-long, multimillion-dollar feud between Penske Truck Leasing Co. and a pension fund, paving the way for the parties to resolve any disputes that remain after an arbitrator ordered the fund to pay Penske more than $12 million.

  • July 5, 2018

    Rakoff Awards Related $2.1M In Suit Against Ex-Biz Partner

    The Related Companies LP scored $2.1 million in their racketeering and fraud suit against a former business partner and several companies linked to him and can continue with Racketeer Influenced and Corrupt Organization Act claims, according to a New York federal court opinion by U.S. District Judge Jed S. Rakoff filed Thursday.

  • July 5, 2018

    Susman Says Beating Beats Was All About 3rd-Party Status

    Susman Godfrey attorneys who spearheaded a $25 million royalties win over Beats Electronics LLC celebrity co-founders Dr. Dre and Jimmy Iovine last week say the case’s key challenge was convincing jurors that their client was an intended third-party beneficiary of a royalty agreement without his name on it.

  • July 5, 2018

    Trimble Illegally Withholding $5.8M In Escrow, Suit Claims

    The founder of Manhattan Software filed suit in Delaware federal court on Thursday alleging software developer Trimble Inc. is violating their share purchase agreement by illegally obstructing the release of $5.8 million in an escrow account based on illegitimate indemnification claims tied to an unrelated settlement.

  • July 5, 2018

    FirstEnergy Unit Moves To Block Supply Deal Cancellation

    FirstEnergy Solutions Corp. has asked an Ohio bankruptcy court to find a Pennsylvania auto parts maker in contempt for canceling a supply contract with the bankrupt power generator, saying it is in violation of the Chapter 11 stay.

  • July 5, 2018

    Iraq Contractors' Contempt Bid For Camera Supplier Tabled

    A Massachusetts federal judge on Thursday denied a bid by a group of technology contractors to hold in contempt a company they say cost them more than $1 million by breaching a contract to provide security cameras for the Iraqi government, concurring with the recommendations of a magistrate judge.

  • July 5, 2018

    Ex-Financial Services Exec Cops To $1M Kickback Scheme

    The former chief information officer of a Texas-based financial services company admitted Thursday in New Jersey federal court to accepting nearly $1 million in cash bribes in exchange for his help with securing contracts between the business and two information technology staffing companies in the Garden State.

  • July 5, 2018

    Rapper Rick Ross Can't Toss Venue's Canceled Concert Suit

    A Pennsylvania federal judge on Thursday rejected arguments from rapper Rick Ross that he should be cut loose from a lawsuit over a hastily canceled concert appearance because he had not been personally involved in negotiations over the Pittsburgh-area show.

  • July 5, 2018

    Oracle Fights HP's Sanctions Bid In Software IP Row

    Oracle America Inc. urged a California federal judge on Tuesday to reject HP's bid to sanction the company over allegations that Oracle co-CEO Mark Hurd intentionally deleted hundreds of documents relevant to a copyright suit against the tech giant.

Expert Analysis

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • Illinois’ Unique Lease Tax Leaves Lessors Liable

    David Machemer

    While most jurisdictions impose sales tax on lease receipts collected from the equipment lessee, Illinois differs by treating the lessor as the user of the equipment and consequently responsible for Illinois use tax. This presents some unique challenges for lessors, says David Machemer of Horwood Marcus & Berk Chtd.

  • 4 Tips For Drafting A Strong Arbitration Agreement

    Zela Claiborne

    When counsel finish negotiating and memorializing a business deal, there may be little attention paid to crafting a dispute resolution provision for disputes that may never arise. However, it's important to take the time to craft a straightforward clause that will serve the parties well even when a complex dispute arises years later, says Zela Claiborne of JAMS.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • 5 Crucial Contract Provisions For Mature Construction Cycles

    Colby Drew

    The construction industry is currently in a mature cycle, meaning construction skills and costs are very high, but contractor availability is low. A properly worded contract reflecting the cycle's unique benefits and challenges will greatly enhance the prospects of successful project completion, says Drew Colby of Partridge Snow & Hahn LLP.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • Arbitration Jujitsu: 'Sealed Settlement Offers' Add Leverage

    Gilbert A. Samberg

    When negotiating a settlement before incurring the costs of arbitration, counsel may leverage the weight of anticipated arbitration costs by means of a "sealed settlement offer" — thereby putting additional pressure on a counterparty to be realistic in calculating the settlement value, says Mintz Levin member Gilbert Samberg.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.