Commercial Contracts

  • April 12, 2018

    Drinks Co. Appeals Fees Award, Saying Arbitrator Would Profit

    Drinks company Olympic Eagle Distributing brought a fight to the Ninth Circuit on Wednesday against an arbitrator's award of $3 million in attorneys' fees to Monster Energy Co. following a contract dispute, claiming the JAMS representative who arbitrated the dispute has a conflict of interest.

  • April 12, 2018

    Gov't Subcontractor's Breach Row Was Tardy, 4th Circ. Says

    The Fourth Circuit on Thursday affirmed a lower court’s decision tossing litigation saying a U.S. Air Force prime contractor was contractually obligated to pay its subcontractor a higher rate of administrative cost reimbursement, finding the suit seeking almost $2.7 million in purportedly shorted payments was years too late.

  • April 12, 2018

    NFL's Rams Must Hand Over Pricing Data In Ticketholder Suit

    A Missouri federal judge ordered the NFL's Rams on Thursday to produce certain pricing information that it had not produced despite what the ticketholder plaintiffs in litigation over the team's move to Los Angeles said was a long wait.

  • April 12, 2018

    Avee Objects To Abbott Dismissal Move In $36M Escrow Suit

    Former shareholders in Avee Laboratories Inc. objected late Wednesday to Abbott Laboratories’ bid to shut down a fiduciary breach claim in a Delaware Chancery Court suit over a $36 million merger escrow allegedly tapped for disputed company settlements of fraudulent drug-testing claims against Avee.

  • April 12, 2018

    Attys Vie To Lead Challenge To Gas Partnership Conversion

    Two attorney groups argued Thursday for the lead counsel role in a Delaware Chancery Court class action challenging a natural gas well investment partnership’s plan to convert into a corporation, saying the deal could cost preferred unitholders more than $237 million.

  • April 12, 2018

    Expedia Says Ryanair Site-Scraping Suit Belongs In Ireland

    Expedia Inc. urged a Washington federal judge Wednesday to dismiss a suit from Ryanair DAC that accuses the travel booking site of illegally scraping the airline’s website for fare information and then profiting from the unauthorized flight sales, saying Ireland is the most convenient venue for the Dublin-based airline.

  • April 12, 2018

    Former Snap Employee Must Arbitrate Dispute Over His Firing

    A California federal judge on Wednesday sent to arbitration a suit brought by a former employee of Snapchat maker Snap Inc. who alleged he was fired for raising concerns about the social media company's user metrics, finding their contract was neither unconscionable nor ambiguous.

  • April 12, 2018

    What To Watch As The Surface Transportation Board Staffs Up

    The Surface Transportation Board is inching closer to filling out its ranks if President Donald Trump's two nominees are confirmed, enabling the rail regulator to more swiftly tackle long-anticipated new rules to stimulate rail competition and smooth out high-profile rate and service disputes along the country's railways.

  • April 12, 2018

    7th Circ. Tosses Banks' Suit Over Schnuck Data Breach

    The Seventh Circuit on Thursday declined to revive a putative class action against Schnuck Markets Inc. by a group of banks that issued debit and credit cards affected by the company’s 2012 data breach, saying the issue was a contractual and not a tort matter.

  • April 11, 2018

    Audi Looks To Avoid Trial In Suit Over Dealership Sale

    Audi of America Inc. moved Tuesday to toss the last claim in a fight over Wyoming Valley Audi’s attempt to sell its dealership in a $17 million deal, telling a Pennsylvania federal judge that it didn’t breach the parties’ dealership agreement by holding up the sale and revoking approval of Wyoming Valley’s bid to relocate the dealership.

  • April 11, 2018

    Rackemann Adds Local Condo Law Attorney In Boston

    Boston’s Rackemann Sawyer & Brewster has hired an authority on condominium law to join its its century-old real estate practice, absorbing Feldman & Kozeli in a move that adds to the diversity of its property expertise.

  • April 11, 2018

    Operator Gets Korean Satellite Dispute Award OK'd

    A New York federal judge on Tuesday confirmed an arbitral award issued to a Bermuda satellite operator stemming from a politically fraught transaction, concluding the tribunal was within its rights not to apply a Korean government order nixing the sale.

  • April 11, 2018

    Payment Processor Slams Bad-Faith Fees Bid In Patent Row

    A payment processing company has told a New Jersey federal judge that its suit seeking a declaration that it didn’t infringe a New Jersey sports memorabilia dealer’s patents wasn’t frivolous and didn’t warrant sanctions given the dealer’s repeated accusations that the payment processor didn’t own the patents.

  • April 11, 2018

    Suppliers Fight Roofing Co.'s Attys' Fee Bid At 11th Circ.

    Two roofing materials suppliers on Tuesday asked the Eleventh Circuit to affirm a Florida district court’s ruling that roofing company Thermoset Corp. is not entitled to attorneys’ fees for the wrongful removal of a lawsuit over allegedly defective water-based adhesive, citing Thermoset’s own stumbles.

  • April 11, 2018

    UK Football Club Accuses Utah Kids' Group Of Stealing TM

    Britain's Liverpool Football Club launched a trademark infringement suit in Texas federal court Tuesday alleging a Utah-based youth soccer group struck a deal to use the professional team’s crest and other insignia but has since willfully refused to make the required payments.

  • April 11, 2018

    HK High Court Lets Media Biz Fight $130M Award

    Hong Kong's highest court ruled Tuesday that an Indonesian broadband company can try to repel efforts to enforce $130 million in arbitral awards issued against it over a failed multimedia and television joint venture, finding the lower courts should have given the company more time.

  • April 11, 2018

    Travel Company Told To Restore Canadian Airline's Website

    An Illinois federal judge on Tuesday temporarily resurrected a Canadian budget airline's website from the back pages of Google, issuing an injunction against a travel consulting company accused of holding the airline's bookings site hostage after their partnership soured. 

  • April 11, 2018

    Hercules Must Cover $5.5M In Fees In Oil Rig Fire Suit

    Hercules Offshore Inc. must indemnify a subcontractor for about $5.5 million in attorneys’ fees and expenses incurred in litigation stemming from a Louisiana offshore rig blowout, but Hercules itself is entitled to recoup those costs from an oil production company, a Texas federal judge ruled Tuesday.

  • April 11, 2018

    Macquarie, KKR $100M Auction-Rigging Claims Advance

    A New York state judge ruled that a real estate investor could move forward with its allegations that investment bank Macquarie conspired with asset manager KKR & Co. LP to rig an auction for apartment buildings worth $100 million, rejecting efforts to dismiss the case at a contentious hearing Wednesday.

  • April 10, 2018

    Emerson Targets Rival’s Inexperience In Trade Secrets Trial

    A BladeRoom executive conceded under cross-examination from Emerson Electric Co.’s attorney in BladeRoom Group Ltd’s trade secrets suit over a $200 million Facebook data center Tuesday that his company had never sold the technology it pitched to Facebook for a data center Emerson Electric Co. eventually built.

Expert Analysis

  • Power Of The Fiduciary Duty Contractual Waiver In LLCs

    Gail Weinstein

    The Delaware Chancery Court's decision in Miller v. HCP clarifies that minority investors in limited liability companies typically have very limited rights. Governing agreements often provide that LLC managers have no fiduciary duties, and the implied covenant of good faith is a weak tool for plaintiffs, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 3

    Excerpt from Lexis Practice Advisor
    Tolin_David.jpg

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the final part of this article.

  • 2nd Circ. Raises Bar For US Jurisdiction Over Foreign Banks

    Robert Reznick

    The Second Circuit's recent decision affirming the dismissal of UBS from a Madoff case is useful for foreign banks facing U.S. litigation. The decision is a reminder that, for purposes of general personal jurisdiction, corporate structure matters, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Managing Aircraft Lease Novations: A Primer

    Patrice Robinet

    With the world’s commercial aviation fleet nearly set to double over the next 15 years, trading activity among lessors is bound to increase. Aircraft lessees will confront ever-increasing requests from lessors to consent to novations of existing leases. Parties to aircraft trade transactions would do well to engage lessees in person early in the process, says Patrice Robinet of Akerman LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor
    Tolin_David.jpg

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.