Commercial Contracts

  • June 14, 2017

    Uber Arbitration Pacts Misled Workers, NLRB Judge Says

    A National Labor Relations Board judge ordered Uber Technologies Inc. on Tuesday to either revoke or revise a dispute resolution agreement signed by its software engineers, saying the agreement doesn’t clearly inform employees of their rights to file unfair labor charges with the labor board.

  • June 14, 2017

    Safeway Tells 9th Circ. Online Prices Didn't Flout Terms

    Safeway has asked a Ninth Circuit panel to reverse a finding that it is liable for $42 million in a class action brought by customers claiming they were overcharged for online orders, arguing the advertising promises it allegedly broke were not in its contract with online shoppers.

  • June 14, 2017

    9th Circ. Won't Take On Costs Order In Shipping Row

    The Ninth Circuit on Tuesday declined to weigh in on a California magistrate judge’s order for an energy company to post costs relating to a ship it had detained as part of its efforts to secure a potential arbitral award against the ship’s Taiwan-based owner.

  • June 14, 2017

    Texas Court Says Oil, Gas Lease Too Vague To Stand

    A Texas appellate court on Tuesday held that Cabot Oil & Gas Corp.’s attempt to reserve an interest in an oil and gas lease was too vague to be upheld, because it referred to a 160-acre unit but did not define the unit’s boundaries.

  • June 14, 2017

    Calif. Lawyers Assoc. Sues Members Over Leaked Files

    The California Employment Lawyers Association has filed suit in California state court against unknown parties believed to have leaked confidential materials to nonmembers outside the organization.

  • June 14, 2017

    Intel Owes $100M For Faulty Chips, Smartphone Maker Says

    Intel Corp. intentionally sold Qbex Computadores SA faulty microprocessors that compromised the electronics company's reputation and cost it $100 million when its smartphones began to overheat and explode, according to a complaint filed in California federal court on Tuesday.

  • June 14, 2017

    Tribe Doubles Down On Bid To Duck Casino Management Suit

    The Picayune Rancheria of Chukchansi Indians on Tuesday doubled down on its bid to toss a casino management company's suit alleging that it lost $21 million when the tribe didn’t follow through on a management contract for the tribe’s casino, saying that its sovereign immunity bars the court from having jurisdiction.

  • June 14, 2017

    Snap Seeks Arbitration For Ex-Employee's Whistleblower Suit

    Snapchat maker Snap Inc. urged a California federal court on Tuesday to send a former employee’s whistleblower suit to arbitration, saying that his complaints have been “larded up” with false allegations about faulty user metrics and other abusive practices in an effort to pressure the company into settling.

  • June 14, 2017

    Plaintiffs Bar Perspective: McKool Smith's Courtney Tippett

    Sometimes, defense teams use hardball litigation tactics like not producing discovery documents in a timely manner or submitting overly broad requests for irrelevant information. However, the shear act of a delay is not going to change the outcome, says Courtney Statfeld Tippett of McKool Smith PC.

  • June 13, 2017

    Norwegian Investor Beats Deutsche’s NY Bid To Collect $369M

    A Manhattan judge rejected an effort by Deutsche Bank on Monday to stretch its $369 million judgment against Norwegian investor Alexander Vik’s offshore fund Sebastian Holdings Inc. to apply to Vik, his father and another company where he allegedly stashed SHI’s assets, saying the transfers didn’t have a solid enough tie to New York for the case to survive.

  • June 13, 2017

    FedEx Wage Settlement Objectors Lose Bid For Fees

    An Indiana federal judge refused to award nearly $400,000 in attorneys’ fees to a group of FedEx drivers who objected to a roughly $25 million deal settling claims that they were misclassified as independent contractors and underpaid, saying the objectors’ conduct was “vexatious” and didn’t change the outcome.

  • June 13, 2017

    Paintball Seller Escapes Bid To Arbitrate Payment Spat

    A New Jersey federal judge declined Monday to force a Hong Kong-based export and wholesale company to arbitrate its claims that a New Jersey sporting goods company owes it more than $100,000 for paintball supplies, saying the evidence presented so far sheds doubt on the validity of an arbitration agreement.

  • June 13, 2017

    Steel Cos. Supplier Wants Rethink Of Noncompete Case

    A steel industry supplier asked the full D.C. Circuit Monday to rethink a decision that it illegally began forcing new hires to sign noncompete agreements without first bargaining with a union over the policy, saying the ruling flouts U.S. Supreme Court precedent.

  • June 13, 2017

    Suit Against Wrong Artist Was No Accident, Judge Hears

    It “wasn’t an accident” that a lawyer who filed a lawsuit over a painting's origins did not fully investigate a client's claims before proceeding to trial, attorneys for a famous artist cleared of creating the painting argued Tuesday while pressing for sanctions against the plaintiffs.

  • June 13, 2017

    Pa. Appeals Court Affirms $20M Award In Golf Course Row

    A $20 million jury verdict in favor of a country club management company in a fight with a real estate developer will stand after a Pennsylvania state appellate court decided Tuesday that the developer hadn’t been able to establish that its contract with the company was “unambiguous” or that the award was too high.

  • June 13, 2017

    Calif. IT Co. Says Pakistani Partner Can’t Avoid Arbitration

    A California-based information technology company asked a federal court Monday to compel a Pakistani company to arbitrate a trade secrets dispute stemming from the parties’ customer service contract, arguing the company is trying to dodge the contract’s terms by launching a related $64 million suit in its home country.

  • June 13, 2017

    Witness In $25M Med Device Trial Gets 15 Months For Lying

    A witness who later admitted he’d lied under oath as part of a $25 million trade secrets trial against a medical device manufacturer in the Eastern District of Texas was sentenced Tuesday to 15 months in federal prison for perjury.

  • June 13, 2017

    Plaintiffs' Attys Escape Geico's Trade Secrets Suit

    Two plaintiffs' attorneys on Tuesday escaped a Pennsylvania federal court trade secrets suit in which insurer Geico alleged they obtained confidential information during a putative class action and tried to use it to get an advantage in a similar suit against Geico rival United Services Automobile Association.

  • June 13, 2017

    Moldova Says It's Not On The Hook For $27.5M Judgment

    Moldova urged the Second Circuit on Monday to overturn a nearly $27.5 million default judgment against it following an arbitration over natural gas supply contracts, arguing that the court lacks jurisdiction over the country because it is a foreign sovereign.

  • June 13, 2017

    Ex-Herrick Feinstein Atty Pleads Guilty To Tax Evasion

    A former Herrick Feinstein LLP tax partner and a Florida accountant have pled guilty to tax crimes in a case accusing both men of diverting more than $3 million in fees meant for Herrick Feinstein, lining their own pockets with it and hiding the income from the IRS, acting U.S. Attorney Joon H. Kim announced Monday.

Expert Analysis

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • 5 Things Employers Must Do When A Key Employee Leaves

    Lariza Hebert

    When a top salesman or other key employee leaves, employers sometimes become frazzled and neglect to take steps to preserve and protect confidential information. However, by instituting five simple steps, employers and their counsel can ensure they preserve and protect confidential information when the top dog decides to depart, says Lariza Herbert of Fisher Phillips.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Post-Closing Liability Risks For Private Equity Firms

    Sara Duran

    Despite thoughtful negotiations, private equity firms selling portfolio companies can have direct post-closing liability. Sara Duran and Sacha Jamal of Sidley Austin LLP look at one example — fraud-in-the-inducement claims — through the lens of the Delaware Superior Court’s recent decision in ITW Global Investments v. American Industrial Partners.

  • In New York Lending Agreements, The Contract Rules

    Richard H. Epstein

    In some states, borrowers may invoke the “implied covenant of good faith and fair dealing” to circumvent certain express loan terms. The recent decision in Transit Funding Associates v. Capital One Equipment Finance made clear that such arguments will be rejected by New York’s First Department, says Richard Epstein of Sills Cummis & Gross PC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.