We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Commercial Contracts

  • October 9, 2018

    Uber, Drivers' $345K Pay Deal Receives First OK

    A California federal judge on Tuesday tentatively signed off on a nearly $350,000 deal in a class action claiming Uber denied drivers their fair share of riders' payments after the parties tweaked a claims release.

  • October 9, 2018

    Family Of Deceased Trucker Can Sue Missouri Co. In Mass.

    A federal judge subjected Missouri-based New Prime Inc. to Massachusetts’ long-arm statute Tuesday, ensuring the company must face a lawsuit in Massachusetts from the family of a truck driver who was killed after his instructor drove them into another vehicle.

  • October 9, 2018

    5th Circ. Sides With Kiewit In $9.5M Drilling Contract Row

    The Fifth Circuit on Monday upheld a ruling in favor of fabricator Kiewit Offshore Services Ltd. in its nearly $9.5 million payments dispute with Dresser-Rand Global Services Inc. over their contract for a pair of compression modules to be used on a Gulf of Mexico offshore oil-drilling platform.

  • October 9, 2018

    Congress Told Satellite Retransmission Act Should Expire

    The National Association of Broadcasters has urged Congress not to renew legislation that allows satellite companies to transmit out-of-market TV stations into a local market, saying the legislation unfairly benefits the companies and hurts consumers by denying them important local news and charging them higher prices.

  • October 9, 2018

    Greek Mining Co. Owes Tax For $4M Spinoff, DC Circ. Hears

    A U.S. tax judge improperly applied a Treasury regulation when he ruled that a Greek mining company did not owe U.S. taxes on roughly $4 million in gains from its sale of holdings in a Pennsylvania-based magnesite producer and distributor, the Internal Revenue Service said Tuesday before a D.C. Circuit panel.

  • October 9, 2018

    Factory Ordered Sold In Groundbreaking Merger Breakup

    A factory that makes interior door covers must be sold to restore competition after a rival became the first private company to successfully challenge a merger under the Clayton Act without government help and reach a jury verdict, a Virginia federal judge held Friday.

  • October 9, 2018

    Shipping Co. Says Wage Laws Don't Make Drivers Employees

    A shipping company asked a Massachusetts federal judge Tuesday for a win in a class action brought by a group of delivery drivers seeking to be treated as employees, saying state wage laws do not provide a basis for overriding an agreement between the parties that classifies the drivers as independent contractors.

  • October 9, 2018

    Apple Opposes Qualcomm's Dismissal Bid In Patent Fight

    Apple asked a California federal court to deny Qualcomm’s bid to dismiss portions of a sweeping patent case, saying the chipmaker's promise not to sue over nine patents does not address other claims at issue in the dispute.

  • October 9, 2018

    Pittsburgh Housing Authority Looks To Can Artist's Mural Suit

    A Pittsburgh mural artist can’t show that his work was recognized and important enough to be protected by federal law from removal for redevelopment projects, the city’s housing authority said in a filing Monday in Pennsylvania federal court.

  • October 9, 2018

    Loan Class Suit Revived With Instructions To Mull NJ Ties

    A New Jersey state appeals court revived a proposed class action challenging interest charged on car title loans, ruling Tuesday that a lower court tossed the case for jurisdictional purposes before considering new evidence that could support the Garden State’s connection to the matter.

  • October 9, 2018

    'Vogue' Producer Must Cover WB For IP Suit, 2nd Circ. Told

    WB Music Corp. has urged the Second Circuit to affirm a lower court’s decision to toss producer Shep Pettibone’s breach of contract suit alleging that the music company owed him more than $500,000 in royalties it withheld to cover copyright litigation over Madonna’s “Vogue,” saying their underlying contract plainly requires him to indemnify the music company for the suit.

  • October 9, 2018

    Ill. Atty Accused Of Defaming EB-5 Fund To Chinese Investors

    The U.S. Immigration Fund LLC has sued an Illinois attorney, his business partner and a Hong Kong consulting firm for fraud and defamation in New York state court, alleging they defrauded the EB-5 center out of millions by making false statements about the center to Chinese investors seeking EB-5 visas and inducing them to withdraw their capital from the fund.

  • October 9, 2018

    Justices Won't Review Objection To Samson Resources Ch. 11

    The U.S. Supreme Court on Tuesday refused to second-guess a Third Circuit opinion affirming the dismissal of an untimely appeal of a bankruptcy court order authorizing Samson Resources Corp. to sell its interest in the oil and gas lease governing a well in Louisiana as part of the company’s Chapter 11 reorganization.

  • October 9, 2018

    Pirates' Net Installer Can't Escape Foul Ball Injury Suit

    The company that sold and installed the net behind home plate at the Pittsburgh Pirates' PNC Park was denied a way out of a patron’s injury lawsuit Tuesday, when a state judge rejected arguments that the team should have known the net would stretch and deflect.

  • October 5, 2018

    Kossoff & Kossoff Accused In $100M Accounting Cover-Up

    The Chapter 11 trustee for industrial staffing agency Corporate Resource Services Inc. has hit Kossoff & Kossoff LLP with a malpractice suit that claims the accounting firm helped cover up $100 million in unpaid tax liabilities that ultimately brought down CRS.

  • October 5, 2018

    Mercedes Drivers Seek Early Win In Transmission Defect Suit

    Two drivers suing Mercedes-Benz USA LLC in a proposed class action over faulty transmissions have asked a federal judge in California to find the company liable before trial, arguing the company’s own honored warranties prove it took blame for the defect.

  • October 5, 2018

    Tilton Loses Bid To Seal Tax Documents On Appeal

    A New York appeals court has rejected a bid by Lynn Tilton and her company Patriarch Management to keep certain tax and financial information private in their dispute with a German lender.

  • October 5, 2018

    Calif. Tribe Members Can't Ax $5M Casino Project Fraud Suit

    A California federal judge nixed an attempt by members of the Pinoleville Pomo Nation to dismiss JW Gaming Development LLC’s suit accusing them of luring the company into investing $5.38 million in a fraudulent casino project, ruling Friday that the defendants are not entitled to sovereign immunity.

  • October 5, 2018

    Shipping Co. Must Pay $49M For Copycat Container Designs

    A Texas state court has awarded SandBox Logistics LLC more than $49.2 million and all the shipping containers manufactured by a rival company after finding its CEO violated a nondisclosure agreement and created copycat containers, but the rival company has pledged to appeal.

  • October 5, 2018

    Ala. Justices Say Nursing Home Can’t Arbitrate Death Suit

    The Alabama Supreme Court on Friday reversed a trial judge’s decision to send to arbitration a wrongful death suit against a nursing home, saying the patient was incapacitated and unable to confer legal authority to his daughter when she signed the arbitration agreement on his behalf.

Expert Analysis

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Cos. Caught Between Iran Sanctions And EU Blocking Statute

    Guy Soussan

    In response to the reimposition of U.S. sanctions against Iran, the European Union has expanded the scope of its blocking statute to prohibit EU and multinational companies from complying with these sanctions. But the blocking statute does not apply if a decision to terminate business with Iran is for reasons unrelated to sanctions, which gives companies some flexibility, say attorneys with Steptoe & Johnson LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • The REIT Take-Private Process: Trends And Considerations

    Spencer Johnson

    Current market conditions have set the stage for a wave of real estate investment trust public-to-private transactions. While there is no one-size-fits-all process, attorneys with King & Spalding LLP look at some common ways these deals are being initiated and negotiated today.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • The Challenges Of Valuing Litigation-Driven Equities

    Alexander Berger

    Many eyes are on the Delaware Chancery Court to see whether it will compel Fresenius to close on a $4.5 billion acquisition of Akorn. The case, which completed post-trial briefing last week, presents an interesting question about the meaning of stock price as evidence in litigation, say Alexander Berger, an investment consultant, and J.B. Heaton, a lecturer at the University of Chicago Law School.