Commercial Contracts

  • August 11, 2017

    Medical Device Cos. Must Arbitrate IP Dispute, Judge Says

    A Minnesota federal judge on Thursday tossed an intellectual property license dispute between two medical device companies over technology to treat a heart condition, finding that all of the still-live claims must be arbitrated in India.

  • August 11, 2017

    Defense Contractor ADS Settles FCA Suit For $16M

    Virginia-based operational equipment supplier ADS Inc. will pay $16 million to settle False Claims Act allegations it illegally snagged government contracts set aside for small businesses and women- or minority-owned businesses, one of the largest settlements ever obtained for small-business contract fraud, the Department of Justice announced Thursday.

  • August 11, 2017

    Westinghouse Faces Worker Suits Over Nuke Plant Shutdown

    Westinghouse Electric Co. LLC, the contractor behind a canceled project to build two new nuclear reactors in South Carolina, and two of its units were hit with class complaints by former employees who said they lost their jobs without notice.

  • August 11, 2017

    ‘Game Of War’ Maker Pushes To Amend $247M Suit

    Machine Zone fought to amend its $247 million contract suit Friday against a bankrupt data storage center that itself claims the “Game of War” maker stole trade secrets to build its own center, arguing the changes will not impair Machine Zone's adversary in their already "massive bilateral warfare on damages."

  • August 10, 2017

    Breitburn Gets OK To Use DIP Proceeds For Swap Deals

    A New York bankruptcy judge entered an order Wednesday allowing Breitburn Energy Partners LP to enter into swap agreements with its debtor-in-possession lenders and related entities to hedge potential losses from fluctuations in oil and gas prices.

  • August 10, 2017

    Tax Court Approves Lender's $9.5M Bad-Debt Deduction

    A California money lender won the right to a federal tax deduction of $9.5 million in bad-debt losses when the U.S. Tax Court ruled on Thursday that his loans of personal funds constituted a legitimate business and bona fide debts that became worthless during the 2008 economic recession.

  • August 10, 2017

    Judge Halts Disclosure Of Leaked Wells Fargo Customer Data

    In a brusque ruling from the bench, a New York state court judge on Thursday enjoined a former Wells Fargo financial adviser from disseminating further any information that the financial firm inadvertently turned over in response to a subpoena, barking out his order and clearing the well.

  • August 10, 2017

    Oppenheimer Loses $28M FINRA Fight Against Ex-Director

    Oppenheimer & Co. on Wednesday lost its $27.8 million arbitration fight against a former managing director after a Financial Industry Regulatory Authority panel denied the investment bank's claims of breach of contract and unfair competition.

  • August 10, 2017

    Charity Drops Suit Against NFL Over Bowling Event Move

    A nonprofit suing the NFL in Texas federal court over fraud allegations related to the relocation of a charity bowling event from a Las Vegas casino to a smaller establishment said Thursday it will drop its claims against the league.

  • August 10, 2017

    First Eagle Clients Drop $238M Suit Claiming Too-High Fees

    Investors in two funds run by First Eagle Investment Management LLC who accused the adviser of charging $238 million in excess fees every year have given up on their suit after more than a year of discovery, according to papers filed in Delaware federal court on Wednesday.

  • August 10, 2017

    Singapore Court Pauses Chemical Sales Row For Arbitration

    The High Court of Singapore has paused a BASF unit’s $4.8 million suit against a Singaporean commodities trader over sales and purchase contracts for petrochemicals, finding the companies must wait for the result of related arbitration.

  • August 10, 2017

    Petrobras Says Don't Pause $400M Suit For Arbitration

    Petrobras America Inc. and certain underwriters at Lloyd's of London urged a Texas federal court on Wednesday not to send to arbitration their $400 million dispute with Vicinay Cadenas SA over an allegedly defective component used in Petrobras’ offshore oil and gas operations, saying Petrobras never signed the underlying arbitration clause.

  • August 10, 2017

    Rams Ask To Arbitrate Seat Dispute With St. Louis Org.

    The Rams NFL team on Wednesday told a Missouri federal judge that the St. Louis Convention & Visitors Commission must arbitrate a dispute stemming from a proposed class action against the franchise over an alleged breach of personal seat license agreements following the team’s move to Los Angeles.

  • August 10, 2017

    Time-Share Co. Says Atty Induces Owners To Break Contracts

    Time-share company Westgate Resorts Ltd. accused a law firm in Florida federal court Wednesday of fraudulently inducing Westgate time-share owners to stop making payments on their vacation contracts, alleging the firm is earning large prepaid retainer fees without providing any meaningful services because the contracts are legally enforceable.

  • August 10, 2017

    Judge Won't Ax Forbes Award Over Ukrainian Edition

    A New York federal judge on Wednesday denied a pair of companies’ bid to vacate an arbitration award that blocked them from publishing the Ukrainian edition of Forbes, rejecting their contention that the arbitrator acted unfairly by declining to postpone proceedings at certain times.

  • August 10, 2017

    Ex-Ole Miss Coach Can’t Bring Trash Talk Suit In Fed. Court

    A Mississippi federal judge on Wednesday threw out a lawsuit by former University of Mississippi head football coach Houston Nutt over a smear campaign allegedly run against him by the school related to NCAA rule violations, saying the case would be better suited in state court.

  • August 10, 2017

    5th Circ. Upholds Arbitration Order In Nigeria Oil Dispute

    The Fifth Circuit on Wednesday upheld a Texas federal court’s decision to send to arbitration a Nigerian oil company’s $1.6 billion fraud lawsuit against energy giant Chevron, finding that their arbitration agreement falls under an international enforcement treaty, even if all the parties involved might be U.S. entities.

  • August 10, 2017

    5th Circ. Panel Rules In Favor Of Mandatory Class Waiver

    A Fifth Circuit panel on Wednesday found a medical transport service didn’t violate the National Labor Relations Act by forcing employees and job applicants to waive their right to participate in class or collective actions against the company, saying it is bound by its own precedent.

  • August 9, 2017

    7 Drop Paramilitary Funding Claims In Chiquita MDL

    The claims brought by seven relatives of murdered hostages who accused Chiquita of being complicit in their deaths by routinely paying off the right-wing Colombian paramilitary group that killed them are being voluntarily dismissed from a sprawling multidistrict litigation, according to Wednesday filings in Florida federal court.

  • August 9, 2017

    Trading Tech Co. Owes $2.3M For Misusing IP, Jury Holds

    A Colorado federal jury on Wednesday found that a trading software company’s CEO breached a contract to pay an industry-renowned futures trader for the use of his proprietary market indicator formula, and held the company and its CEO owe the author $2.6 million.

Expert Analysis

  • Using The Inevitable Disclosure Doctrine In DTSA Cases

    Robert Duda Jr.

    In its recent decision in Molon Motor & Coil v. Nidec Motor, an Illinois federal court opened the door for applying the inevitable disclosure doctrine to claims under the Defend Trade Secrets Act — at least in the context of a motion to dismiss at the outset of a case, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • CFPB Arbitration Rule Increases Class Action Risk

    Peter Hargitai

    A controversial rule issued by the Consumer Financial Protection Bureau on Monday would make it easier for consumers to bring class action lawsuits against financial companies. However, Congress is empowered to override the rule, say attorneys with Holland & Knight.

  • Employees In All But Name: Where's The Privilege?

    Andrea Reid

    The virtual business model is increasingly replacing traditional corporate structures. Companies working under a virtual business model have fewer bona fide employees, and most core functions are fulfilled by external parties. Andrea Reid and Daniel Roberts of Dechert LLP explore how companies can preserve attorney-client privilege in this evolving and dynamic setting.

  • Blockchain's Potential Role In Admissibility Of Website Docs

    Kelce Wilson

    With a properly capable internet browser, legally significant documents that are found on the internet can be trusted to be intact, and therefore likely have greater evidentiary value — provided they had earlier been registered in the right kind of blockchain, says Kelce Wilson, counsel for Tenet3.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Working Capital True Up Is Not An End Run Around Liability Bar

    Stephen Quinlivan

    In Chicago Bridge & Iron v. Westinghouse Electric Co., the Delaware Supreme Court examined the interaction between a working capital true up and alleged breaches of financial statement representations and warranties in a purchase agreement. The result will likely lead to heated debates between buyers and sellers, says Stephen Quinlivan of Stinson Leonard Street LLP.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.