Commercial Contracts

  • January 3, 2018

    Texas Appeals Court Tosses $2.9M Judgment Against Oil Cos.

    A Texas state appeals court on Wednesday tossed a $2.9 million default judgment against two oil and gas exploration companies and a holding company, finding that they were never properly served with the complaint or notices of default in the underlying breach of contract lawsuit.

  • January 3, 2018

    7th Circ. Revives Transporter's Suit Over Ind. Liquor Laws

    The Seventh Circuit on Tuesday revived an Indiana alcohol transporter’s suit challenging the state tobacco and alcohol regulator’s concerns over a proposed distribution relationship with a state liquor wholesaler, saying a recent Indiana high court ruling and the potential for prosecution against the transporter make its claims ripe for consideration.

  • January 3, 2018

    Toisa's $42.5M Bankruptcy Deal With Hyundai Approved

    A New York bankruptcy judge signed an order Tuesday approving a settlement between Toisa Ltd. and Hyundai Heavy Industries Co. that resolves a shipbuilding dispute and adds $42.5 million to the shipping company's bankrupt estate, which is looking to negotiate a Chapter 11 exit plan in the near term.

  • January 3, 2018

    Israeli Court Nixes OK Of Award In Real Estate Row

    Israel's top court has nixed a confirmation proceeding to enforce an Israeli investor's roughly $500,000 award following a dispute with a Florida-based developer concerning a German real estate project, a ruling the developer's lawyer said effectively makes the underlying arbitration clause unenforceable.

  • January 3, 2018

    Water Chemicals Exec Cops To Bid-Rigging Scheme In NJ

    A former water treatment chemicals executive on Wednesday admitted to his role in a bid-rigging scheme that eliminated competition for sales of a chemical used by municipalities and pulp and paper companies throughout the United States, according to federal prosecutors.

  • January 3, 2018

    Rams Stadium Partner Looks To Dodge Doc Bid In Seat Fight

    Legends Hospitality, which is selling suites and sponsorships for the new Los Angeles Rams stadium, has fired back at an allegedly duplicative request for additional documents in the suit brought by a class of Rams fans whose season tickets were canceled when the NFL team relocated from St. Louis.

  • January 3, 2018

    Calif. Justices Consider Anti-SLAPP Limits In Contract Row

    The California Supreme Court questioned Wednesday whether defendants in a real estate contract fight waited too long to bring their first anti-SLAPP motion only after the plaintiff thrice amended its complaint, with the justices wondering whether that ran counter to the law’s goal of ending frivolous litigation quickly.

  • January 3, 2018

    Cargill Holds On To $6.7M Win In Mexican Hotel Dispute

    A Cargill Inc. subsidiary on Tuesday further cemented a $6.7 million arbitration win against its partner in a soured Mexican hotel venture, with a New York appeals court rejecting arguments that Cargill improperly tried to influence the arbitration proceedings.

  • January 3, 2018

    Mobile Ad Co. Says Uber Rewriting History To Ditch $20M Bill

    A mobile advertising company that was blamed by Uber Technologies Inc. for failing to stop ad fraud sued the ride-hailing service in California federal court on Tuesday, accusing it of ignoring warnings and then revising history to avoid paying some $20 million in bills.

  • January 3, 2018

    JPMorgan Sues Patent Firm In Del. For $69M Refund

    JPMorgan Chase sued directors of patent licensing firm DataTreasury Corp. in Delaware Chancery Court late Tuesday over an alleged "deliberate plan to drain the company of revenue" to foil the bank's collection of a $69 million patent royalty refund.

  • January 3, 2018

    Alissa Starzak Talks Net Neutrality, US Army, Leap To Startup

    Cloudflare Inc.'s Alissa Starzak discusses her former role as general counsel for the U.S. Army and the lengthy confirmation process leading up to it, as well as her present work in the private sector and views of net neutrality.

  • January 3, 2018

    Robins Kaplan Adds Ex-Anderson Kill Litigator In NY

    Robins Kaplan LLP on Wednesday announced it has hired a New York trial lawyer as a partner from Anderson Kill PC, bringing on board an experienced commercial litigator known for his unique legal strategies and extensive courtroom work.

  • January 3, 2018

    3rd Circ. Rules Against Crystallex In $1.4B Enforcement Suit

    The Third Circuit concluded Wednesday that a Delaware subsidiary of Venezuela's national oil company could not be sued by Canadian gold producer Crystallex International Corp. for allegedly orchestrating fraudulent transfers so Venezuela could avoid paying a $1.39 billion arbitration award.

  • January 2, 2018

    Airbnb Escapes Landlord's Suit Over Rowdy Guests

    A California federal judge on Friday shut the door on corporate apartment landlord Aimco’s suit over allegedly rowdy Airbnb guests the company said are costing residential buildings money and disturbing residents, finding that Airbnb was immune to the claims.

  • January 2, 2018

    Medical E-Records Co. Files $30M Suit Against Rival

    Electronic medical records company Kipu Systems filed a $30 million lawsuit against rival ZenCharts LLC on Tuesday, claiming ZenCharts completely ripped off its proprietary cloud-based medical record system designed specifically for drug and alcohol addiction treatment centers.

  • January 2, 2018

    Total, CNPC Awarded $13.7M In Tajikistan Oil Project Row

    An international tribunal has ordered a Tethys Petroleum subsidiary to pay Total E&P Tajikistan B.V. and CNPC Central Asia B.V. $13.7 million for violating a joint operating agreement pertaining to oil and gas exploration and production rights in Tajikistan.

  • January 2, 2018

    La-Z-Boy Reaches $13.5M Settlement In Footrest Patent Case

    More than six months after a Florida federal judge denied La-Z-Boy a new trial following a $6 million verdict against it for failing to pay an automated footrest inventor royalties for using its patented technology, the furniture company has agreed to settle the case for $13.5 million.

  • January 2, 2018

    Cumulus Host Can't Shake $1.7M Verdict In Overpayment Row

    A Texas federal judge on Friday rejected radio host Michael Baisden’s bid to escape a jury’s finding that he was overpaid by a Cumulus Media unit and owes $1.7 million in damages, finding he was just replaying previously rejected arguments about his contract.

  • January 2, 2018

    PGA Tour Won't Drop Effort To Avoid Deer Antler Spray Case

    The PGA Tour is appealing a New York judge’s ruling to sustain a lawsuit by former No.1 ranked professional golfer Vijay Singh alleging the tour harmed his reputation by trying to punish him for purportedly using illicit performance-enhancing substance deer antler spray, despite Singh’s claims that the tour is dragging out his now nearly five-year-old case with “frivolous” arguments.

  • January 2, 2018

    Sloan Kettering Gets Trimmed Fees In IP Fight

    A New York federal judge ordered Errant Gene Therapeutics LLC to pay the Sloan Kettering Institute for Cancer Research $88,339 in attorneys’ fees Tuesday after the biopharmaceutical company was sanctioned for using protected information from a gene therapy patent rights case in other suits.

Expert Analysis

  • Opinion

    Calif. Law Should Lead The Way For Consumer Protection

    Brian Kabateck

    Following the recent repeal of the Consumer Financial Protection Bureau’s arbitration rule, the scales of justice are now tipped in favor of bankers and big business. However, state lawmakers, lawyers and consumer advocates in California are leading the nation in cracking down on financial fraud, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • The Aftermath Of Impression Products V. Lexmark

    Brian Kacedon

    Following the U.S. Supreme Court's May decision in Impression Products v. Lexmark, the patent exhaustion landscape is likely to be shaped by two issues: When is a transaction properly viewed as a license rather than a sale, and are licenses attached to the product on sale enforceable? Answers might be gleaned from existing case law, say Brian Kacedon and Kevin Rodkey of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Series

    What I Learned In My 1st Year: Get Real, But Get It Right

    Dawn Reddy Solowey

    At my first job out of law school, I handled prepublication review of stories for local TV news and newspapers. With little time for legal research, I had to know the rules cold, how to apply them, and how to make judgment calls when the answer was more gray than black or white, says Dawn Reddy Solowey of Seyfarth Shaw LLP.

  • The Future Of NAFTA May Be Up To Congress

    R. Kevin Williams

    The North American Free Trade Agreement is not a conventional treaty. A president may decide to withdraw from NAFTA, but this choice may be meaningless unless Congress repeals the implementing legislation, says R. Kevin Williams of Clark Hill PLC.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • 4 Liquidated Damage Provision Drafting Mistakes To Avoid

    Shepard Davidson

    When drafting a contract, thinking like a litigator can help you avoid land mines that you might otherwise be unaware of. Even though the liquidated damage provision may be tried and true, it can still be vulnerable in a variety of ways, say Shepard Davidson and Kelly Kirby of Burns & Levinson LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.