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Commercial Contracts

  • January 4, 2019

    Ex-Milberg Partner Says Firm Used Reorg To Deny Him $15M

    Class action law firm Milberg LLP engaged in a “fraudulent scheme” to shirk its debts to a disbarred former partner when it reorganized into a new firm last year, according to an action filed in New York state court by a onetime name partner of the legacy firm.

  • January 4, 2019

    FTC Rips Qualcomm's 'No License, No Chips' Practice At Trial

    The Federal Trade Commission on Friday slammed Qualcomm’s purported “no license, no chips” business practice requiring companies like Apple, Samsung and Huawei to license its standard-essential cellphone patents in order to purchase chips, arguing during the first day of a bench trial in Silicon Valley that it violates antitrust laws.

  • January 4, 2019

    Contractor Says Ex-Bloomberg, Turner Execs Killed Business

    Bloomberg LP and Turner Construction owe a drywall company millions after their former executives drove it out of business by rigging bids and blackballing it from their cherry-picked group of interior construction subcontractors, Nastasi & Associates told a New York federal court Thursday.

  • January 4, 2019

    Abiomed Escapes $2.1M Equity Suit Brought By Fired Exec

    A Massachusetts federal judge handed a summary judgment win Friday to medical implant maker Abiomed in a wrongful firing suit, saying a fired executive had not shown the company was "on the brink" of a key regulatory approval in Japan that would have earned him 20,000 performance shares.

  • January 4, 2019

    Frac Sand Co. Says Schlumberger Unit Owes More Than $1M

    Schlumberger Technology Corp. owes more than $1 million to a frac sand company for allegedly breaching an agreement to buy a certain amount of the sand each quarter, according to a lawsuit filed in Texas on Friday.

  • January 4, 2019

    Bankrupt Construction Co.'s Bid To Recoup $108M Bills OK'd

    New York-based construction company Durr Mechanical Construction Inc. received court permission Thursday to pursue about $108.2 million in claims against project owners and an equipment maker as part of the company’s effort to recoup over $122 million in unpaid bills that led it to file for bankruptcy last month.

  • January 4, 2019

    Construction Co. VP's Accounts Frozen In Pa. Skimming Fight

    A Pennsylvania judge on Thursday ordered a freeze on the bank accounts of a vice president for steel building fabrication contractor Rutherford Construction Corp. following allegations by his employer that the man skimmed money and business from the company through an entity he controlled.

  • January 4, 2019

    Sotheby's Real Estate Unit Must Face Ex-Client's Fraud Suit

    A New Jersey state appeals court on Friday revived a consumer fraud lawsuit against a Sotheby's real estate agency and one of its employees by a former client alleging they misrepresented an amusement park worker’s ability to buy a multimillion-dollar property, saying the case was not barred due to prior litigation against the would-be buyer.

  • January 4, 2019

    NY Court Seeks UK's Aid In Bloomberg's Misused Data Suit

    A New York federal judge on Thursday asked an English court for judicial assistance in compelling a London-based company’s cooperation with evidence requests in Bloomberg Finance LP's lawsuit accusing UBS AG of unlawfully redistributing its proprietary data.

  • January 4, 2019

    KKR Affiliate Loans Food Allergy-Focused Biopharma $170M

    An affiliate of private equity giant KKR has agreed to loan Aimmune Therapeutics $170 million to be paid in three separate payments, the food allergy-focused biopharmaceutical company said Friday.

  • January 4, 2019

    Blank Rome Adds 'Storied' Atty To LA Corporate Group

    Blank Rome LLP announced Thursday it is expanding its corporate group by adding as partner to its Los Angeles office a former Carlsmith Ball LLP partner, whose career as adviser encompasses international and cross-border transactional issues across a myriad of industries.

  • January 4, 2019

    Ukrainian Co. Appeals OK Of Carpatsky's $147M Award

    A Ukrainian company on Thursday appealed to the Fifth Circuit, seeking to overturn a December ruling that finalized the confirmation of a $147 million arbitration award issued in favor of U.S.-based Carpatsky Petroleum Corp. in a dispute over a soured oil and gas development deal.

  • January 3, 2019

    GE Unit To Seek High Court Ruling In $45M Faulty Motor Row

    A French unit of General Electric Co. will be asking the U.S. Supreme Court to weigh in on an Eleventh Circuit decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' multimillion-dollar dispute over allegedly faulty motors, according to documents filed in an Alabama federal court on Wednesday.

  • January 3, 2019

    Chancery Nixes Venue Move For Manatt-LiveXLive Stock Suit

    A Manatt Phelps & Phillips LLP suit to lift sale restrictions on securities taken in lieu of payment for legal services will go forward in Delaware Chancery Court after a vice chancellor declined Thursday to dismiss the case in favor of a separate, earlier California action.

  • January 3, 2019

    Arent Fox Nabs 7 Kay & Merkle Attys In San Francisco

    A group of seven Kay & Merkle attorneys, including the firm's two founders, rang in the new year by joining Arent Fox LLP’s fast-growing San Francisco office, bolstering its real estate, automotive and sports practices, the firm announced Thursday.

  • January 3, 2019

    Wind Farm Exec Can't Ditch Suit Over Secret Recording

    A California appeals court on Thursday rejected a bid by a wind farm executive to toss a suit against him for allegedly secretly recording a business associate, deciding that the action was not part of a protected judicial activity that might block the claims.

  • January 3, 2019

    UAW Sues GM For Using Temps Over Laid-Off Workers In Ind.

    United Auto Workers filed suit against General Motors in Ohio federal court on Wednesday, accusing the automaker of breaching labor contract provisions by continuing to employ temporary workers at its Fort Wayne assembly plant in Indiana instead of transferring in laid-off workers.

  • January 3, 2019

    Wells Fargo Can’t Dodge Advisers' OT Class Arbitration

    A New York federal judge on Wednesday rejected a bid by Wells Fargo Advisors LLC to undo an arbitrator’s decision letting financial advisers pursue class arbitration of their unpaid overtime claims, saying the bank chose the binding arbitration process and must now live with the result.

  • January 3, 2019

    GE Units Say Arbitrator Must Weigh In On $500M LNG Dispute

    Two GE units continued to urge a New York federal court to toss a Luxembourg company’s bid to compel arbitration of $500 million in claims related to alleged breaches of contracts to sell and service liquefied natural gas plants, saying Wednesday that an arbitrator must first determine if the claims are arbitrable.

  • January 3, 2019

    Calif. Panel Sends Packing Workers' Claims To Arbitration

    A California appeals court ruled Thursday that a temporary staffing agency and produce company could enforce an arbitration agreement against two workers claiming they were shorted on pay and breaks, even though the staffing agency wasn’t named as a defendant in the suit.

Expert Analysis

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • When International Arbitration Becomes Domestic

    Claudia Salomon

    Many global companies prefer to enter into contracts with foreign counterparties through a locally incorporated affiliate. This approach might help streamline business relationships and confer certain tax advantages, but the validity of the arbitration clauses in such contracts rarely has been tested, say Claudia Salomon and Irina Sivachenko of Latham & Watkins LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • 3 Takeaways From Google’s Harassment Policy Overhaul

    Nisha Verma

    In the wake of the #MeToo movement, Google’s recent changes to its sexual harassment policy are notable because they highlight employers’ ability to innovate while taking measures to comply with California law, say Nisha Verma and Jessica Linehan of Dorsey & Whitney LLP.

  • New Construction Trends And Their Impact On Contracts

    Joanna Horsnail

    Trends and technologies such as performance-based and resilience-oriented design, modular construction, and the use of drones are changing complex construction and engineering projects — and will require careful consideration and analysis during project negotiation and contracting, say attorneys with Mayer Brown LLP and engineers with Exponent Inc.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • AAA Arbitration: An Overview For Employment Lawyers

    Excerpt from Lexis Practice Advisor
    Julia Jordan

    Julia Jordan and Christina Andersen of Sullivan & Cromwell LLP provide guidance on arbitrating employment-related disputes before the American Arbitration Association and summarize what practitioners might expect during various aspects of the process.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.