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Commercial Contracts

  • October 2, 2018

    Judge Scolds JPMorgan, Traders For 'Excessive' Redactions

    A New York federal judge has ordered both sides in a $25 million competition suit against JPMorgan Chase & Co. to refile their motions over what evidence to allow at trial without the “extremely excessive” redactions, saying that by his estimation, up to 90 percent of the redacted information should not have been concealed.

  • October 2, 2018

    Cybersecurity Co. Can't Force Arbitration Of NJ Bias Claims

    A New Jersey state appeals court on Tuesday revived a sexual harassment and gender discrimination suit against a cybersecurity business brought by a former sales associate, saying an arbitration agreement did not notify her that she was waiving the right to pursue a claim in court or go before a jury.

  • October 2, 2018

    Boeing Tries To Cut Lost Profits Claims In $1.3B Deal Row

    The Boeing Co. has urged an Alabama federal court to find that Alabama Aircraft Industries can’t pursue lost-profits damages in its suit alleging Boeing cut it out of a $1.3 billion U.S. Air Force deal, while the now-bankrupt AAI argued the parties’ agreement doesn’t bar such recovery.

  • October 2, 2018

    Gas Cos.’ Briefs Can't Replace Post-Trial Motions For Appeal

    Three Pennsylvania gas station companies’ briefs were no substitute for post-trial motions when it came to preserving matters for an appeal in a lawsuit over unpaid bills for uniforms and supplies, the Superior Court of Pennsylvania ruled Tuesday.

  • October 2, 2018

    NDA Doesn't Bar Info From 3D Printer's Patent App: 7th Circ.

    A company that develops 3D printing processes did not violate a non-disclosure agreement when it included information about a specific polymer in a patent application, because the agreement carved out exactly that scenario, the Seventh Circuit said Monday.

  • October 2, 2018

    Fed. Circ. Nixes PTAB Remand In Settled Eye Drug Case

    In a move described as atypical, the Federal Circuit on Tuesday partially tossed a Patent Trial and Appeal Board decision upholding a Paragon BioTeck eye solution patent challenged by Altaire Pharmaceuticals Inc., in light of a settlement reached between the drugmakers.

  • October 2, 2018

    New York City Wins 'Tavern on the Green' Trademark Fight

    The City of New York has won a long-running trademark dispute over the iconic Central Park restaurant Tavern on the Green, preventing the landmark’s former operator from continuing to use the name.

  • October 1, 2018

    Napoli, Firms Say Asbestos Fee Agreements Violate NY Ethics

    New York plaintiffs lawyer Paul Napoli and others connected to a now-defunct firm he co-founded asked a Maryland federal judge to rule against a Baltimore attorney in a dispute over unpaid fees in asbestos cases, saying the fee-splitting agreements she made with the defunct firm are barred by New York ethics rules.  

  • October 1, 2018

    Weinstein Not Covered For Sex Abuse Suits, Travelers Says

    Travelers on Friday asked a New York court to rule it doesn’t have to defend or indemnify Harvey Weinstein in a host of lawsuits alleging the Hollywood mogul sexually harassed or assaulted women, saying Weinstein doesn’t qualify as an insured under 10 policies issued to The Walt Disney Co. and that even if he did, multiple exclusions would bar coverage.

  • October 1, 2018

    Apple's Stand On FRAND Claims Disingenuous: Qualcomm

    Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.

  • October 1, 2018

    Bail For Hong Kong Doc To Be Revisited Ahead Of FCPA Trial

    Prosecutors seeking to convict a physician from Hong Kong of bribing African officials for favors in the energy and banking sectors said Friday he remains a flight risk and should stay jailed, after the quiet dismissal of his co-defendant ahead of a Nov. 5 trial caused a Manhattan judge to agree to revisit the question of bail.

  • October 1, 2018

    Ex-Philly Retail Exec Says Partner Reneged On $7M Exit Deal

    A former co-owner of the landmark Philadelphia luxury retailer Boyds is accusing his brother-in-law and former business partner of reneging on a $7 million contract governing his retirement from the company following a fight outside a popular cheesesteak stand.

  • October 1, 2018

    Domino's Isn't Joint Employer In Wage Dispute, Judge Rules

    Domino's Pizza Inc. won’t have to face claims that it flouted federal and state labor laws by allowing franchisees to short employees on wages, after a New York federal judge ruled that the company wasn’t a joint employer to the workers.

  • October 1, 2018

    Justices Pass On Decadeslong Radio License Transfer Fight

    The U.S. Supreme Court on Monday chose not to hear a California broadcaster’s decadeslong challenge to block a license transfer, leaving in place a D.C. Circuit decision that upholds a sales agreement between the broadcaster and Entercom.

  • October 1, 2018

    Ex-LeClairRyan Atty Wants $1M Arbitral Win OK'd In Bias Case

    A former LeClairRyan attorney urged a Virginia federal court Monday to confirm an arbitration award for just more than $1 million in damages and attorneys' fees and costs in her gender discrimination lawsuit.

  • October 1, 2018

    High Court Passes On Noble-Conoco Row Over $63M Cleanup

    The U.S. Supreme Court on Monday declined to review a 2017 Texas Supreme Court ruling saying Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs.

  • October 1, 2018

    Dollar Rent A Car Beats Class Action Over Toll Fees

    A Florida federal judge has dismissed a proposed class action alleging Dollar Rent A Car deceived consumers regarding an “administrative fee” for each electronic road toll incurred by drivers who opt not to buy a toll package at the start of their contract.

  • October 1, 2018

    Theater Monopoly Suit Proceeds, But Parent Co. Escapes

    The show will go on for several small cinemas that accuse a national theater chain of monopolizing independent films and strangling their business, but the chain's corporate owner will get out of the case, a D.C. federal judge ruled Friday.

  • October 1, 2018

    Rams Owner Says Stolen Docs Should Kill Aerial Camera Suit

    Los Angeles Rams owner Stan Kroenke's entertainment holding company has moved to shut down a suit brought by the former president of two aerial camera companies Kroenke bought, telling a Texas federal court the plaintiff stole documents to support his suit before he was fired.

  • October 1, 2018

    Chancery Lets Fresenius Ditch $4.3B Akorn Deal

    Pharmaceutical company Fresenius Kabi AG can walk away from its proposed $4.3 billion acquisition of Akorn Inc., a Delaware Chancery judge determined Monday, saying regulatory compliance issues at Akorn triggered the buyer's rights to terminate the merger.

Expert Analysis

  • 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.

  • Common Offsite Problems Arising From Triple-Net Leases

    Andrew Hodgson

    In the past few years, landlords, investors and developers have shown increased interest in triple-net ground leases of peripheral properties surrounding retail centers. However, they should consider the issues that can pop up when a ground leased parcel is part of a larger commercial development, says Andrew Hodgson of Husch Blackwell LLP.

  • LLC Derivative Claims In The Wake Of Wenske

    Adrienne B. Koch

    Many limited liability companies are formed in Delaware because of the state’s well-developed and business-friendly law in this area. But a recent decision in Wenske v. Blue Bell Creameries highlights the level of care with which an LLC's governing agreement must be drafted in order to maximize these ostensible advantages, says Adrienne B. Koch of Katsky Korins LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • What White V. Commissioner Says About Partnerships

    Mark Leeds

    The question as to when a person is receiving a share of partnership income or compensation continues to be a vexing issue. It is valuable to consider the U.S. Tax Court's recent holding in White v. Commissioner in the context of the relatively developed body of law to see how private funds can better structure carried interests and management fee waivers, say Mark Leeds and Guoyu Tao of Mayer Brown LLP.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • 2 Door Makers And The Gutting Of Pre-Merger Clearance

    Derek Dahlgren

    The Eastern District of Virginia is poised to render a decision in Steves & Sons v. Jeld-Wen that may run into the U.S. Supreme Court’s concerns regarding belated challenges to mergers, as well as potentially create uncertainty in the value of pre-merger clearance under the Hart-Scott-Rodino Act, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.