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Commercial Contracts

  • August 7, 2018

    DC Circ. Keeps Helmerich Unit Out Of Rig Seizure Suit

    The D.C. Circuit on Tuesday affirmed a decision cutting Helmerich & Payne Inc.'s Venezuelan unit from a suit accusing the South American nation of illegally seizing the company’s drilling rigs, after the U.S. Supreme Court ruled that expropriation claims need to clear a high bar in order to be heard by U.S. courts.

  • August 7, 2018

    Scientist Ducks Prison In Medical Device Bribery Scheme

    A scientist who formerly worked for a medical device company dodged a prison term Tuesday in New Jersey federal court for accepting bribes to help secure a contract between the business and another company, with a judge finding that he had used his talent to “better the world through improvements in medical devices.”

  • August 6, 2018

    Atty Asks Judge To Rethink Cert. Bid In PACER Fee Row

    A lawyer accusing the federal government of improperly charging people to access judges’ opinions in the Public Access to Court Electronic Records system urged a Florida federal judge Monday to reconsider his previous denial of class certification, arguing the government’s supposedly subjective definition of “opinion” shouldn’t preclude his suit.

  • August 6, 2018

    Del. Ch. 11 Court OKs Hearing On Weinstein Contract Rules

    Over objections from at least 15 entertainment industry figures, a Delaware bankruptcy judge on Monday scheduled a hearing on streamlined procedures for rejecting or handing off eligible contracts from The Weinstein Co. to buyer Lantern Entertainment LLC.

  • August 6, 2018

    Ex-Met Dykstra Sues Producers Over Failed Amazon Series

    Former Mets ball player Lenny Dykstra hit a production company with a fraud suit in New York state court on Sunday, accusing DLP Media Group LLC of cutting him out of the $400,000 it recovered after Amazon canceled a planned documentary series about Dykstra’s life.

  • August 6, 2018

    Uber, Calif. Commission Duck Unfair Licensing Regs Suit

    A California federal judge on Friday tossed a suit accusing the California Public Utilities Commission of creating a licensing scheme for transportation network companies such as Uber and Lyft that two drivers claimed was preempted by federal transportation law and violated their equal protection rights.

  • August 6, 2018

    Producer Drops Film Rights Suit Against Weinstein, Disney

    A film producer has settled his claims with Walt Disney and The Weinstein Co. in a dispute over the rights to make a spinoff and sequel to the 1984 cult Hollywood horror film “Children of the Corn,” according to court documents filed in California federal court Monday.

  • August 6, 2018

    Southwest Sued Over Flights Canceled Amid De-Icer Shortage

    Southwest Airlines was hit with a proposed class action in Illinois federal court on Friday over claims it failed to honor its contract with ticket holders when it canceled hundreds of flights over the last year due to running out of de-icer.

  • August 6, 2018

    Ryanair's Suit Against Expedia Can't Travel To Ireland

    A Washington federal judge on Monday tossed Expedia's bid to dismiss budget airline Ryanair's suit against the travel booking website accusing it of unauthorized data scraping, ruling Expedia failed to show that Ireland is a proper venue for the case.

  • August 6, 2018

    Emerson Can't Undo BladeRoom's $30M Trade Secret Win

    A California federal judge refused to tinker with a jury's $30 million award to data-center manufacturer BladeRoom regarding competitor Emerson's theft of business info that allowed it to win Facebook's business for a data center in Sweden.

  • August 6, 2018

    Investment Co. Slams Schwab With $100M Defamation Suit

    A Texas investment adviser hit Charles Schwab Corp. with a $100 million defamation suit, claiming the national investment firm poached its clients after terminating their working relationship because of false stories alleging the adviser colluded with President Donald Trump, Russians and Fox News to publish “fake news.”

  • August 3, 2018

    US Bank Sued Over Out-Of-Network ATM, Overdraft Fees

    U.S. Bank NA has been hit in San Diego federal court with a proposed class action accusing it of bilking customers out of millions of dollars with allegedly improper out-of-network ATM fees and overdraft fees.

  • August 3, 2018

    El Pollo Loco Can’t Escape $8.8M Award In Franchise Suit

    A California superior court judge has confirmed a jury award of $8.8 million to a husband-and-wife El Pollo Loco franchisee team with a rejiggered formula that also penalizes the fire-grilled chicken chain for violations of the state's Unfair Competition Law in the couple’s suit claiming the chain improperly encroached on their territory.

  • August 3, 2018

    Chancery Denies Quick Breakup For $1B Development Firm

    Pointing to contract remedies that have not yet been exhausted, a Delaware vice chancellor on Friday stayed or dismissed four counts in a suit seeking dissolution of a $1 billion Long Island, New York, redevelopment company, over one partner’s objections that distrust had poisoned the venture.

  • August 3, 2018

    Coca-Cola Unit Wins Toss Of Staffing Co.'s ERISA Claims

    A Minnesota federal judge has tossed claims in Transport Drivers Inc.'s suit claiming a Coca-Cola unit should reimburse it for withdrawing from a pension plan after the Coca-Cola unit dropped out of an arrangement it had with the labor leasing services provider, but also nixed all counterclaims the soft drink giant's subsidiary made.

  • August 3, 2018

    Bookmaker William Hill Announces Miss., W.Va. Casino Deals

    Bookmaking behemoth William Hill PLC announced Friday that it has partnered with 11 casinos in Mississippi and one in West Virginia to provide newly legalized sports betting services to customers, with plans in the works for further casino partnerships in 14 other states.

  • August 3, 2018

    FCC Nixes BeIN's Discrimination Complaint Against Comcast

    The Federal Communications Commission has dismissed TV network beIN Sport's complaint alleging Comcast unfairly advantages its own sports channels by shutting belN out of markets and keeping it off less expensive television packages, finding the upstart network was too vague on the types of programming it wanted the broadcasting giant to distribute.

  • August 3, 2018

    Consumers Settle Suit Claiming Wood Shingles Were Faulty

    Consumers pursuing a putative class action against California-based Maibec Inc. for its allegedly defective wood shingles have reached a settlement, according to a filing in New Jersey federal court on Thursday.

  • August 2, 2018

    Injunction Denied In Property Spat Between Ex-NFL Players

    Former NFL receiver Antonio Bryant was denied his bid to immediately regain a Miami-area property he claims was improperly sold through a forged deed by another ex-NFL player when a state judge found Thursday that Bryant failed to satisfy the requirements for an injunction.

  • August 2, 2018

    7th Circ. Awards Fees To Objector In Southwest Voucher Deal

    The Seventh Circuit ordered a district court judge on Thursday to award fees to an objector in a class action against Southwest Airlines over canceled drink vouchers, saying the fees are warranted because the objector improved the class’ recovery.

Expert Analysis

  • Opinion

    Mass. Bill Would Shift Too Much Control To Condo Boards

    Angel Kozeli Mozina

    Massachusetts' House Bill No. 4325 attempts to vitiate any prerequisite unit owner consent in any and all contexts and essentially throws the baby out with the bathwater. The bill will have a chilling effect on residential condominium developments and the broader need to address housing shortages, says Angel Mozina of Rackemann Sawyer & Brewster PC.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • The E-Sign Act: 18 Years And All Grown Up

    August Heckman

    As the Electronic Signatures in Global and National Commerce Act — signed by President Bill Clinton on June 30, 2000 — reaches the age of maturity after being tested in the courts, and as more employers adopt or broaden their use of electronic signatures, now is a good time to review the basic requirements and lessons learned from the developing case law, says August Heckman of Morgan Lewis & Bockius LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Tax-Friendly Docs Can Lower Renewable Energy Project Costs

    David Burton

    Many developers of renewable energy projects have experienced higher than expected transaction costs. One all-too-common reason is project documents that cause tax tensions, says David Burton of Mayer Brown LLP.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • A Survey Of LLC Director Obligations In Delaware: Part 2

    Gail Weinstein

    While Delaware law relating to corporate fiduciary duties and exculpation for personal liability has been transformed over the past several years, resulting in less potential for director liability, the limited liability company format offers even more flexibility for directors when the governing agreement is properly drafted and followed, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Delineating When Arbitrability May Be Delegated

    Gilbert Samberg

    "Gateway" arbitration issues such as validity, enforceability and scope of an arbitration agreement may be delegated to an arbitrator if the agreement clearly and unmistakably indicates the parties’ intention to do so. But when one of the named arbitration parties is not a signatory of the agreement, two questions arise seemingly simultaneously, says Mintz Levin member Gilbert Samberg.