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Commercial Contracts

  • June 5, 2018

    Travelers Wants Defense Costs Back From Colo. Contractor

    Travelers Indemnity slapped a general contractor with a suit in federal court on Tuesday, seeking a refund for the money the insurer spent defending Colorado Structures Inc. in a construction defect suit before learning it had no duty to.

  • June 5, 2018

    Design Co. Hit With Suit Over Shattering Hotel Shower Doors

    The developers of the Manhattan-based Arlo NoMad and Arlo SoHo hotels filed suit in New York state court Monday against an architectural and interior design company, accusing it of causing about $1.8 million in damages due to defective shower doors that tend to shatter, harming guests and staff.

  • June 5, 2018

    Google Says Stock Photo Antitrust Suit Fails To Show Injury

    Google told a California federal judge Monday that a stock photography company bringing a sweeping lawsuit alleging antitrust law violations and breach of contract doesn’t define a relevant impacted market, fails to show harm to competition in a market and fails to show injury.

  • June 5, 2018

    Miami Marlins Buyers Ask To Duck ERISA Rules After Sale

    The Miami Marlins' new owners on Tuesday asked the federal agency in charge of pension plans for an exemption to Employee Retirement Income Security Act rules that are designed to protect pensions after companies are sold, saying it shouldn't be required to post a $4.8 million bond for five years.

  • June 5, 2018

    Drilling Co. Can't Ditch Arbitration In Legal Fee Fight

    A Texas appellate court on Tuesday rejected arguments from Vantage Drilling International that a law firm that previously represented it in a Foreign Corrupt Practices Act investigation had waived its right to arbitrate a fee dispute by litigating the case for nearly a year.

  • June 5, 2018

    Taiwanese Parts Maker Must Face $22M Award

    A Hong Kong judge has nixed a Taiwanese capacitor manufacturer's bid to refuse enforcement of a $22.1 million arbitral award issued to a Japanese appliance company to resolve a dispute over allegedly defective parts, rejecting allegations that the tribunal had been biased.

  • June 5, 2018

    Facebook Says Biased Housing Ad Suit Belongs In Calif.

    Facebook asked a New York federal judge Monday to send to California litigation accusing it of enabling discrimination by letting advertisers exclude people from seeing home listings based on selected attributes, saying the users agreed to resolve claims in the Golden State and a similar suit is already pending there.

  • June 5, 2018

    Saudi Families Seek OK Of $17.9B Chevron Award

    Two Saudi families have asked a California federal court to confirm a $17.9 billion arbitral award against Chevron Corp. for allegedly continuing to use their lands after the expiration of a lease agreement.

  • June 4, 2018

    Oil, Gas Investors Seek Chancery Block Of LP Conversion

    Attorneys for investors facing an estimated $160 million loss from an oil and gas well master limited partnership’s proposed conversion into a corporation branded the plan an improper, “massive transfer of wealth” on Monday, and urged a Delaware vice chancellor to block the move.

  • June 4, 2018

    Pre-Cert Check Correctly Cut Off Class Action, Ill. Court Says

    An Illinois appeals panel on Friday upheld an order dismissing a man’s putative class action over service disruption at a telephone service company, agreeing with the lower court the check he received for relief of his claim before moving for class certification did not need to contemplate court costs to take effect.

  • June 4, 2018

    NZ Baggage Company Can’t Alter Earn-Out In Merger Fight

    The U.S. arm of a German company that makes baggage handling systems for airports escaped part of a contract fight on Monday initiated by a New Zealand competitor over the $6 million sale of its U.S. operations, with a vice chancellor in Delaware finding certain dates in the acquisition agreement should not be altered to reflect when the deal closed.

  • June 4, 2018

    Texas Justices To Weigh Bank's Account-Emptying Case

    The Texas Supreme Court has agreed to review Compass Bank's argument it's wrongly on the hook to repay a Mexico-based customer whose Texas account was drained by a fraudster, in a case the bank says is important as more Mexican nationals conduct banking business across the border.

  • June 4, 2018

    Ex-Nelson Levine Atty Seeks To Arbitrate With Ex-Colleagues

    A former name partner of defunct Nelson Levine de Luca & Hamilton LLC who is suing ex-colleagues he says shorted him amid the firm's breakup asked a Pennsylvania federal judge on Friday to force them to meet him in arbitration.

  • June 4, 2018

    Tesla Race Bias Case Not Going To Arbitration

    A California state judge has denied Tesla's bid to send to arbitration a proposed class suit alleging it tolerated harassment toward black workers at its Alameda, California, plant, ruling the electric-car maker can't enforce a contract the accuser never signed.

  • June 4, 2018

    McCombs, Ex-Execs Can't Get Dueling Suits Moved

    A Harris County District Court and the Texas Supreme Court have declined requests to move dueling disputes between McCombs Energy Ltd. and its former officers and employees to the same court, setting them up to move forward separately in Houston and San Antonio.

  • June 4, 2018

    Pfizer Unit Used Partnership To Cut Rival’s Supply, Suit Says

    Apotex Corp. hit Pfizer subsidiary Hospira Inc. with a suit Friday in New York federal court alleging it reneged on a noncompete agreement to supply Apotex with generic antibiotics Apotex helped develop, causing Apotex to flounder in the U.S. drug market and lose out on hundreds of millions of dollars in profits.

  • June 4, 2018

    Wine Co. Shareholder Must Hand Investor $29M, Judge Says

    A Florida federal judge slapped a controlling shareholder in a Chilean wine company with a $28.7 million judgment Monday, after finding for a Delaware-based investor in its dispute seeking to confirm an arbitration award stemming from the soured business venture.

  • June 4, 2018

    No Discovery Or Pay For NY Ex-Garage Exec Suing PE Firms

    A New York state judge has rejected a request by a former executive at garage company Citizens Parking Inc. to demand records or pay from private equity funds he has sued for $250 million for allegedly breaching duties to investors, saying at a Monday hearing that Jerry Skillett has no right to the “very substantial and intrusive relief” he sought.

  • June 4, 2018

    Chinese Co. Seeks To Arbitrate $25M Row With Apple

    A Chinese company that was contracted to supply Apple Inc. with materials for the glass screens used on iPhones asked a California federal court Friday to send its $25 million dispute with the technology giant to arbitration, saying their agreement called for all disputes to be resolved via International Chamber of Commerce arbitration.

  • June 4, 2018

    College Aims To Move Wrongful Death Suit By Athlete's Family

    A Massachusetts college that is a defendant in a New Jersey state court case in which the family of a football player who died of cardiac arrest after practice is claiming wrongful death has filed for removal of the case to federal court.

Expert Analysis

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Where’s The Harm? NJ Justices Offer Consumer Law Insights

    Christina Sarchio

    With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.

  • DC Circ. Puts Union Blocking Charges On Chopping Block

    Kevin Brown

    The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Opinion

    There Is Middle Ground For US Lawyers On AML Regimes

    Matthew O'Hara

    The American Bar Association continues to oppose legislation that would impose certain European Union and U.K. anti-money laundering requirements on U.S. lawyers. The ABA should further consider its approach to this issue as there is a viable middle ground that protects privileged communications and confidential information while advancing the interests of the legal profession, says Matthew O’Hara of Freeborn & Peters LLP.

  • GDPR And HR: 8 Steps To Compliance For US Companies

    Sam Rayner

    American organizations with a European workforce, or presence, should not assume that they can ignore the General Data Protection Regulation in favor of a self-regulatory approach to employee privacy, as is often favored across the U.S., say Sam Rayner and Tom Mintern of Bird & Bird LLP.

  • Leveling The Purchase Price Adjustment Playing Field

    Jordan Weiss

    M&A contracts often set forth a detailed methodology for arriving at the actual working capital of the business at close. Notably, they almost never contemplate the failure of the buyer to deliver its calculation of working capital by the deadline, say Jordan Weiss and Jenna Newmark of Goodwin Procter LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.