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Commercial Contracts

  • September 10, 2018

    Akorn Says FDA Report Rehashes Data From Fresenius Trial

    In a letter to a Delaware vice chancellor made public Monday, Akorn Inc. said that a recent inspection of the drugmaker’s New Jersey facility by federal regulators identified areas of concern that had already been raised in its suit against the company that walked away from a $4.3 billion acquisition over alleged data security breaches, and that if anything the report indicates that Akorn is addressing those issues.

  • September 10, 2018

    Wells Fargo LLC Seeks Control Of Hotel After $13.5M Default

    A Wells Fargo Bank NA limited liability company sued the borrowers of a $13.5 million commercial real estate loan in Texas federal court, saying it wants to take control of a hotel located in the Rio Grande Valley because the borrowers have failed to make payments and are in default.

  • September 10, 2018

    Calif. Co. Wants $36M Telecom Contract Row In State Court

    A California information technology company urged a federal court to send its approximately $37 million lawsuit accusing the Dutch telecom Veon Ltd. of fraud in connection with an underlying contract back to state court, saying Veon removed the suit a day too late.

  • September 10, 2018

    Can BigLaw Avoid Another Associate Purge?

    The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?

  • September 10, 2018

    Fiat Chrysler Put Dealership At Disadvantage, 9th Circ. Hears

    A San Jose dealership asked the Ninth Circuit on Monday to overturn decisions ending two lawsuits it filed against Fiat Chrysler Automobiles NV, one alleging the company coerced it into paying increased rent, and another alleging the automaker hurt local competition by offering better incentives to rival dealerships.

  • September 10, 2018

    Lithium-Ion Power Developer Says Rival Breached NDA

    A company that helps computer centers stay online with uninterrupted power has filed suit in Illinois federal court against a former collaborator and now rival, accusing it of causing around $100 million in damages by improperly using and sharing its trade secrets."

  • September 10, 2018

    Pa. Atty Faces Claims Over Mishandled Business Interest

    For nearly 30 years, a Philadelphia-area lawyer acted as both legal counsel and partner in a local business without disclosing any conflicts of interest to his business partners, and a lawsuit filed in state court Monday alleges that he also failed to tell them about a $400,000 verdict against them.

  • September 10, 2018

    PE Firm Wants $6M Costs Award Over Bank Share Sale OK'd

    A New York private equity firm asked a federal court on Friday to confirm a $6.4 million costs award issued after a tribunal rejected a Mauritius investment company’s allegations that the firm had misled Indian regulatory authorities during a transaction involving shares in an Indian bank.

  • September 10, 2018

    GM Can't Appeal Valuations In Liquidation Row With Creditors

    A New York federal judge on Friday found a General Motors bankruptcy trust has no grounds to appeal a 2017 bankruptcy court decision on the value of the company’s manufacturing machinery as part of a long-standing dispute over a $1.5 billion prebankruptcy loan.

  • September 10, 2018

    Commodities Supplier Wants $650K Emergency Award Axed

    Commodities supplier Tradiverse Corp. urged a New York federal court Friday to vacate an interim emergency arbitral award that requires the company to pay a $650,000 bond in proceedings initiated by a Venezuelan commodities merchant, saying it was not treated fairly by the arbitrator.

  • September 10, 2018

    Firm Beats Malpractice Suit Over $2.8M Loss In Contract Row

    Weber Gallagher Simpson Stapleton Fires & Newby LLP has escaped malpractice claims from the co-owner of a business over a firm attorney’s handling of an arbitration that led to a roughly $2.8 million judgment against the company after a New Jersey state appeals court ruled that the lawyer did not represent the man individually.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Samsung, LG, Others Beat Antitrust Suit Over TV Patents

    A New York federal judge Friday dismissed Haier's antitrust suit claiming that Samsung Electronics Co., LG Electronics Inc., Panasonic Corp. and Columbia University use patents that are federally required for the production of televisions to control the market.

  • September 7, 2018

    7 Texas Supreme Court Oil And Gas Cases To Watch

    A $100 million showdown over insurance coverage related to the Deepwater Horizon disaster and a $535 million fight over what constitutes a pipeline partnership are two of a handful of cases bubbling up to the Texas Supreme Court that have major stakes for the oil and gas industry. Here are seven oil and gas cases worth watching in the Lone Star State's highest court.

  • September 7, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a software developer sue Citibank for breach of contract, a new filing between British Airways and its pension trustees, and a claim brought by African food distributors and major insurers Axa, Allianz Generali and Swiss Re against container shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • September 7, 2018

    9th Circ. Reverses Arbitration Order Against Emirati Bank

    The Ninth Circuit on Friday reversed an order compelling an Emirati bank to arbitrate a contract dispute with a U.S. financial technology company in California instead of Dubai, saying a lower court judge wrongly concluded that the bank had waived its right to argue that the court lacked jurisdiction.

  • September 7, 2018

    Fla. Tech Startup Says Dutch Co. Misappropriated Property

    A Miami technology startup has accused a Dutch company started by one of its founders of misappropriating confidential information and other property used in its business, according to a lawsuit filed in Florida state court.

  • September 7, 2018

    Fox Rothschild Sues Miss America Org Over Legal Tab

    Fox Rothschild LLP has sued the Miss America Organization in New Jersey state court, revealing the law firm’s less-than-pretty fight with the pageant producers over allegedly unpaid legal bills.

  • September 7, 2018

    Buchalter Expands Seattle Office With Addition Of ERISA Pro

    Buchalter PC’s Seattle office has added two new attorneys, including an Employee Retirement Income Security Act expert with years of experience helping clients on topics ranging from welfare plans to health benefits.

Expert Analysis

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Aviation Watch: The Regional Jet Wars Heat Up

    Alan Hoffman

    The business of building and selling regional jet airliners has become an all-out battleground, with Boeing, Embraer, Bombardier, Airbus and Mitsubishi fighting for contracts worth billions of dollars and tens of thousands of jobs. The Trump administration's aggressive trade policies have added more uncertainty to the mix, says retired attorney and private pilot Alan Hoffman.

  • New Risks For US Cos. Inadvertently Supporting North Korea

    Ellen Murphy

    Following a U.S. State Department advisory this week, companies conducting business abroad — particularly in the technology, medical and life sciences industries — should watch out for several areas of heightened risk that may have a nexus to North Korea, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Hollywood Must Take The Initiative With Vendor Management

    Don Andrews

    Hollywood doesn't have regulators breathing down its neck the same way the financial services sector does, but that is why the film industry needs to initiate vendor and risk management processes and protocols on its own, even more than the banks do, say Don Andrews of Reed Smith LLP and Michael Gould of Gould & Gould LLP.

  • Don’t Let Changes In Accounting Standards Derail Your Deal

    Susanne Cleary

    Three recent accounting standards updates can directly affect the calculation of post-closing working capital adjustments and earnout provisions in M&A. Failure to consider these accounting changes can lead to disputes, say members of BDO USA LLP.