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Commercial Contracts

  • November 21, 2018

    Qualcomm Gets Claims Trimmed In Patent Row With Apple

    Qualcomm has convinced a California federal judge to trim certain patent-related claims by Apple in the pair’s ongoing legal brawl, with the judge finding that Apple failed to show that the court still has jurisdiction over the claims in light of the chipmaker’s recent covenant not to sue over the patents at issue.

  • November 21, 2018

    Marist College Dorm Subcontract Row Sent To Arbitration

    A New York federal judge on Tuesday greenlighted arbitration proceedings demanded by a subcontractor over disputed payments sought by the construction manager for a residential hall project at Marist College, finding that a state law overrides a dispute resolution provision in the subcontract agreement.

  • November 20, 2018

    Vijay Singh, PGA Settle 5-Year Deer-Antler Doping Saga

    Golfer Vijay Singh has settled his lawsuit alleging the PGA Tour acted in bad faith by suspending him for using a deer-antler supplement that wasn't actually banned, according to documents filed Tuesday in New York state court.

  • November 20, 2018

    Carnival Passenger Seeks Sanctions In Stroke-Treatment Row

    A Florida federal judge on Tuesday referred to a magistrate judge a motion for sanctions from a Carnival Corp. cruise passenger who says she wasn't properly treated after she suffered a stroke aboard the ship and that the company failed to produce a key document by a court-sanctioned deadline. 

  • November 20, 2018

    Atrium Misused ERISA's Government Exception, Workers Say

    A hospital network allegedly masqueraded as a government entity to dodge a benefits law that would have prevented it from underfunding its pension plan by $379 million and outsourcing health plan operations to an affiliate whose success benefited the company, a federal lawsuit filed in North Carolina Monday claimed.

  • November 20, 2018

    Wynn Resorts Seeks To End $1B RICO Suit Over Mass. Casino

    Wynn Resorts Ltd. urged a Massachusetts federal judge to dismiss corruption claims brought by an East Boston racetrack that said it lost out on $1 billion when Wynn beat it to a casino license, arguing the suit was filed too late and that the company is protected by the state’s anti-SLAPP law.

  • November 20, 2018

    Attys For ‘Eviscerated’ Uber Driver Class Seek Fare-Suit Fees

    Attorneys for a putative class of hundreds of thousands of Uber drivers that was slashed to a certified class of 9,600 because of a Ninth Circuit decision in another case against the company argued Monday for more than $3.3 million in fees for their $1.9 million win.

  • November 20, 2018

    Del. Justices Nix $16M Award Against Health Co.'s Insurer

    Delaware's high court on Tuesday vacated a nearly $16 million bad faith award against Homeland Insurance Co. of New York over the insurer's refusal to cover CorVel Corp.'s costs in suits accusing it of improperly discounting medical services payments, holding that CorVel's claim was time-barred.

  • November 20, 2018

    Fla. Court Confirms Brazilian Investment Firm's Award

    A Florida federal court confirmed a $500,000 arbitration award issued in favor of a Rio de Janeiro investment firm in its dispute with a Brazilian investor accused of hiding his assets in an attempt to avoid paying the award.

  • November 20, 2018

    Provant Creditors File Ch. 11 Clawback Over $2M Transfer

    The official committee of unsecured creditors of Provant Health has sued a group of company equity owners, claiming they improperly transferred more than $2 million from the company to avoid their guaranty obligations.

  • November 20, 2018

    Investcorp Slams Hedge Fund's Bid To Keep $100M Suit Alive

    Investment adviser Investcorp lambasted Kortright Capital Partners LP in a heated exchange over whether Investcorp can duck the sole remaining claim in a $100 million suit alleging it defaulted on investment promises by pulling funds out of Kortright ahead of a deal with another party, according to new filings in New York federal court.

  • November 20, 2018

    Architects Scoff At Claim Five Guys Got OK To Share Designs

    Architecture firm Soos & Associates Inc. asked an Illinois federal court Monday to dismiss Five Guys' counterclaims in the firm's copyright infringement suit against the burger chain, saying its former client can’t plausibly argue the two agreed Five Guys could share Soos’ restaurant design plans with a competing architecture firm.

  • November 20, 2018

    Insurer Sues Over Unpaid Gas Facility Construction Bills

    Great American Insurance Co. says a contractor left it holding the bill for $3.4 million in unpaid costs for the construction of a natural gas facility, and sued in Pennsylvania federal court Monday to compel the contractor to put down some collateral and open its books for inspection.

  • November 20, 2018

    Steptoe Attys Fight DQ Bid In Bridger Rail Transfer Suit

    Eddystone Rail Co. LLC hit back at a bid to disqualify Steptoe & Johnson LLP from representing the company in its lawsuit over allegedly fraudulent asset transfers in relation to a rail services contract with an affiliate of Bridger Logistics, telling a Pennsylvania federal judge Monday that the firm’s attorneys were allowed to review documents inadvertently handed over to them.

  • November 20, 2018

    NJ Film Co. Hit With IP Suit Over Shakespeare Play Videos

    A New Jersey film distributor has been slapped with a copyright lawsuit by a London-based arts nonprofit alleging it continues to sell videos of William Shakespeare plays the group stages, even though its licensing agreement has expired.

  • November 19, 2018

    Hollywood A-Listers Seek Contract Status In Weinstein Ch. 11

    A group of well-known actors and film directors filed a motion Friday in Delaware bankruptcy court seeking clarification of the status of various contracts with the buyer of the assets of film studio The Weinstein Co., saying they haven't been paid under the terms of the deals since March.

  • November 19, 2018

    Engineering Co. Owner Must Pay $917K To Investor He Duped

    A Texas federal jury has found that the owner of an industrial engineering company duped an investor into sinking money into the company’s shares and awarded her $917,000 in damages, but cleared an attorney of responsibility for the fraud.

  • November 19, 2018

    Charter Bias Claim Not Barred By 1st Amendment: 9th Circ.

    The Ninth Circuit on Monday said Charter Communications Inc. can't use its First Amendment freedom as a cable provider to escape a claim that it refused a carriage deal with an African-American-owned production firm due to racial bias.

  • November 19, 2018

    New Express Scripts Policy Merits Suit Revival, Court Told

    A defunct mail-order pharmacy said its antitrust and breach of contract suit against pharmacy benefit manager Express Scripts should be revived after the PBM reversed its policy of not doing business with mail-order providers. 

  • November 19, 2018

    Calif. Law Firm's RICO Claims Axed In Suit Over Tribal Client

    A California federal judge has trimmed several claims from a Williams & Cochrane LLP lawsuit saying a rival law firm conspired with a W&C tribal client to strip it of its business during gambling compact talks, ruling that W&C hasn't fully met the requirements for filing a Racketeer Influenced and Corrupt Organizations Act suit.

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Identifying Investment Contracts, From Chinchillas To Crypto

    Rikard Lundberg

    Because of the broad reach of the Howey test, investment contracts can arise in essentially any circumstance. Three recent enforcement actions illustrate the pitfalls of failing to identify an investment venture as involving the sale of securities, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Akorn Could Alter 'Material Adverse Effect' Law In Delaware

    J.B. Heaton

    The Delaware Chancery Court's opinion this week in the Fresenius-Akorn merger dispute will likely be appealed. That appeal will determine whether this case is destined to change the understanding of material adverse effect, or whether the Chancery Court overreached on the law and the facts, says J.B. Heaton of the University of Chicago Law School.

  • Limiting The Scope Of Discovery Through Contract

    Brian Koosed

    Carefully drafted provisions in M&A and other transaction documents can be used to preemptively restrict some of the parties’ discovery rights in future litigation. There is strong reason to believe that courts will find such provisions to be enforceable, say attorneys with K&L Gates LLP.

  • Oliveira Arguments Portend A Small Victory Against FAA

    Scott Oswald

    Nothing in Wednesday’s arguments before the U.S. Supreme Court in New Prime v. Oliveira suggested a defanging of the Federal Arbitration Act, which remains a potent tool for employers. But at least we now have evidence that the statute is likely subject to some limits, says Scott Oswald of The Employment Law Group PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Pros And Cons Of Office Sharing Agreements

    Excerpt from Lexis Practice Advisor
    Daniel Suckerman

    As coworking spaces grow in popularity, real estate attorneys are frequently called upon to help clients understand the advantages and disadvantages of shared space agreements, as well as potential pitfalls to avoid, say Daniel Suckerman and Stacey Tyler of Lowenstein Sandler LLP.

  • Missouri Long-Arm Statute Reaches Out-Of-State Fraud

    Noemi Donovan

    A Missouri appeals court's recent decision in Good World Deals v. Gallagher squarely demonstrates that false and misleading communications with a customer in the state are enough to establish Missouri jurisdiction over a company located elsewhere, says Noemi Donovan of Baker Sterchi Cowden & Rice LLC.