Commercial Contracts

  • September 28, 2017

    AT&T Seeks Quick Win On Claims It Owes $19M In Fees

    AT&T Corp. urged a California federal judge Thursday to throw out allegations it shorted local phone company O1 Communications Inc. of $19 million in long-distance interconnection fees, arguing an appeals court had already found the rates were inflated in violation of federal regulations.

  • September 28, 2017

    Texas Power Co-Op Members Must Arbitrate Class Claims

    A Texas appellate court on Thursday said members of the Sam Houston Electric Cooperative must arbitrate claims they brought in a putative class action alleging the co-op overpaid its managers and failed to return unused revenues to members.

  • September 28, 2017

    Embattled $12B Student Loan Group Hits Legal Fee Logjam

    Lawyers representing trusts that own $12 billion in student loans accused a loan servicer and Wilmington Trust Corp. late Wednesday of wrongly refusing to issue payments to attorneys for legal services in a recent, and still unconfirmed, $22 million settlement with regulators over bogus collections.

  • September 28, 2017

    Pa. Justices Say Developer's Recusal Bid Came Too Late

    The Pennsylvania Supreme Court on Thursday declined to revive a 20-year dispute over allegedly unpaid flooring work, ruling the judge in the bench trial was right to deny the property owner’s request that the entire county’s bench recuse itself because one of the judges had a financial stake in the case.

  • September 28, 2017

    Telecom Lands Quick Win In Axed TV Station Deal

    An Ohio federal judge on Wednesday concluded that allowing the owners of a local TV station to pull out of an agreement to sell certain assets to Novia Communications would be an injustice, handing Novia a partial quick win in a lawsuit it filed over the nixed deal. 

  • September 28, 2017

    LA Tech Exec, Banker Charged With $98M Fraud Scheme

    Technology entrepreneur Eric Pulier and an Australian bank executive were hit with criminal and civil charges in Los Angeles federal court on Wednesday for allegedly rigging a software sale that prompted a $98 million payout to Pulier and other shareholders in his company.

  • September 28, 2017

    Mass. Hospital Sues To Block Nurses' Strike

    A Massachusetts hospital on Wednesday asked a federal court to block an upcoming one-day strike planned by the Massachusetts Nurses Association, arguing the nurses are still bound by a contract with a no-strike provision.

  • September 28, 2017

    Developer Gets Partial Quick Win In Failed Wind Project Suit

    A Minnesota federal judge on Wednesday handed a partial quick win to a wind energy developer in a suit over a failed business venture related to wind energy developments with Native American tribes, saying there was insufficient support for some of the fraud claims lodged against the company.

  • September 28, 2017

    Marriott Loses Stay Bid In Time-Share Purchasers' Suit

    Marriott lost its bid Wednesday in Florida federal court to win a stay in litigation brought by time-share purchasers alleging the company and its insurer duped them into invalid real estate deals, with the judge ruling that he won’t stop proceedings so a state agency can review the case.

  • September 27, 2017

    Halloween Costume Maker Spooked By Alleged Kmart Rip-Off

    A New Jersey-based costume maker known as Rasta Imposta claims Kmart is infringing its copyright by peddling an imposter banana suit this Halloween season, according to a complaint filed Wednesday.

  • September 27, 2017

    PE Firm Wins Bid To Arbitrate Fight Over Mexico Property Sale

    A California federal judge on Tuesday ordered a Mexican industrial real estate buyer to arbitrate its dispute accusing a Los Angeles-based private equity firm of failing to disclose that the $15 million facility it sold the company was overrun by a drug cartel, finding the parties’ contract contained valid arbitration and forum selection clauses.

  • September 27, 2017

    Juice Co. Must Face Del Monte Suit Over Ties To Grower

    A Miami federal judge refused Wednesday to dismiss Fresh Del Monte Produce Inc.'s suit accusing a juice company of interfering with a contract with a pineapple grower that now owes Del Monte $32 million.

  • September 27, 2017

    Dallas Restaurateurs Battle Over Rights To Celeb Chef's Name

    As a Dallas restaurant ownership group on Wednesday asked a Texas appeals court to block a celebrity chef from using his own name and likeness to promote competing restaurants, the court questioned whether limits on the chef’s publicity equate to a noncompete agreement.

  • September 27, 2017

    Czech Republic Wins Dismissal of $374M Arbitral Award

    A D.C. federal judge refused Wednesday to enforce a 2008 arbitral award worth approximately $374 million, which was issued to a Liechtenstein-based medical technology company following a dispute with the Czech Republic, concluding it was not a final enforceable award.

  • September 27, 2017

    Airbnb Must Answer For Rowdy Guests, Landlord Says

    An apartment complex owner pursuing a class action against Airbnb alleging rowdy guests cost money and disturb long-term tenants urged a California federal court on Wednesday not to dismiss its suit, arguing Airbnb is "dead wrong" to say it doesn't share responsibility for breaches in the owner’s lease provisions.

  • September 27, 2017

    Sheppard Mullin Can Arbitrate Claim It Bungled $50M RE Deal

    A California judge Wednesday granted Sheppard Mullin Richter & Hampton LLP’s request to arbitrate a bankruptcy trustee’s suit accusing the firm of bungling a $50 million California real estate deal, saying the trustee is bound by an arbitration agreement signed by the debtor company.

  • September 27, 2017

    Construction Co. Seeks OK Of $60M Award Against Tanzania

    A Japanese construction company asked a D.C. federal court on Tuesday to sign off on a more than $60 million arbitral award issued against several Tanzanian government agencies following a stymied road improvement project.

  • September 27, 2017

    Warner Bros. Ordered To Give Stallone Film Profit Docs

    A California judge overseeing Sylvester Stallone’s suit accusing Warner Bros. Entertainment Inc. of concealing his “Demolition Man” revenue share ordered the studio Wednesday to provide documents for the film’s other profit participants, saying the information is necessary for the actor to fully litigate his claims.

  • September 27, 2017

    Fox Was Flaky On ‘Planet Of Apes’ Games, $3M Suit Says

    A Twenty-First Century Fox Inc. unit dodged deadlines and gave unclear instructions to a video game developer producing “War for the Planet of the Apes” film tie-in games, costing the developer $3 million, according to a suit filed in California federal court Tuesday.

  • September 27, 2017

    Ex-Sprint Retailer Slaps Rival With $31.6M Fraud Suit

    A former New England-based mobile phone retailer for Sprint devices on Tuesday sued a rival that allegedly bought its locations in 2011 for a fraction of what they were worth, alleging that it is due $31.6 million after the buyer fraudulently represented the terms of the deal.

Expert Analysis

  • From Bills Of Lading To Blockchain Structures: Part 1

    Christopher McDermott

    A bill of lading is an old form of legal document, but now technological change — in particular, the emergence of blockchain technology — is raising new questions about the future of this instrument. The challenge is to fit new blockchain structures into legal concepts that evolved for traditional bills of lading, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Be Prepared For Maritime Incidents

    Christopher Nolan

    Booming waterborne trade has led to more complicated logistics chains. A patchwork of understandings, partnerships and daily practices between maritime shipping interests can lead to legal ambiguity. It is vital to review corporate documentation process and policies before disaster strikes, say Christopher Nolan and Blythe Daly of Holland & Knight LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Clearing Up Franchise Distribution Agreements At 6th Circ.

    Gayle Littleton

    With its recent decision in Southern Glazer’s Distributors of Ohio v. Great Lakes Brewing, the Sixth Circuit made clear that despite various restrictions imposed by the Ohio Alcoholic Beverages Franchise Act, manufacturers and distributors are generally free to enter into franchise distribution agreements that require manufacturer consent to sale of the distributor’s business, say attorneys with Jenner & Block LLP.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Even An Unsigned Email Can Be A Legally Binding Contract

    Jonathan Jaffe

    A Texas appeals court recently held that an email exchange constituted a signed legally enforceable contract. The ruling is a reminder that parties negotiating contracts in email should generally avoid making unconditional statements, and classic contractual terms such as “offer,” “acceptance” and “agreement” should be used with care, say attorneys with Mayer Brown LLP.

  • The Working Capital Adjustment Dispute That Never Was

    Brian Lamb

    In Chicago Bridge & Iron v. Westinghouse Electric, the Delaware Supreme Court held rather decisively that a buyer could not avoid a liability bar by couching its concerns over historical financial statements as a working capital adjustment dispute. It is possible, however, to draft language that would lead to a different result than the one in this case, say Brian Lamb and Anthony Rospert of Thompson Hine LLP.