Commercial Contracts

  • August 3, 2017

    Venezuela Asks DC Circ. To Upend $1.2B Award To Crystallex

    Venezuela urged the D.C. Circuit on Wednesday to nix a district court decision confirming a $1.2 billion arbitral award issued to a Canadian mining company over a canceled mine operating contract, saying the lower court wrongly failed to address whether the tribunal miscalculated the damages.

  • August 3, 2017

    Lighting Co. Asks To Serve Ex-Distributor Through Facebook

    LED lighting manufacturer Cree Inc. asked a Wisconsin federal court Wednesday to let it serve the Mexican affiliate of BHB Energy through its Facebook page, claiming the affiliate is attempting to stonewall Cree’s efforts to rope it into a suit seeking to arbitrate a dispute stemming from a distribution agreement.

  • August 3, 2017

    Spanish Co.'s $1.5M Award Should Be Confirmed, Judge Finds

    A federal magistrate judge in Florida recommended on Wednesday that a $1.5 million arbitration award issued to Spanish satellite operator Hispasat SA should be affirmed, rejecting Bantel Telecom LLC’s argument that the Madrid-based arbitrator was biased toward a company also based in the city.

  • August 3, 2017

    Wells Fargo Must Pay Telecom Cos. $1.7M In Diverted Funds

    A group of seven unpaid telecom subcontractors has won a $1.7 million judgment against Wells Fargo in New York federal court after suing the bank to recoup payment held in a bank lock box from a now-defunct contracting firm that installed communications equipment in New York City schools.

  • August 3, 2017

    NJ Hedge Fund Owner Can't Duck Charges In $4M Scheme

    A New Jersey federal judge has ruled that FBI agents' failure to preserve evidence did not warrant tossing criminal charges against a purported hedge fund owner accused of stealing $4 million from investors, finding that he has not been prejudiced and that the government did not act in bad faith.

  • August 2, 2017

    Alliant Calls Wells Fargo Suit An Anti-Competitive 'Ploy'

    Alliant Insurance Services Inc. said Wednesday that a Delaware Chancery lawsuit from Wells Fargo Insurance Services USA accusing it of using confidential information from a failed merger to lure away employees was “patently false” and a “baseless legal ploy” to stifle competition.

  • August 2, 2017

    Romanian Oil And Gas Row Moved From Miss. To Texas

    A Mississippi federal judge on Wednesday sent a contractual dispute between two Romanian oil and gas exploration companies stemming from a joint operating agreement for oil production rights in Romania to a Texas federal court, leaving the question of whether the dispute must be arbitrated for another day.

  • August 2, 2017

    Bosch's German Appliance Unit Seeks OK Of $2.7M Award

    Bosch's home appliance arm, German company BSH, has asked a New York federal court to confirm an arbitration award of over $2.7 million against a Turkish man stemming from a dispute involving a share purchase agreement, saying a Manhattan apartment he rents out could satisfy the award.

  • August 2, 2017

    8th Circ. Affirms Halt Of Tribal Court Oil & Gas Royalty Suit

    The Eighth Circuit on Wednesday upheld a decision halting a Three Affiliated Tribes member’s tribal court lawsuit accusing an oil and gas exploration company of failing to fully pay him under a royalty interest deal, saying a forum selection clause prevents disputes from playing out there.

  • August 2, 2017

    ServiceMesh CEO To Disclose SEC Subpoena In Fees Fight

    Attorneys for ex-ServiceMesh Inc. CEO Eric Pulier were directed Wednesday to share a previously undisclosed U.S. Securities and Exchange Commission subpoena and enforcement action notice with lawyers for the company’s successor, during arguments in Delaware over Pulier’s legal fees.

  • August 2, 2017

    Remaining Counterclaim In UPS Trademark Suit Gets Tossed

    A New York federal judge closed the book Wednesday on a trademark infringement suit brought by The UPS Store Inc. against two franchise-owning brothers in Manhattan, saying the brothers lack standing to keep the dispute alive with their sole counterclaim of false advertising.

  • August 2, 2017

    Pineapple Plantation Fights Del Monte Bid For Fees

    A Costa Rican pineapple plantation that recently lost its bid to nix confirmation of a $32 million arbitration award favoring its former buyer, Fresh Del Monte Produce Inc., has urged a Florida federal court not to grant Del Monte's bid for attorneys' fees, calling the request for sanctions inappropriate.

  • August 2, 2017

    Insurance Agents Not Independent Contractors, Judge Says

    A certified class of nearly 7,000 insurance agents claiming they were misclassified as independent contractors by American Family Insurance Co. are in fact employees under the Employee Retirement Income Security Act, an Ohio federal judge ruled Tuesday, saying the company exerted a level of control over their work that is commensurate with typical employees. 

  • August 2, 2017

    Mel Gibson Says Production Co. Breached Film Deal

    Mel Gibson accused an Academy Award-winning production company of breaching a load of requirements in contracts over a film the actor called a “labor of love,” saying in a California state court suit entered Tuesday that the production company is secretly marketing the film without him.

  • August 2, 2017

    Intellectual Ventures Fights Award In Nokia Licensing Row

    Intellectual Ventures has asked a Delaware federal court to ax an award issued during arbitration stemming from a patent license dispute with Finland-based Nokia, arguing the arbitrator’s decision “fails to draw its essence” from the contract at issue.

  • August 2, 2017

    Houston Golf Assoc. Wants OK To Nix Ticketing Contract

    The Houston Golf Association filed a lawsuit in Harris County District Court on Tuesday against ticketing company ExtremeTix, asking the court to declare that a contract between the parties allows it to cancel its ticketing contract with the company ahead of the 2018 Houston Open.

  • August 1, 2017

    Uber Can't Ditch Drivers' Pricing Class Action, Judge Says

    Uber can’t shake a putative class action from drivers alleging a breach of contract stemming from its upfront pricing model, a California judge said Tuesday, finding that allegations of miscalculating driver pay are enough to move ahead at this stage of the six-month-old suit. 

  • August 1, 2017

    Atty DQ'd For Repping Plaintiff After Consult With Defendant

    A New York federal judge has agreed to disqualify an attorney from representing a clothing company in its $3 million breach of contract suit against a group of transportation logistics companies when the defendant’s CEO revealed that the attorney had consulted with him about the case before agreeing to represent the plaintiff.

  • August 1, 2017

    Hibu Seeks To Oust Latham Attys From Ex-Employee Row

    A pair of ex-Kirkland & Ellis LLP lawyers who withdrew from the defense team in a noncompete case brought by Hibu against a former employee only to rejoin the matter at their new firm, Latham & Watkins LLP, should be disqualified, the marketing company told a Kansas federal court Monday.

  • August 1, 2017

    Theranos, Walgreens Settle $140M Contract Suit

    Theranos Inc. has reached a deal with Walgreen Co. to end the drugstore chain’s $140 million breach of contract suit, the foundering medical testing company said in a statement Tuesday.

Expert Analysis

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Protecting And Enforcing Judgment Creditor Interests In IP

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    Judgment creditors typically satisfy their claims through settlement or, if necessary, by seizing and selling a debtor’s real and tangible personal property. In the rare case when a debtor’s only asset is intellectual property, a creditor must be more determined and creative in order to satisfy its judgment, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • Clearing Up Broker-Dealer Classification Questions In NY

    David Kleinmann

    A recent decision by the New York State Department of Labor’s Unemployment Insurance Appeal Board provides broker-dealers with greater clarity surrounding job classification of Financial Industry Regulatory Authority-registered representatives working in stockbroker positions. The decision provides a narrow but clear safe harbor for NYSDOL investigations into classification, says David Kleinmann of Tarter Krinsky & Drogin LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Keeping Up With Ever-Changing Noncompete Laws In Nev.

    Howard Cole

    Less than a year after the Nevada Supreme Court provided new guidance on employee noncompetes, Gov. Brian Sandoval signed Assembly Bill 276, which further changes the law in this area. All employers should be aware of four key areas the new law addresses, say Howard Cole and Jennifer Hostetler of Lewis Roca Rothgerber Christie.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.