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Commercial Contracts

  • June 11, 2018

    Bulgarian Telecom Barred From Transfers In $6.7M Dispute

    A New York federal judge on Friday granted a satellite maker’s motion for a preliminary injunction requiring a Bulgarian telecommunications provider to seek the company’s consent before transferring funds related to a complex satellite financing deal, pending the resolution of a $6.7 million arbitration dispute between the companies.

  • June 11, 2018

    Samsung Wants Huawei's Bid For US FRAND License Axed

    Samsung Electronics Co. Ltd. urged a California federal judge Friday to reject a request by Chinese smartphone maker Huawei to set a licensing rate for its cellular network patents in the United States, arguing that Huawei made the request too late in litigation and that it would severely hurt Samsung.

  • June 11, 2018

    Panel Centralizes Zetia Antitrust MDL In Va.

    The judicial panel overseeing multiple suits accusing Merck & Co. Inc. of conspiring with generic-drug makers to delay the entry of rivals to its cholesterol drug Zetia have centralized the cases in Virginia. 

  • June 11, 2018

    Oil Rig Co. Rips Chevron Underwriters' Suit At 5th Circ.

    A company that engineered part of a faulty oil rig for Chevron told the Fifth Circuit Friday to uphold the dismissal of a suit brought by Chevron's insurance underwriters, saying the underwriters waived their arbitration rights and that it is shielded from subrogation claims regardless.

  • June 11, 2018

    Justices Won't Take Up MLB Antitrust Exemption Challenges

    The U.S. Supreme Court on Monday said it will not hear a wage suppression case brought by scouts against Major League Baseball or litigation over a contract dispute between Wrigley Field-area rooftop owners and the Chicago Cubs, deciding not to review the league's oft-criticized antitrust exemption.

  • June 11, 2018

    Texas Justices To Weigh Anti-SLAPP Dismissal Of NDA Suit

    The Texas Supreme Court has agreed to review a dispute between S&S Emergency Training Solutions Inc. and a former employee it alleges violated two non-disclosure agreements, in a case that asks the court to decide whether dismissal of the lawsuit under a state free speech law was appropriate.

  • June 11, 2018

    Wheelabrator, Honeywell Settle Pa. Asbestos Coverage Row

    Honeywell International Inc., Wheelabrator Technologies Inc. and another company have inked a deal to end finger-pointing about indemnification responsibilities for a trio of asbestos cases being pursued by former workers at a Pennsylvania facility that Wheelabrator purchased in the 1980s.

  • June 11, 2018

    Sports Construction Co. Says Ex-Worker Stole IP For Rival Biz

    A Houston construction firm that specializes in building athletic facilities hit its former sales representative with a lawsuit in Texas state court on Friday, claiming she stole its trade secrets when she left the company and used the confidential information to launch a rival business.

  • June 8, 2018

    Shanghai Zhenhua To Pay Toisa $20M To End Row In Ch. 11

    Chinese manufacturing giant Shanghai Zhenhua agreed to pay $20 million to offshore oil tanker company Toisa Ltd. to end a shipbuilding arbitration dispute between the two companies, according to a motion filed Friday in Toisa’s bankruptcy proceedings.

  • June 8, 2018

    German Grocery Giant Left Developer Out To Dry, Suit Says

    German grocery giant Lidl Stiftung & Co. misled real estate developers about the viability of its “destined for failure” U.S. expansion plan and left them “holding the proverbial bag” on millions in development costs, according to a suit filed by Leon Capital Group LLC in North Carolina federal court Friday.

  • June 8, 2018

    Beats By Dre Atty, $107M Royalty Seeker Spar At Trial

    Arturo Gonzalez of Morrison & Foerster LLP on Friday cross-examined in California court the man suing Gonzalez’s clients Beats Electronics and founders Jimmy Iovine and Dr. Dre for $107 million in headphone royalties, repeatedly butting heads over the man’s interpretation of how the business got started and the deal he cut with Iovine and Dr. Dre.

  • June 8, 2018

    Relativity Founder Shielded From Part Of Investor Fraud Suit

    Relativity Media LLC co-founder Ryan Kavanaugh will not have to face negligence claims in a California state suit accusing him of defrauding an investor before the company went belly-up in 2015, as a New York bankruptcy judge ruled Thursday that Relativity's confirmed Chapter 11 plan blocks certain allegations.

  • June 8, 2018

    Texas Justices Will Review Eagle Ford Royalty Dispute

    The Texas Supreme Court on Friday agreed to review a dispute over whether royalty owners are liable for post-production costs for oil and gas produced from an Eagle Ford Shale property, in a case trade groups say could have major impacts on oil and gas royalties around the state.

  • June 8, 2018

    Del. Justices Affirm Toss Of $700M El Paso Merger Suit

    An eight-year, multicase Delaware Chancery Court battle over the limits of limited partner rights and general partner duties in a series of El Paso Pipeline mergers closed out Friday with Delaware’s Supreme Court upholding the dismissal of a $700 million damages suit targeting Kinder Morgan Inc., affiliates and key partners.

  • June 8, 2018

    Pa. Drivers Win Class Cert. In Progressive Discount Fight

    A Pennsylvania federal court granted class certification Thursday to car owners who claim Progressive did not give them a state-mandated 10 percent discount on their insurance premiums for having passive anti-theft devices in their vehicles.

  • June 8, 2018

    Firm Sees RICO Suit Against Rival Over Tribal Work Slashed

    A California federal judge has tossed the bulk of Williams & Cochrane LLP's claims against a rival firm it alleged violated the Racketeer Influenced and Corrupt Organizations Act and undercut its business in a tribe's gambling agreement with the state, keeping only one of two Lanham Act allegations over a purportedly misleading statement on a website.

  • June 8, 2018

    Facebook Slams Emerson's Attempt To See BladeRoom Deal

    Facebook told a California federal judge Thursday that Emerson Electric, which is facing a $30 million jury verdict for stealing BladeRoom Group Ltd.'s intellectual property, can’t see a confidential deal that allowed the social media giant to exit the same litigation.

  • June 8, 2018

    Miami-Dade Says Marlins Are 'Obfuscating' In $1.2B Sale Row

    Miami-Dade County urged a Florida federal court not to let the Miami Marlins clarify the country where a company within its new corporate family is based — a key component of the baseball team’s bid to send a $1.2 billion sale dispute to international arbitration — saying the Marlins are manipulating the truth.

  • June 8, 2018

    Drink Co.'s Tactics In JPMorgan Suit Puzzle 9th Circ. Judge

    A Ninth Circuit judge on Friday questioned the litigation tactics of Hip Hop Beverage Corp. in its suit accusing a JPMorgan Chase Bank manager of helping the energy drink company’s former chief operating officer steal $3 million, saying Hip Hop should have reported the COO to the police.

  • June 8, 2018

    Ohio Auto Dealer Won't Face Contempt In Chrysler Dispute

    An Ohio dealership that has sued to join Chrysler’s sales network beat the automaker’s bid to find it in contempt of court on Thursday, with a Michigan federal judge saying Chrysler and a competing dealer should have brought a related state-court lawsuit to his attention earlier.

Expert Analysis

  • 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.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Standardized Term Sheets May Not Protect Your Interests

    Joshua Fox

    A quick internet search yields multiple versions of documents typically used for early-stage private financings. However, these standardized forms may inadvertently gloss over or neglect issues that can be critical to a startup’s long-term success, says Joshua Fox of WilmerHale.

  • Revamping Contracts For GDPR: 3 Ways To Prepare

    Mathew Keshav Lewis

    The EU's General Data Protection Regulation requirements — which take effect May 25 — create a substantial hurdle for thousands of companies worldwide and affect millions of vendor contracts, which now need to be reviewed, amended and potentially renegotiated, say Mathew Keshav Lewis and Zachary Foreman of Axiom Law.