Commercial Contracts

  • June 16, 2017

    PDVSA Unit Fights Crystallex's $1.4B Award Suit In 3rd Circ.

    A subsidiary of Venezuela’s state-owned oil company urged the Third Circuit on Thursday to cut it from Canadian mining company Crystallex’s suit accusing the oil company of orchestrating transfers to dodge a $1.39 billion arbitration award, saying the transferred property is immune because it belongs to a foreign country. 

  • June 16, 2017

    Texas High Court To Hear ConocoPhillips' Royalty Dispute

    The Texas Supreme Court on Friday agreed to hear oral arguments in a case where ConocoPhillips Co. argues a lower appellate court “invented a legal fiction” in deciding an Eagle Ford Shale oil and gas lease dispute, creating uncertainty regarding legal title to the land.

  • June 16, 2017

    NJ Hedge Fund Owner To Face All Counts In 1 Trial

    A New Jersey federal judge has denied a bid from a purported hedge fund owner to sever one count of a four-count indictment alleging he stole $4 million from investors, but the jurist ordered a hearing on his motion to dismiss the indictment over claims the government destroyed evidence.

  • June 16, 2017

    5 Issues To Watch As Oculus Fights $500M ZeniMax Verdict

    Facebook-owned Oculus is set for a post-trial showdown in Texas federal court Tuesday against video game developer ZeniMax that's been months in the making, as the parties wrestle to come out ahead in the wake of a $500 million trial involving some of Silicon Valley's hottest technology. Here, Law360 highlights five of the contentious issues in the court's hands.

  • June 16, 2017

    Workers Lose OT Suit Over Army Contract In Afghanistan

    A Texas federal judge Thursday rejected a putative class action against Fluor Corp. from contractors who claimed the company failed to pay overtime on a contract in Afghanistan, ruling the country’s labor code does not apply to foreign citizens without work permits.

  • June 16, 2017

    Texas Justices To Review Oil Heir's $7.3M Attys’ Fee Fight

    The Texas Supreme Court on Friday agreed to review a lower court’s decision that Shamoun & Norman LLP is entitled to $7.25 million in attorneys’ fees for its work negotiating a global settlement of disputes over Hunt Petroleum Corp. heir Al Hill Jr.’s family estate.

  • June 16, 2017

    Eni, Nigerian Oil Co. Units Move To Enforce $500M Award

    A subsidiary of Italian oil giant Eni SpA and an affiliate of a Nigerian gas company have urged a New York federal court to confirm an arbitral award of over $497 million, plus interest, against a Nigerian state-owned oil company issued in a dispute over a production-sharing contract.

  • June 16, 2017

    Luxury Candy Seller Says Competitor Isn't Acting Sweet

    High-end candy retailer Sugarfina Inc. slapped a competitor with an infringement suit Thursday in California federal court, alleging that Sweet Pete’s LLC has tried to capitalize on its success by copying its innovative packaging and products, confusing consumers in the process.

  • June 16, 2017

    Texas High Court Nixes New Trial In $42M Attys’ Fee Row

    The Texas Supreme Court on Friday sided with the owner of a water supply company who argued a trial court wrongly stripped away a jury verdict in his favor and awarded his former attorneys a new trial in a contingency fee dispute in which the lawyers argued they were entitled to $42 million in damages.

  • June 16, 2017

    Pecan Co. Says Nut Supplier Is Responsible In $1.5M Hack

    A pecan wholesaler told a Texas federal judge on Thursday that it does not owe $1.5 million to a Mexican nut distributor after allegedly transferring payments meant for the distributor to a third-party hacker who changed the wiring instructions via email, saying it had no idea it had paid a hacker.

  • June 15, 2017

    $3B Boeing-Iran Airline Deal Uncertain Amid Sanctions Talk

    A $3 billion deal between Boeing and Iran’s third-largest airline could be in trouble depending on the outcome of a Trump administration review of U.S. sanctions dropped under the 2015 deal brokered by former President Barack Obama to curb Iran’s nuclear program, according to media reports.

  • June 15, 2017

    Ex-MasterCard Partner Urges Court To Preserve $2.8M Verdict

    A Jordanian payment processor that convinced a New York federal jury to award it $2.8 million in a dispute with MasterCard International Inc. earlier this year urged a judge to reject the card company’s effort to throw the verdict out, saying Wednesday the decision was reasonable.

  • June 15, 2017

    Ga. Judge Won't Sanction For 'Less-Than-Ideal Lawyering'

    A Georgia federal judge on Thursday denied a bid to impose sanctions in a Georgia media production company’s $45 million racketeering suit over an aborted deal to produce original African-American content, saying Thursday that the company’s “less-than-ideal lawyering” did not amount to bad faith litigation conduct.

  • June 15, 2017

    Texas Cable Co. Says Comcast Sabotaged Its Business

    A Texas family that owned a small telecom business filed a roughly $4 million lawsuit against Comcast in state court Wednesday, alleging the cable giant systematically destroyed its business by repeatedly cutting lines and driving off customers after it declined Comcast’s offer to buy it out.

  • June 15, 2017

    Singh Says Antler Spray Case Needs Trial, Not Reargument

    Former top-ranked golfer Vijay Singh, who is suing PGA Tour Inc. for suspending him over a purportedly illicit, deer antler-derived spray, has urged a New York judge to not let the tour try to undermine a ruling that poised the case for trial.

  • June 15, 2017

    Ukraine Oil JV Must Pay $147M Award, Court Told

    A U.S.-based Kuwait Energy subsidiary doubled down on its efforts to confirm a $146.9 million arbitration award against a former Ukrainian oil field joint venture partner, telling a Texas federal court Wednesday that its former partner has failed to find a narrow exception under an international enforcement agreement.

  • June 15, 2017

    Del. Suit Claims Coal Co. Investors Diverted Bid Rights

    Investors in a firm that loaned money to a now-bankrupt Kentucky coal company sued the firm's managers and others in Delaware's Chancery Court on Wednesday, claiming the firm's managers secretly locked up rights to a coal tract during a bankruptcy sale.

  • June 15, 2017

    Google Turns Tables In Ad Sites’ Class Cert. Hearing

    Google’s courtroom arguments on Thursday appeared to sway a California federal judge who’d tentatively ruled to certify a class of websites accusing the tech giant of withholding advertising revenue, with the judge concluding the hearing by saying the proposed class might be overbroad.

  • June 15, 2017

    Software Co. Says Cannabis College's Breach Cost It $1.45M

    Software company Cantera Global Services LLC has filed a lawsuit in Texas state court against its former business partner, an online cannabis college, alleging it went back on an agreement to implement software developed by the company and now owes it about $1.45 million in lost profits.

  • June 15, 2017

    Oracle Objects To SunEdison's Service Transfer Plan

    Oracle America Inc. objected Thursday to a proposed transition services agreement between bankrupt SunEdison Inc. and its yieldcos, saying the deal may impact Oracle’s intellectual property.

Expert Analysis

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Post-Closing Liability Risks For Private Equity Firms

    Sara Duran

    Despite thoughtful negotiations, private equity firms selling portfolio companies can have direct post-closing liability. Sara Duran and Sacha Jamal of Sidley Austin LLP look at one example — fraud-in-the-inducement claims — through the lens of the Delaware Superior Court’s recent decision in ITW Global Investments v. American Industrial Partners.

  • In New York Lending Agreements, The Contract Rules

    Richard H. Epstein

    In some states, borrowers may invoke the “implied covenant of good faith and fair dealing” to circumvent certain express loan terms. The recent decision in Transit Funding Associates v. Capital One Equipment Finance made clear that such arguments will be rejected by New York’s First Department, says Richard Epstein of Sills Cummis & Gross PC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.