Commercial Contracts

  • March 9, 2018

    Redbox's Filing Delay Dooms Injunction Bid In TM Suit

    An Illinois federal judge refused to grant Redbox's bid for a preliminary injunction in its suit against rival DVD rental kiosk company DVDXpress, finding that Redbox's delay in suing its competitor over alleged trademark infringement and false advertising undermines its claims that it experienced "irreparable harm." 

  • March 9, 2018

    Firm's Suit Over Fees In Novartis Row Paused Over Atty Exit

    A New Jersey federal judge on Thursday temporarily halted a law firm’s case seeking payment from a former client who brought an unsuccessful whistleblower suit accusing Novartis AG of tax improprieties, ordering the case adjourned for two months so the client can find new counsel.

  • March 9, 2018

    Versata Challenges Ford’s Bid For Judgment In IP Suit

    Versata Software Inc. fired back Friday at Ford’s attempt to get a win in its suit in Michigan federal court seeking a declaration that the automotive giant did not infringe on Versata’s patents for automobile configuration software, saying that Ford’s arguments contradict evidence on the record and even its own experts.

  • March 9, 2018

    Texas Pharma Delivery Co. Wins $24M In Tech Battle

    A Texas federal judge on Thursday awarded $24 million to a pharmaceutical service company that accused nursing home industry businesses of using its confidential information to set up a competitor, but affirmed a jury’s finding there had been no patent infringement.

  • March 9, 2018

    Enerplus Asks 8th Circ. To Affirm Win In $3M Royalty Row

    Oil and gas exploration company Enerplus Resources Corp. urged the Eighth Circuit to cement its victory in a lawsuit it brought to recover $2.96 million in mistaken royalty overpayments it made to a Three Affiliated Tribes member and his former and current attorneys.

  • March 9, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a BMW plant lodge a commercial fraud claim against Barclays, another dispute between Barents Re and Petróleos de Venezuela's captive insurer and AXA take on a rival private health insurer.

  • March 9, 2018

    DC Circ. Revives Fired Defense Base Workers' Claims

    The Defense Base Act does not preempt breach of contract allegations brought by two overseas military base contractors against their former employer Torres Advanced Enterprise Solutions LLC after they were fired in relation to a workers' compensation claim, the D.C. Circuit ruled Friday.

  • March 8, 2018

    Texas Court Sends Suit Over Trucker’s Death To Arbitration

    A Texas appeals court on Thursday sent to arbitration a suit accusing a gasoline transportation company of being responsible for an employee’s death in a highway accident, saying it is up to an arbitrator to determine the validity of the truck driver’s employee health and safety contract.

  • March 8, 2018

    Sony, HannStar Settle LCD Price-Fixing Row

    More than five years of litigation after reaching an initial agreement, Sony settled with HannStar for its role in a price-fixing scheme involving liquid crystal displays, as a California judge signed off Tuesday on the parties’ agreement to dismiss the claim from multidistrict litigation.

  • March 8, 2018

    Lehman Gets $2.4B Value On RMBS Claims By Trustees

    Lehman Brothers Holdings Inc. attorneys said it will pay just shy of $2.4 billion to cover investors’ claims over financial crisis-era residential mortgage-backed securities after a New York bankruptcy judge on Thursday sided with the defunct bank following a trial to determine the claims’ value.

  • March 8, 2018

    Uber Drivers Get Cert. And Win In Safe Ride Fee Row

    A California federal judge Thursday handed a win to a group of Uber Technologies Inc. drivers who say their contract was breached through the overcharging of a $1 “safe ride” fee.

  • March 8, 2018

    Energy Consultant Fights Arbitration Ban On $775M BP Sale

    International Energy Ventures Management LLC told a Texas federal court Wednesday that an arbitrator improperly tackled issues better left to the courts in finding the oil and gas consultancy waived its right to arbitrate a dispute involving a $775 million BP PLC asset sale.

  • March 8, 2018

    Ex-Ute Worker's Contract Is Invalid, Tribal Court Says

    The Ute Indian tribe announced that it has been handed a win from its own tribal court as part of a sprawling contract dispute involving a former employee of its energy and minerals department, saying the court found that his contract wasn’t valid.

  • March 8, 2018

    Buchanan Ingersoll Adds 4 Ex-Barnett Bolt Attys In Tampa

    Buchanan Ingersoll & Rooney PC has hired four attorneys from Barnett Bolt Kirkwood Long & Koche PA for its Tampa, Florida, office as the law firm broadens its practice areas in the state and the nation.

  • March 7, 2018

    Stormy Daniels Says Trump Atty Got Secret Restraining Order

    President Donald Trump’s lawyer obtained a restraining order to keep adult film actress Stormy Daniels quiet about her dealings with him, getting an arbitrator to sign it just days before she filed a California state court suit alleging her confidentiality agreement is void, according to reports on Wednesday.

  • March 7, 2018

    YouTube Dodges Zombie Video Makers' Contract Suit

    YouTube escaped a suit brought by the creative minds behind zombie-killing videos who said an algorithm switch that led to declining ad revenue constituted a breach of contract, after a California federal judge found Wednesday that YouTube was explicit about its terms with the content providers.

  • March 7, 2018

    Texas High Court Asked To Tackle 6-Year Atty DQ Row Again

    The Texas Supreme Court has been asked to weigh in for a second time in a six-year disqualification dispute between Chilean mining company Inppamet and lead smelting company RSR, with RSR claiming that Inppamet is attempting to have “a second bite at the disqualification apple.”

  • March 7, 2018

    Obopay’s RICO Counterclaims Survive In E-Payments Suit

    A California federal judge on Wednesday denied a bid from a payment processing company to dismiss a RICO counterclaim stemming from its fraud and breach of contract claims against Obopay, saying Obopay gave enough details to sufficiently plead its case.

  • March 7, 2018

    Texas Energy Co. Wants $100M For Usurped Anadarko Bid

    A Texas energy company is seeking more than $100 million in a state court suit against Anadarko Petroleum Corp. and a private equity firm it claims used confidential information about a 40,000-acre Utah oil and gas property to poach its opportunity to buy the energy assets.

  • March 7, 2018

    NASA Supplier Wins $3.1M In Suit Against Turncoat Salesman

    A Pennsylvania federal judge awarded $3.1 million in damages to NASA supplier Advanced Fluid Systems Inc. on Tuesday on claims that a former employee stole designs and usurped a contracting opportunity for hydraulic systems at a government-run rocket launch facility.

Expert Analysis

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Crystallex's Implications For Holders Of Venezuelan Debt

    Richard Cooper

    As the economic situation in Venezuela continues to deteriorate and the number of bond defaults continues to mount, the Third Circuit’s recent ruling against Crystallex is a poignant reminder about the challenges of recovering on claims against a determined sovereign. However, Crystallex is not without further litigation options, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • OFAC Enforcement Trends In 2017: Exporters On Notice

    Sean Kane

    One probable reason for the recent shift in focus by the Office of Foreign Assets Control toward export-related transactions is that the agency’s enforcement efforts targeting big banks have worked. With fewer cases to bring against them, OFAC seems to be moving on to new weak spots in enforcement, say Sean Kane and Susie Park of Hughes Hubbard & Reed LLP.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Buying And Selling Air Rights In New York City: Part 2

    Excerpt from Lexis Practice Advisor
    Robin Kramer

    Developers utilizing air rights transfers in New York City must understand the process for obtaining such rights, as well as the provisions generally included in zoning lot development and easement agreements, says Robin Kramer of Duval & Stachenfeld LLP in the final part of this article.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.