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Commercial Contracts

  • August 2, 2018

    11th Circ. Says Citrus Grower Isn't Joint Employer

    A Florida fruit grower is not a joint employer under immigration law with a contractor that allegedly extorted the pickers it supplied, an Eleventh Circuit panel ruled Thursday, saying the trial court misunderstood the relevant definition of the word "employer" and wiping out a nearly $200,000 class judgment.

  • August 2, 2018

    Online Smoothie Startup Loses Bid To Halt In-Store Rival

    A New York federal judge remained unswayed by a frozen smoothies startup's assertion that a former partner should be stopped from launching its own brand this month, finding its trade dress is not distinctive and consumers ultimately wouldn't be confused.

  • August 2, 2018

    Netflix Waves White Flag In Relativity Ch. 11 Contract Fight

    Netflix has abandoned all opposition to continuing its distribution deal with Relativity Media LLC and dropped claims for millions of dollars in payments from the bankrupt studio, deciding Thursday to settle the case after losing a bid to collect $9 million for a breach of its exclusive streaming agreement.

  • August 2, 2018

    Fla. Court Affirms Spa Owner's Win Against Trump Resort

    A Florida appeals court affirmed a loss for the Donald Trump-owned National Doral Miami resort in a dispute with a spa owner that claimed the resort violated a contract by demanding large room rate increases as part of negotiations to extend a group room agreement.

  • August 2, 2018

    Weinstein Ch. 11 Emails OK’d For Rape Charges Defense

    A Delaware bankruptcy judge consented Thursday to the use of 40 redacted victim emails from The Weinstein Co.’s Chapter 11 files in a reported plan to seek dismissal of rape and sexual predator charges against Harvey Weinstein in a New York proceeding on Friday.

  • August 2, 2018

    Startup Fights Paper's Bid To Unseal Records After $706M Win

    A data analytics startup has opposed a newspaper's bid to unseal court records from its $706 million trade secrets win over a Quicken Loans affiliate, saying the Texas statute used to seal the documents does not allow for interlocutory appeal.

  • August 2, 2018

    7-Eleven Hits Ex-Franchisee With TM Suit In Wage Dispute

    7-Eleven Inc. sued a former Chicago-area franchise owner in Illinois federal court Wednesday, claiming he is in violation of its trademarks for not turning over his stores or inventory to the company after losing his franchises for failing to pay his employees their legally required wages.

  • August 1, 2018

    Major Music Labels Accuse Cox Of Contributing To Pirating

    Sony, Universal, Warner and other major music labels hit Cox Communications with a copyright suit in federal court Tuesday, claiming the internet service giant turns a blind eye to subscribers who use file-sharing to pirate copyrighted music and a deaf ear to the companies' concerns.

  • August 1, 2018

    Exec Hit With FCPA Charges For Venezuelan Bribe Scheme

    A Venezuelan-American businessman has been charged with Foreign Corrupt Practices Act violations for funneling hundreds of thousands of dollars in bribes to an official of Petroleos de Venezuela SA to secure contracts from the state-backed oil and gas company, prosecutors said Wednesday.

  • August 1, 2018

    Office Seeks $350K From Agent Who Cut NFL Players' Fees

    Sports agency Paramount Sports & Entertainment Management has hit one of its former agents with a suit in Virginia federal court seeking more than $350,000, saying he broke his contract by withholding fees after he gave two NFL clients unauthorized discounts.

  • August 1, 2018

    Atty's Spouse's Contempt Case Paused Amid Bankruptcy

    A Nevada federal judge hit pause Tuesday on contempt proceedings against the wife of attorney Dominic "Nick" Magliarditi stemming from a prohibited property transfer amid his recently filed bankruptcy case.

  • August 1, 2018

    Trucking Instructor Exempt From Arbitration, Court Says

    A Texas appeals panel has affirmed a lower court’s decision that a trucking company’s former orientation instructor qualifies as a transportation worker under the Federal Arbitration Act, thus exempting him from an arbitration pact and freeing him to pursue his age discrimination and retaliation lawsuit.

  • August 1, 2018

    Shipping Row Must Be Arbitrated In London, 11th Circ. Says

    The Eleventh Circuit on Wednesday overturned an order requiring a Mexican cargo transporter to arbitrate its dispute with a Florida shipping company in Miami, ruling that while their contract was hardly a "model of clarity," the parties had in fact agreed to arbitrate disputes in London.

  • August 1, 2018

    Backroom Talks Stall Relativity Trial Over Netflix Deal

    Relativity Media LLC's trial dispute with Netflix over a prized content distribution deal at the heart of the troubled film studio's Chapter 11 case was stalled in large part Wednesday after a New York bankruptcy judge said the streaming content provider is not entitled to a specific damages claim.

  • August 1, 2018

    Canadian Real Estate Investor's $74M Mexico Claim Trimmed

    An international tribunal has trimmed a Canadian lender's claim against Mexico, now worth more than $74 million, over the allegedly unlawful cancellation of defaulted loans for certain real estate development projects, according to a decision released Tuesday.

  • August 1, 2018

    Weinstein Creditors Want Del. Ch. 11 Probe Of Co. Exec

    Citing reports that former The Weinstein Co. Holdings Co. LLC executive David Glasser enriched himself at company expense as bankruptcy neared, the company's unsecured creditors committee on Tuesday sought Delaware court approval for a Chapter 11 probe.

  • August 1, 2018

    JPML Won't Centralize 3 Separate Tribal Lender Cases

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday said that although allegations that a tribe-linked lender was used as a front to evade state usury laws are similar in three separate cases, they don't need to be centralized in Oklahoma federal court.

  • August 1, 2018

    3rd Circ. Keeps US Bank On Hook For $6M 'Bad Faith' Award

    The Third Circuit on Tuesday said U.S. Bank can't offset the $6.1 million it must pay the founder of National Medical Imaging for a tossed bankruptcy petition against money the executive owes, since the bank's filing was found to be in bad faith.

  • August 1, 2018

    Construction Co. Says Deceptive Fees Tolled Class' Claims

    Tartan Construction LLC told an Illinois federal judge on Tuesday that an equipment renter’s allegedly misleading and deceptive scheme caused it to pay additional fees, claiming the statute of limitations in its putative class action did not begin simply because it knew of the fees but rather when it realized it had been wronged.

  • August 1, 2018

    Ford Sues Dealership Chain Over $40M In Defaulted Loans

    Ford Motor Co.’s financing unit has sued a chain of Texas car dealerships for $40 million, claiming the chain and its owners defaulted on financing agreements by delaying payments on sold cars and falsifying records to obtain extra loans.

Expert Analysis

  • A Survey Of LLC Director Obligations In Delaware: Part 1

    Gail Weinstein

    Recent cases suggest that Delaware courts extend a high degree of deference to limited liability company and partnership agreement provisions. But importantly, the facts and circumstances can also very much affect a court’s decision, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • New Licenses Ease Ukraine, Russia Business Wind-Downs

    Seetha Ramachandran

    The U.S. Department of Treasury Office of Foreign Assets Control continues its effort to allow U.S. persons to wind down operations or existing contracts that would otherwise violate Ukraine- and Russia-related sanctions. Even though OFAC has issued general licenses for this purpose, U.S. persons may need to obtain specific licenses to fully divest their interests, say attorneys with Schulte Roth & Zabel LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • A Growing Divide On Trademark License Rights In Bankruptcy

    Luke Barefoot

    The U.S. Supreme Court has been asked to clarify in the case of Tempnology the extent to which trademark license rights survive rejection in bankruptcy proceedings. In the meantime, licensees face continued uncertainty on their ability to use licensed trademarks following rejection, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • E-Signature Laws Provide Legal Framework For Blockchain

    Brian Casey

    The drafters of the Uniform Electronic Transactions Act had the foresight to create a model electronic signatures and records law that, 19 years later, readily accommodates blockchain-based transactions. Businesses should consider utilizing UETA compliance checklists before proceeding with blockchain transactions or smart contracts, says Brian Casey of Locke Lord LLP.