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Commercial Contracts

  • June 4, 2018

    Door Maker Seeks Return Of Trade Secrets After $1.2M Win

    An Oregon door manufacturer Friday asked a Virginia federal court to order a competitor to return or destroy trade secrets that were the subject of a $1.2 million jury award last month.

  • June 1, 2018

    Texas Justices Trim Award Against Developer In Loan Row

    Lower courts were wrong to say a Texas land developer owes $2.66 million after a jury found it failed to repay a construction loan, the state’s Supreme Court said Friday, finding that several settlements the lender reached with law firms and title companies take a chunk out of that total.

  • June 1, 2018

    Tops Markets Reaches Pension Fund Deal, Sets Up Ch. 11 Exit

    Tops Markets LLC has reached terms to settle a long-running dispute over liability for $184 million in employee benefit fund contributions, telling a New York bankruptcy court on Thursday it agreed to new collective bargaining agreements and pension liabilities that will help its bid to restructure in Chapter 11.

  • June 1, 2018

    Nuke Plant Workers Defeat Scana's Bid To Toss Class Action

    Scana Corp. can't escape from a suit alleging it shares the blame for abruptly shutting down a Westinghouse Electric nuclear reactor project without giving sufficient notice to workers, a South Carolina federal court has ruled.

  • June 1, 2018

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

    The last week has seen CIS Insurance lodge another claim against IBM, a dispute emerge between a bankrupt mini-bond scheme and its security trustee, and Chubb sue Harvey Weinstein amid a fight over who should pay the cost of defending the movie producer against sexual harassment claims. Here, Law360 looks at those and other new claims in the U.K.

  • June 1, 2018

    Texas High Court Eyes Pension Cut, Workers' Comp. Rows

    The Texas Supreme Court on Friday accepted review of cases that consider the constitutionality of recent public employee pension cuts and the legality of a workers’ compensation payback waiver used by ExxonMobil and, the company alleges, thousands of other Texas businesses.

  • June 1, 2018

    Murphy Scores Texas High Court Win Over Eagle Ford Well

    The Texas Supreme Court on Friday sided with Murphy Exploration & Production Co. in a 5-4 decision, holding that an “offset well” clause in a pair of Eagle Ford Shale leases required it only to drill a test well, not to protect the oil and gas underlying the property in question from drainage.

  • June 1, 2018

    'Endless' Challenges Don't Bar OK Of $36M Award, Co. Says

    A Bolivian investment firm urged a Colorado federal court to confirm a $36.1 million arbitral award against a Mexican cement company following a dispute stemming from a shared investment, arguing that an "endless barrage" of challenges in Bolivia don't mean the company can escape its obligations.

  • June 1, 2018

    Calif. Court's OK Of $414M Award Nixed Over Bad Service

    A California appeals court on Friday axed confirmation of a $414 million arbitral award against a Chinese font company that said it had never been properly notified of the underlying arbitration, concluding its agreement on service with an American investment partnership didn't trump an applicable international treaty.

  • June 1, 2018

    BladeRoom Wants $60M Punitives With $30M Trade Secret Win

    BladeRoom Group Ltd. urged a California federal court to order Emerson Electric Co. to pay $60 million in punitive damages — on top of a $30 million jury award — for “willfully and maliciously” stealing BladeRoom's trade secrets to build a massive Facebook data center.

  • June 1, 2018

    DC Circ. Backs FERC Decision On Ark. Settlement Payments

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission’s decision that Entergy Arkansas must share the benefits of a coal-transport settlement with other utilities in a multistate arrangement, even though Entergy Arkansas has since left the group.

  • June 1, 2018

    Sundt Construction GC Eyes Way To Spread Out Contract Risk

    Contractors and subcontractors are exploring a nascent contract model that involves sharing risk and reward across all parties working on construction projects, an idea that has the potential to create more certainty and a more level playing field for various parties involved, Sundt Construction General Counsel Ronald Stuff told Law360 in a recent interview.

  • May 31, 2018

    Anthem, Express Scripts Fight Pricing Suit In 2nd Circ.

    Anthem Inc. and Express Scripts Inc. told the Second Circuit on Wednesday that a New York federal judge correctly ruled the companies didn’t act as fiduciaries when setting drug prices, so they couldn’t have breached their fiduciary duties under the Employee Retirement Income Security Act by allegedly overpricing medication.

  • May 31, 2018

    Car Seat Maker Gets Attys’ Fees In Contract Dispute

    A Florida federal judge awarded children’s car seat maker Inspired Products Group LLC more than $200,000 in attorneys’ fees Thursday, ruling that a state statute providing for the fees applies in the contract dispute over patents for KidsEmbrace-branded child car seats.

  • May 31, 2018

    Medley Capital Wants All Legal Fees Paid In CK Pearl Suit

    Medley Capital LLC filed suit in Delaware Chancery Court Thursday demanding that investment funds CK Pearl Fund Ltd. and CK Pearl Fund LP pay $380,000 in outstanding costs for its defense against claims in a New Jersey court case that Medley intentionally overvalued CK Pearl’s assets in an effort to boost its own fees.

  • May 31, 2018

    Lyft Slips Drivers' Pay Calculation Method Suit, For Now

    A New Jersey federal judge on Thursday dismissed a putative class action alleging Lyft Inc. pays drivers less than what they are owed under the calculation method stated in the terms of drivers' contracts, but gave the drivers a chance to fix problems with their breach of contract claim.

  • May 31, 2018

    'Copycats' Can't Push Zetia Antitrust MDL To NY, Panel Told

    The Judicial Panel on Multidistrict Litigation on Thursday questioned the motives of attorneys requesting the centralization of suits claiming Merck & Co. Inc. conspired with a generics maker to stifle competition for its drug Zetia, with one panel judge asking whether the real fight was over the appointment of lead counsel.

  • May 31, 2018

    Atty Not Liable For Hubby's Malpractice, 3rd Circ. Told

    An attorney has told the Third Circuit that she cannot be held vicariously liable for the alleged negligence of her lawyer husband in botching a former Wakefern Food Corp. employee’s wrongful termination suit against the business, because that client did not rely on the couple’s purported legal partnership in retaining her husband's services.

  • May 31, 2018

    Split Texas Court Says Oil Price Drop No Act Of God

    A divided Texas appeals court on Thursday sided with ConocoPhillips Co. in its contract dispute over a drilling project with TEC Olmos and Terrace Energy Corp., agreeing with the energy giant that a drop in oil prices doesn't constitute an act of God that would excuse a breach of contract.

  • May 31, 2018

    Morgan Stanley Loses Arbitration Bid In Row With Fired Exec

    Morgan Stanley must settle in court the question of whether an email gave adequate notice of an agreement requiring arbitration of employment-related claims, a New Jersey federal judge ruled Wednesday in a suit filed by a former executive who says he was wrongfully fired because of past addictions.

Expert Analysis

  • 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.

  • What To Expect When Litigating Smart Contract Disputes

    David Zaslowsky

    As smart contracts continue to grow more popular, it is worth looking at the unique issues that will arise in litigating smart contract disputes, like the question of who can be held liable when coding errors interfere with a contract's intended function, says David Zaslowsky of Baker McKenzie.

  • A Cautionary Tale For Sublicensees

    John Loughnane

    Sirius Radio has been defending itself against a patent infringement suit that deserves the attention of any party that has ever sublicensed rights. The case is a reminder that a sublicensee whose licensor commences bankruptcy should pay close attention to the proceedings and take appropriate action, says John Loughnane of Nutter McClennen & Fish LLP.

  • Navigating The Protections Of Various Lien Waivers

    Brent Meyer

    Since jurisdictions vary, a company’s standard form lien waiver could miss opportunities to protect, or under certain circumstances completely fail to protect, against claims from parties involved with a construction project. These missed opportunities should be considered and weighed when deciding whether to use a standard form lien waiver on every project, says Brent Meyer of Husch Blackwell LLP.

  • Opinion

    Music Licensing Reform Is Singing The Same Old Song

    Thomas Lenard

    The recently introduced Music Modernization Act has received widespread support from most parts of the industry and would be an improvement over the status quo. However, the MMA reinforces many of the long-standing aspects of music licensing that hinder competition, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business​​​​​​​.