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Commercial Contracts

  • January 3, 2019

    GYNs Get Third Try At Cynosure 'Vaginal Rejuvenation' Suit

    Two gynecological practices can file a second amended complaint against cosmetic laser maker Cynosure, a Boston federal judge ruled Thursday, directing them to include more specific information about how the company allegedly duped them into buying its MonaLisa Touch product by marketing it for so-called “vaginal rejuvenation.”

  • January 3, 2019

    Appeals Court Wipes Out $45M In West Texas Oil Lease Fight

    A Texas appellate court axed about $45 million of a jury award stemming from a dispute between business partners who planned to buy oil and gas leases and flip them for a profit, holding there wasn't enough evidence to show an actual partnership between the members or a conspiracy to cut some out of the deal.

  • January 3, 2019

    Russian Auto Co.'s $58M Suit Against Banker Revived

    A New York state appeals court revived a $58 million lawsuit by a Russian auto sales company against a former banker on Thursday, saying a Manhattan judge was wrong to find that a related case in federal courts had addressed the same issues.

  • January 3, 2019

    Ticket Whiz Tells Jury Rival Poached Valuable Pricing Tech

    Entrepreneur Shmuel "Sam" Sherman told a Manhattan federal jury Thursday that rival Drew Gainor poached his software allowing resale brokers to automatically reprice their tickets, arguing that Gainor should pay damages for conduct giving him unfair advantage in a multibillion-dollar market.

  • January 3, 2019

    Travelers Wins Atty Fees Spat In Litigation Coverage Dispute

    Travelers acted reasonably when it initially refused to reimburse a pipe manufacturer for attorneys' fees linked to a Canadian lawsuit over allegedly defective water pipes, a Washington federal judge said Thursday.

  • January 3, 2019

    Vet Cheated, Defamed Gov't Contractor, Suit Says

    A government contractor is suing a veteran-owned business in Florida state court for allegedly taking money from an escrow account tied to a Veterans Administration deal and then disparaging the contractor, causing it to lose another lucrative VA contract.

  • January 3, 2019

    Franchisee Asks To Dodge Arbitration After Closing Eateries

    The franchise owner of nine closed Dickey's barbecue restaurants urged a California federal court Wednesday to stop the chain from forcing him into arbitration over whether he breached his franchise agreements by closing the eateries, saying the arbitration provisions are unenforceable.

  • January 3, 2019

    InterDigital Accused Of Unfair Terms For Telecom Patents

    A Swiss technology company has accused InterDigital Inc. in California federal court of demanding unfairly high royalty rates for its patents, deemed essential to wireless telecommunications, violating the mobile technology company's licensing obligations and illegally monopolizing the wireless industry.

  • January 3, 2019

    American Airlines Urges FERC To Rein In Pipeline Co.'s Rates

    American Airlines Inc. told the Federal Energy Regulatory Commission on Wednesday that Colonial Pipeline Co. collected $321 million via excessive rates for transporting jet fuel and other petroleum products in 2017, the latest complaint lodged against the liquids pipeline giant for allegedly charging unjust and unreasonable rates.

  • January 3, 2019

    2nd Circ. Sides With Citi In Forex Traders' Markup Suit

    The Second Circuit on Thursday said a pair of Mexican foreign exchange traders could not revive a lawsuit alleging Citibank took $20 million by illegally marking up their foreign exchange spot orders without their knowledge or consent, saying the men failed to demonstrate the existence of a breach of contract or fraudulent activity.

  • January 3, 2019

    Investor Wins Fraud Ruling Against $200M Ponzi Schemer

    A real estate investor notched a partial victory Thursday against convicted Ponzi schemer Eliyahu Weinstein over claims he bilked various parties out of millions of dollars, with a New Jersey federal judge ruling in the victim’s favor on fraud and related counts but denying him a win on racketeering counts.

  • January 3, 2019

    XTO Energy Hit With Suit Over 'Grossly Negligent' Operation

    Exxon Mobil Corp. subsidiary XTO Energy has been hit with a lawsuit by the partial owner of oil and gas wells in New Mexico, alleging for years it has been “grossly negligent” in its operations by overcharging for overhead expenses and running dozens of unprofitable wells.

  • January 3, 2019

    Amazon Unit's Award Confirmed In UK Author Royalties Row

    A Washington federal court has confirmed an Amazon unit's arbitration award that prohibits a British man and his book publishing companies from artificially inflating author royalties under the Kindle self-publishing program.

  • January 3, 2019

    Cornell Housing Project Fight Not Over, Subcontractor Says

    A subcontractor accused of performing subpar work on a Cornell University student housing project urged a New York federal judge Wednesday to block the general contractor’s bid to escape counterclaims related to an alleged failure to make payments under the contract, saying there are factual issues that still need to be resolved.

  • January 2, 2019

    LA Siblings Win $34M In Row Over Reclaimed Property In Iran

    A pair of Iranian-American siblings have won a $34.5 million judgment in a California court against a family friend who was hired to reclaim and sell properties their parents abandoned in Iran when fleeing the Islamic Revolution but kept profits and properties for himself.

  • January 2, 2019

    Chancery Clears Contract Cutoff In Startup IP Tech Feud

    Delaware’s Chancery Court ruled Wednesday that New York-based technology company Touchstream Technologies Inc. rightfully scrapped a contract in 2017 with an intellectual property licensee over an unapproved attempt to sublicense Touchstream’s own IP to a third party.

  • January 2, 2019

    Pa. Restaurants Sue Grubhub Over 'Sham Phone Orders'

    A pair of Philadelphia-area Indian restaurants filed a proposed class action against Grubhub Inc. in a Pennsylvania federal court this week, alleging that the online-ordering company improperly routed phone calls through its system and charged restaurants a commission on them even if they didn’t result in food orders.

  • January 2, 2019

    Loblaw Must Pay $3.2M Award Over Soured Deal, Court Told

    A South Korean corporation and its parent company are asking a New York federal court to confirm a more than $3.17 million arbitration award stemming from claims that Canadian retailer Loblaw and a subsidiary flouted an agreement to expand their Joe Fresh fashion brand to Asia.

  • January 2, 2019

    Texas Midstream Co. Sues To Keep Millions In Payments

    Targa Channelview LLC has asked a Texas state court to declare that Vitol Americas Corp. cannot ask for the return of over $100 million it paid to Targa after terminating a contract for the construction of a crude oil storage and processing facility, arguing their agreement forbids it.

  • January 2, 2019

    FTC, Qualcomm Tee Up Arguments Before Antitrust Trial

    Qualcomm has outlined its defense for the trial slated to begin Friday over Federal Trade Commission allegations that the chipmaker used its monopoly to force cellphone makers into unfair agreements, claiming its deals are the result of negotiations with “sophisticated” parties.

Expert Analysis

  • Considering Blockchain In The Electricity Industry

    Mark Sundback

    Because blockchain could fundamentally change how electricity is supplied and consumed in the future, traditional utilities should consider ways to leverage this technology, while regulators must update practices that impede the use of blockchain in the industry, say attorneys at Sheppard Mullin Richter & Hamilton LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • A Guide To Reclassifying Calif. Workers Post-Dynamex

    Camille Gustafson

    As the tax year ends, many employers are looking for guidance on how to transition independent contractors to part-time, on-call employees in light of the California Supreme Court’s Dynamex decision. The keys are thoughtful planning and careful communications, says Camille Gustafson of Paul Plevin Sullivan & Connaughton LLP.

  • Addressing Workplace Misconduct With Exec Compensation

    Excerpt from Lexis Practice Advisor
    John Utz

    Compensation committees may find value in reflecting a new public attitude toward workplace sexual misconduct in the structure of their companies’ executive pay programs. John Utz of Utz & Lattan LLC discusses how employers can design compensation packages to discourage or censure such misconduct.

  • The Challenge Iran Sanctions Pose For EU Operators

    Michael Casey

    On Nov. 5, the United States will reimpose economic sanctions that target Iran but will also impact many European companies. The interaction between U.S. and EU sanctions regimes will create novel legal issues and compliance challenges for European companies with ties to the U.S., say attorneys at Kirkland & Ellis LLP.

  • Lehman Highlights Challenges Of Cross-Border Settlements

    Jeffrey Murphy

    The Southern District of New York recently reversed a bankruptcy court order that disallowed and expunged claims against Lehman Brothers Holdings Inc. related to an English settlement. The case is a reminder that cross-border issues can affect the enforcement of U.S. guarantees, say attorneys with Dentons.

  • Fiscal Sponsorship: Opportunities And Risks For Nonprofits

    George Constantine

    As the time and hassle of obtaining tax-exempt status increase, the charitable-minded are turning to "fiscal sponsorships" as an alternative. A well-drafted agreement that clearly defines each organization's role is key to obtaining the desired tax treatment, say George Constantine and Christopher Moran at Venable LLP.

  • 8 Operating Agreement Tips For Funds Seeking Financing

    Kris Henman

    Private equity and venture capital investment funds are increasingly interested in entering into credit facilities, but a fund's limited partnership or operating agreement must be drafted to satisfy the lender’s diligence requirements. Attorneys with Troutman Sanders LLP look at the clauses that are typically flagged by lenders' counsel.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.