Commercial Contracts

  • April 10, 2018

    Panel Questions Gas Co.'s Stake In West Texas Oil Leases

    A Texas appellate panel on Tuesday probed whether an oil and gas company had given up its stake in West Texas properties during earlier litigation in a dispute with its business partner, as the company fights for a chance to recover royalties from that stake.

  • April 10, 2018

    2nd Circ. Says AXA’s Annuity Deception Didn't Trigger SLUSA

    Claims that AXA Equitable Life Insurance Co. reduced returns for annuity buyers were revived and returned to state court Tuesday after the Second Circuit found in a published opinion that AXA's misleading a regulator did not make the case a federal matter under the Securities Litigation Uniform Standards Act.

  • April 10, 2018

    Fitbit User Seeks To Keep Alive Heart Rate Monitor Row

    A consumer accusing Fitbit Inc. of falsely advertising that its devices can accurately track heart rate on Tuesday urged a California federal court to keep his proposed class action alive because a court in the same district already determined that the statements at issue are not "nonactionable puffery."

  • April 10, 2018

    Mass. Nurses Union Seeks Toss Of Hospital's Suit Over Strike

    The Massachusetts Nurses Association on Tuesday asked a federal judge to toss a suit by a Pittsfield, Massachusetts, hospital seeking to block a one-day strike, arguing the strike was not going to be caused by any disputes the MNA had agreed to arbitrate.

  • April 10, 2018

    Royal Caribbean Gets Harvey Class Claims Nixed

    A Florida federal judge Monday dismissed a proposed class action that alleged Royal Caribbean Cruises Ltd. pressured passengers to travel to Texas for a voyage scheduled to depart while Hurricane Harvey bore down on the state, saying the claims are barred by a waiver included in the ticket contract.

  • April 10, 2018

    Jackson Lewis Snags 2 Ogletree Deakins Employment Vets

    Jackson Lewis PC has bolstered its Indianapolis office by luring two long-time labor and employment lawyers from Ogletree Deakins Nash Smoak & Stewart PC, the firm announced Monday.

  • April 10, 2018

    Capital One Hit With Proposed Class Action Over ATM Fees

    Customers have slapped Capital One NA with a proposed class action in California federal court, accusing the bank of charging fees on its own ATMs that are supposed to be fee-free and charging excessive fees on other out-of-network ATMs.

  • April 10, 2018

    Rams Can't Pause Ticket Holders' Suit During Appeal

    The NFL's Rams must move forward with discovery and trial prep in a ticket holders' suit over the team's move from St. Louis to Los Angeles while the Eighth Circuit mulls whether to review class certification, a Missouri federal judge ruled on Monday, saying the work would still be relevant to individual claims.

  • April 10, 2018

    ENGlobal Says NASCO Contract Terms Require Payment

    ENGlobal U.S. Inc. on Monday said that its consulting and engineering contract with the Native American Services Corp. spells out that it should be paid for the work it did before the agreement was canceled, urging a Texas federal judge to reject the general contracting firm's "convoluted” arguments in favor of partial summary judgment.

  • April 9, 2018

    Ex-Commish Wants Records From Ice Cube's Hoops League

    The recently ousted commissioner of Ice Cube's fledgling three-on-three basketball league filed suit Monday in Delaware for access to the company's financial records, saying staggering mismanagement — allegedly helped on by a celebrity lawyer also on the board — has exposed the league to more than $100 million of legal liability.

  • April 9, 2018

    Feds Raid Trump Atty Cohen's Office, Seize Emails

    Federal investigators searched attorney Michael Cohen's office, seizing records related to payments to adult film actress Stormy Daniels and possibly communications between Cohen and his longtime client President Donald Trump, according to reports on Monday.

  • April 9, 2018

    Ticketmaster's IP, Hacking Claims Don't Play, Scalpers Say

    Several ticket scalping-companies urged a California federal judge Monday to toss Ticketmaster’s claims that they violated copyright and cybersecurity laws by using software bots to purchase thousands of event tickets, arguing Ticketmaster was using the claims to try to inflate damages in what is actually a contract dispute.

  • April 9, 2018

    Patriot National Creditor's Bid To Continue $110M Suit Denied

    A Delaware bankruptcy judge on Monday refused to allow Aspen Specialty Insurance Co. to resume its potential $110 million Pennsylvania lawsuit against bankrupt Patriot National Inc. and its affiliates, citing in part Patriot’s fast-approaching Chapter 11 plan confirmation hearing.

  • April 9, 2018

    49ers Fans Urge Cert. In Suit Over Disabled Stadium Access

    A group of disabled football fans and concert attendees suing the San Francisco 49ers and the city of Santa Clara over a “disability access nightmare” at Levi’s Stadium asked for class certification on Monday, telling a California federal judge they had checked all the necessary boxes.

  • April 9, 2018

    Dallas Restaurateur Says Atty Betrayed Him In Tex-Mex Row

    A Dallas restaurateur embroiled in a dispute with his business partners over the rights to restaurant income and trademarks launched a blistering countersuit Monday, accusing his former lawyer of betraying his trust and stealing secret recipes and other information.

  • April 9, 2018

    Ballard Spahr Wants IP Rental Malpractice Claims Arbitrated

    Ballard Spahr LLP urged a Pennsylvania state judge to force a medical supply company to arbitrate claims that it was given bad advice by Lindquist & Vennum LLP, which Ballard merged with in September, over its ability to rent patented laser technology.

  • April 9, 2018

    Mass. Justices Say Passive Debt Buyer Doesn't Need License

    Massachusetts' top appellate court on Monday ruled debt buyer LVNV Funding LLC is not a licensed debt collector in the state, throwing out a summary judgment ruling in a suit that accused the so-called passive debt buyer of unlicensed debt collection.

  • April 9, 2018

    Nigerian Oil Co. Says Shell Won't Repay Lifted Oil

    A Nigerian energy company said Monday it has launched arbitration proceedings against Royal Dutch Shell in London, accusing the company of producing oil despite selling its investment, and arguing that the company, which is embroiled in a corruption scandal centered around the oilfield, has refused to turn over profits.

  • April 9, 2018

    Disney Tries Again To Shut Down Redbox Code Sales

    Walt Disney Co. is again asking for an injunction to bar Redbox from selling digital movies at its kiosks, six weeks after a judge refused to grant the studio a similar order on the grounds that it was misusing its copyrights.

  • April 9, 2018

    Uber Drivers Push For Punitives In 'Safe Ride Fee' Row

    A certified class of drivers accusing Uber Technologies Inc. of improperly taking a cut of their fares by instituting a $1 “safe rides fee” moved Friday to seek punitive damages against the company and slammed Uber’s attempt to split off that portion of the case.

Expert Analysis

  • Approaching Restaurant Leases As A Tenant: Part 2

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP in the final part of this article.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • The Allure And Pitfalls Of Earnouts: Part 2

    Gail Weinstein

    Given the prevalence of earnout disputes in M&A, a dispute resolution mechanism that deters litigation should be included in the acquisition agreement. The Delaware courts will not intervene in post-closing disputes, including over earnout payments, when an agreement provides a mechanism for an alternative dispute resolution, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • An Expansive View Of Noncompetes At Wis. High Court

    Robert Duda Jr.

    With its recent decision in Manitowoc Company v. Lanning, the Wisconsin Supreme Court has delivered a clear message to employers that all manner of competition restrictions may be subject to close scrutiny and analyzed the same as a traditional noncompete, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Approaching Restaurant Leases As A Tenant: Part 1

    Excerpt from Lexis Practice Advisor
    Michael Kent

    When negotiating a restaurant lease, counsel for a prospective tenant must pay close attention to the process as well as to local laws and regulations, which can sometimes vary greatly with major substantive consequences, says Michael Kent of Kent Beatty & Gordon LLP.

  • The Allure And Pitfalls Of Earnouts: Part 1

    Gail Weinstein

    Earnouts in M&A often prevent disagreements during the negotiation of the deal price only to result in post-closing disputes over the earnout itself. The most recent Delaware earnout decision, GreenStar v. Tutor Perini, provides a stark illustration of the need for clear, specific earnout-related provisions, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • 6 Not-So-Obvious Considerations For Lease Term Sheets

    Daniel Suckerman

    Tenants often rely on lease negotiations to flesh out details that could be ironed out in term sheets earlier in the process, when tenants usually have stronger bargaining power. Neglecting to address these issues early on may end up causing a lot of heartache, says Daniel Suckerman of Lowenstein Sandler LLP.