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Commercial Contracts

  • October 3, 2018

    WebMD Says It Didn't Swipe Smaller Co. Secrets, Break NDA

    WebMD Health Corp. sued a Houston-based online health care services provider in Texas federal court, seeking a determination that it did not steal trade secrets from the smaller company in violation of a confidentiality agreement inked during recently scrapped acquisition talks.

  • October 3, 2018

    EHealthline Appeals OK Of $3.5M Award To 9th Circ.

    EHealthline.com asked the Ninth Circuit on Wednesday to reverse an order confirming a $3.49 million arbitral award issued to its former joint-venture partners over a failed project to build a pharmaceutical manufacturing facility in Saudi Arabia.

  • October 3, 2018

    Gazprom Looks To Nix Award Over Pact With Poland's PGNiG

    Gazprom has challenged a Swedish arbitral tribunal's decision that Polish natural gas company PGNiG can look to renegotiate the price of its long-term gas supply contract with the Russian natural gas giant, PGNiG said.

  • October 3, 2018

    Apple Denied Bid To Pull Back Docs In Qualcomm Fight

    Apple Inc. can’t claw back dozens of documents turned over in its epic patent fight with Qualcomm Inc., a California federal judge ruled Tuesday, saying Apple failed to show that it tried to head off their inadvertent release.

  • October 3, 2018

    Ogletree Gender Bias Suit Shouldn't Be Arbitrated, Atty Says

    An attorney suing Ogletree Deakins Nash Smoak & Stewart PC for gender bias has argued that the $300 million proposed class action currently in California federal court doesn't belong in arbitration, contending that the firm presented its arbitration agreement in a misleading way and that she never actually signed it.

  • October 2, 2018

    Rakoff Sends WTA Suit Against Ex-Tennis Star To Arbitration

    Romanian billionaire and former tennis star Ion Tiriac must pause a defamation lawsuit against the Women’s Tennis Association and its CEO in Cyprus and submit to arbitration in New York, an Empire State federal court ruled on Tuesday.

  • October 2, 2018

    Firm Beats $5M Malpractice Claim, Wins $150K For Fees

    An Iowa federal jury held on Monday that a Nebraska law firm didn’t commit legal malpractice while representing a man in a suit over ownership of an insurance marketing company, awarding the firm $150,000 on its cross-claim for unpaid fees.

  • October 2, 2018

    Mexican Cement Co. Says Colo. Court Can't OK $36M Award

    A Mexican cement company has told a Colorado federal court that it lacks the jurisdiction to confirm a $36.1 million arbitral award against the company, arguing that the Bolivian investment firm seeking confirmation has not shown the case has any connection to the U.S. and that it therefore should be heard in Mexico.

  • October 2, 2018

    Doctors Say Jury Doubled Up $4.4M Judgment, Seek New Trial

    A Chicago-area orthopedics group on Monday urged an Illinois federal judge to order a new trial after it was hit with a $4.4 million verdict in a dispute with a former partner who alleged that the partnership stuck him with unnecessary expenses and fraudulently reported his earnings to the IRS.

  • October 2, 2018

    Fla. Attys Fend Off Partnership Breach Suit, Win Sanctions

    A Florida federal judge on Tuesday granted two South Florida attorneys' request for sanctions against their former partner in California and permanently dismissed what they said were frivolous claims that they had failed to pay him his fair share of profits in their cross-country partnership.

  • October 2, 2018

    Infowars Sues After PayPal Cut Ties Based On Hate Speech

    Free Speech Systems LLC, the parent company of Infowars, on Monday slapped PayPal Inc. with an unlawful business practice suit in California federal court, accusing the payments processing website of cutting ties with Infowars because of its conservative viewpoints.

  • October 2, 2018

    Munck Wilson Brings On Complex Litigation Partner In Dallas

    Munck Wilson Mandala has hired a former name partner from what is now Godwin Bowman PC to be a senior partner in Munck Wilson's Dallas office, where she brings decades' worth of experience in complex commercial litigation.

  • October 2, 2018

    Ligand Asks Chancery To Toss Costly Formula Error Suit

    Ligand Pharmaceuticals Inc. urged Delaware’s Chancery Court late Monday to throw out an “opportunistic” investor suit it said aimed to exploit a “scrivener’s error” that set up a bogus, multibillion-dollar stock conversion right for notes with a fraction of that value.

  • October 2, 2018

    Sotheby's Helped Art Dealer Overcharge $1B, Tycoon Says

    Family trusts for Russian tycoon Dmitry Rybolovlev sued Sotheby's for more than $380 million in New York federal court Tuesday, alleging that it helped an art dealer overcharge for 38 masterworks, the latest prong in the billionaire's global battle to hold the auction house accountable for "the largest art fraud in history." 

  • October 2, 2018

    GE Says It's Entitled To Atty Fees In Well Blowout Row

    Attorneys for a GE unit told a Texas state judge during a bench trial in Houston on Tuesday that it was entitled to collect close to $1 million in attorneys' fees it racked up defending itself in a product liability case stemming from a well blowout.

  • October 2, 2018

    Court Can Decide Dental Suit Arbitration Bid, Justices Told

    The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.

  • October 2, 2018

    Judge Scolds JPMorgan, Traders For 'Excessive' Redactions

    A New York federal judge has ordered both sides in a $25 million competition suit against JPMorgan Chase & Co. to refile their motions over what evidence to allow at trial without the “extremely excessive” redactions, saying that by his estimation, up to 90 percent of the redacted information should not have been concealed.

  • October 2, 2018

    Cybersecurity Co. Can't Force Arbitration Of NJ Bias Claims

    A New Jersey state appeals court on Tuesday revived a sexual harassment and gender discrimination suit against a cybersecurity business brought by a former sales associate, saying an arbitration agreement did not notify her that she was waiving the right to pursue a claim in court or go before a jury.

  • October 2, 2018

    Boeing Tries To Cut Lost Profits Claims In $1.3B Deal Row

    The Boeing Co. has urged an Alabama federal court to find that Alabama Aircraft Industries can’t pursue lost-profits damages in its suit alleging Boeing cut it out of a $1.3 billion U.S. Air Force deal, while the now-bankrupt AAI argued the parties’ agreement doesn’t bar such recovery.

  • October 2, 2018

    Gas Cos.’ Briefs Can't Replace Post-Trial Motions For Appeal

    Three Pennsylvania gas station companies’ briefs were no substitute for post-trial motions when it came to preserving matters for an appeal in a lawsuit over unpaid bills for uniforms and supplies, the Superior Court of Pennsylvania ruled Tuesday.

Expert Analysis

  • Mediation Tips For Settling Big-Dollar Business Disputes

    Robert Fairbank

    Throughout a mediation, there are times of heightened uncertainty when something might happen to swing the leverage in one side’s favor. These windows of opportunity can be maximized by a number of methods other than in-person mediation sessions and formal exchanges of settlement numbers, say Robert Fairbank and Kimberly West of Fairbank ADR.

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.