Commercial Contracts

  • August 4, 2017

    Ultrasound Co. Says Its Arbitral Award Nearly Doubled

    An ultrasound device company told a Washington federal court Thursday it has nearly doubled a $2.91 million arbitral award it won against a Korean competitor accused of ripping off its confidential information, after an arbitrator issued his decision on attorneys' fees and costs.

  • August 4, 2017

    Grocery Chain Is Refused Jury Trial In $85M Contract Case

    A Nebraska federal judge on Thursday approved a magistrate judge’s order striking down a grocery chain’s demand for a jury trial in an $85 million grocery supply contract dispute.

  • August 4, 2017

    ESPN Says No Copyright Breach From Football Documentary

    ESPN and a documentary producer urged a Mississippi federal judge Thursday to throw out a copyright suit by the creator of a 2004 documentary about a paralyzed college football player, saying there is no evidence to support his claim that the companies unlawfully used footage from his film.

  • August 4, 2017

    Jay Z Logo Suit Had 99 Problems But New Sanctions Ain’t One

    A New York federal judge declined Thursday to impose sanctions on counsel for either rapper Jay Z or the man who unsuccessfully sued him for $7 million in allegedly owed royalties for his role in designing the logo for Roc-A-Fella Records LLC in 1995.

  • August 4, 2017

    Consulting Co. Tries To Nix Atty DQ Bid In Trade Secrets Row

    A business management consultant company on Thursday asked an Illinois federal judge to reject a request from a former employee it’s suing for allegedly stealing trade secrets to disqualify one of the company’s attorneys who had previously represented the employee, saying the lawyer only consulted with her for less than 20 minutes.

  • August 3, 2017

    Express Scripts Can't Dodge PE Firm's Fraud Suit

    A Delaware state court has refused to throw out a lawsuit from a private equity firm claiming an Express Scripts unit swindled it into paying $50 million too much for a company specializing in clinical trial technology, teeing up a trial to take place next February.

  • August 3, 2017

    Highland Can't Jump-Start Credit Suisse Deceptive Loan Suit

    A Texas appellate court ruled Wednesday against subsidiaries of Highland Capital Management LP in their bid to revive a suit stemming from claims a Credit Suisse unit deceptively marketed loans for resorts and high-end residential communities.

  • August 3, 2017

    PwC Fined $1M By PCAOB Over Merrill Lynch SEC Violation

    The Public Company Accounting Oversight Board hit PricewaterhouseCoopers LLP with a $1 million fine Wednesday in connection with Merrill Lynch's violation of the "no-lien" requirement for customer accounts under the U.S. Securities and Exchange Commission's Customer Protection Rule.

  • August 3, 2017

    Calif. Court Rules Iskanian Can't Shield Worker's Wage Claim

    A California-based engineering and construction company won a remand of an employee’s unpaid wages suit when the state appeals court on Wednesday found that the Golden State’s Iskanian rule doesn’t protect claims for worker damages from arbitration.

  • August 3, 2017

    Quinn-Uber Split Shows Hard Choices Of GC Rate Pressure

    Quinn Emanuel’s decision to cut loose Uber last year over a bargain-basement rate deal reveals that tensions with corporate clients persist, despite some BigLaw concessions and the ascent of so-called in-house “portfolio” legal pricing, experts say.

  • August 3, 2017

    Venezuela Asks DC Circ. To Upend $1.2B Award To Crystallex

    Venezuela urged the D.C. Circuit on Wednesday to nix a district court decision confirming a $1.2 billion arbitral award issued to a Canadian mining company over a canceled mine operating contract, saying the lower court wrongly failed to address whether the tribunal miscalculated the damages.

  • August 3, 2017

    Lighting Co. Asks To Serve Ex-Distributor Through Facebook

    LED lighting manufacturer Cree Inc. asked a Wisconsin federal court Wednesday to let it serve the Mexican affiliate of BHB Energy through its Facebook page, claiming the affiliate is attempting to stonewall Cree’s efforts to rope it into a suit seeking to arbitrate a dispute stemming from a distribution agreement.

  • August 3, 2017

    Spanish Co.'s $1.5M Award Should Be Confirmed, Judge Finds

    A federal magistrate judge in Florida recommended on Wednesday that a $1.5 million arbitration award issued to Spanish satellite operator Hispasat SA should be affirmed, rejecting Bantel Telecom LLC’s argument that the Madrid-based arbitrator was biased toward a company also based in the city.

  • August 3, 2017

    Wells Fargo Must Pay Telecom Cos. $1.7M In Diverted Funds

    A group of seven unpaid telecom subcontractors has won a $1.7 million judgment against Wells Fargo in New York federal court after suing the bank to recoup payment held in a bank lock box from a now-defunct contracting firm that installed communications equipment in New York City schools.

  • August 3, 2017

    NJ Hedge Fund Owner Can't Duck Charges In $4M Scheme

    A New Jersey federal judge has ruled that FBI agents' failure to preserve evidence did not warrant tossing criminal charges against a purported hedge fund owner accused of stealing $4 million from investors, finding that he has not been prejudiced and that the government did not act in bad faith.

  • August 2, 2017

    Alliant Calls Wells Fargo Suit An Anti-Competitive 'Ploy'

    Alliant Insurance Services Inc. said Wednesday that a Delaware Chancery lawsuit from Wells Fargo Insurance Services USA accusing it of using confidential information from a failed merger to lure away employees was “patently false” and a “baseless legal ploy” to stifle competition.

  • August 2, 2017

    Romanian Oil And Gas Row Moved From Miss. To Texas

    A Mississippi federal judge on Wednesday sent a contractual dispute between two Romanian oil and gas exploration companies stemming from a joint operating agreement for oil production rights in Romania to a Texas federal court, leaving the question of whether the dispute must be arbitrated for another day.

  • August 2, 2017

    Bosch's German Appliance Unit Seeks OK Of $2.7M Award

    Bosch's home appliance arm, German company BSH, has asked a New York federal court to confirm an arbitration award of over $2.7 million against a Turkish man stemming from a dispute involving a share purchase agreement, saying a Manhattan apartment he rents out could satisfy the award.

  • August 2, 2017

    8th Circ. Affirms Halt Of Tribal Court Oil & Gas Royalty Suit

    The Eighth Circuit on Wednesday upheld a decision halting a Three Affiliated Tribes member’s tribal court lawsuit accusing an oil and gas exploration company of failing to fully pay him under a royalty interest deal, saying a forum selection clause prevents disputes from playing out there.

  • August 2, 2017

    ServiceMesh CEO To Disclose SEC Subpoena In Fees Fight

    Attorneys for ex-ServiceMesh Inc. CEO Eric Pulier were directed Wednesday to share a previously undisclosed U.S. Securities and Exchange Commission subpoena and enforcement action notice with lawyers for the company’s successor, during arguments in Delaware over Pulier’s legal fees.

Expert Analysis

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • A Buyer’s Guide To Carelessly Losing Indemnification Rights

    Craig Godshall

    The recent case of Davis v. EMSI Holding reminds us that basic Delaware law can defeat even the most well-crafted indemnification arrangements in a private company stock acquisition, says Craig Godshall of Dechert LLP.

  • The Risks Of Releasing Privileged Investigative Reports

    Nicholas Goldin

    The recent D.C. federal court decision in Banneker Ventures v. Graham underscores the close analysis that should accompany a decision to publicly disclose even a summary of an internal investigation that was conducted under the attorney-client privilege, say Nicholas Goldin and Yafit Cohn of Simpson Thacher & Bartlett LLP.

  • 3 Labor Law Issues All Employers Should Follow

    Jordan Faykus

    Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Contract Challenges With Selling 'Dualed' Auto Dealerships

    Sara Decatur Judge

    A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.