Commercial Contracts

  • February 6, 2018

    NBC Pushes To Arbitrate $30M 'Housewives' Defamation Suit

    NBC Universal asked a Florida federal judge Monday to force the ex-business partner of “Real Housewives of New Jersey” star Melissa Gorga to arbitrate her $30 million defamation claims against Gorga, NBC and the show's executive producer Andy Cohen because of an agreement she signed.

  • February 5, 2018

    5th Circ. Says Ohioans Can Be Sued For Fraud In Texas

    The Fifth Circuit on Monday revived a suit brought by a Texas-based art and guns collector accusing an Ohio auction house of fraud and breach of contract, saying the fraud claim can be asserted in Texas because the auction house's president actively participated in a conference call to Texas.

  • February 5, 2018

    ICSID Had Record Caseload In 2017, Report Says

    The International Centre for the Settlement of Investment Disputes said Friday it registered a record number of cases last year, with the most involving states in Eastern Europe and Central Asia, while it also strove to appoint a diverse collection of arbitrators.

  • February 5, 2018

    Jury Awards Developer $26M In Fight Over Miami-Area Condos

    A jury has awarded the developer of the luxurious Prive Island Estates $26 million after finding that the homeowners association on a neighboring island breached an agreement not to object to construction of other projects on the islands near Miami.

  • February 5, 2018

    Disney Seeks Early Block On Redbox Digital Movie Sales

    Disney on Monday urged the California federal judge overseeing its copyright infringement suit against Redbox to temporarily block the rental kiosk company from selling digital downloads of its movies, while Redbox fought the injunction bid by arguing there's no contractual language in place to prevent its actions.

  • February 5, 2018

    FCC Clears DirecTV On Hawaii TV Broadcast Spat

    Federal Communications Commission staff cleared DirecTV on Monday of a complaint that it failed to negotiate retransmission with a Hawaii broadcast television station in good faith, finding instead that the satellite provider didn’t need to offer financial compensation and needed a counteroffer before it was required to respond.

  • February 5, 2018

    Comcast Rival Hits Back In Sports Network Dispute At FCC

    West Coast cable company Wave Broadband has hit back at an attempt by Comcast Cable to quash allegations it extracted from Wave a $3.5 million “punitive ransom” for regional sports programming, telling the Federal Communications Commission that Comcast’s procedural arguments are a “distraction built on a fiction.”

  • February 5, 2018

    Fed. Circ. Backs Toss Of AbbVie's Humira License Suit

    The Federal Circuit on Monday affirmed the dismissal of a declaratory judgment suit AbbVie filed seeking to invalidate a patent it licensed from MedImmune for use in the blockbuster drug Humira, ruling the suit can’t proceed because it wouldn’t resolve the companies’ license dispute.

  • February 5, 2018

    Ford Fends Off Patent Atty's 'No Poaching' Suit

    A suit from a Michigan lawyer casting herself as the victim of a conspiracy led by a Ford Motor Company lawyer to keep her from getting hundreds of potential jobs should be thrown out, a federal magistrate said Monday.

  • February 5, 2018

    NextEra Says Group Shut Access To Personnel Database

    NextEra Energy sued the Nuclear Energy Institute in Florida on Friday, claiming the nuclear industry trade group retaliated against the utility company for leaving the group by cutting off access to a database used for screening nuclear power plant workers.

  • February 5, 2018

    Samsung Seeks US Block Of Huawei’s China Patent Injunction

    Samsung asked a California federal judge Thursday to block Chinese smartphone maker Huawei from enforcing an injunction it won in China last month ordering Samsung to stop making or selling devices that infringe two Huawei patents found to be essential to industry standards for 4G wireless technology.

  • February 5, 2018

    Apple Fights Deadline Sanctions In Qualcomm Antitrust Row

    Apple urged a California federal court on Friday to reverse a $300,000 sanctions order imposed for missing a deadline to produce documents requested by Qualcomm in antitrust litigation against the chipmaker over its licensing practices, saying it should have been given a warning as a third party.

  • February 2, 2018

    'Grand Theft Auto' Maker's Insurer Seeks Out Of Royalty Row

    Beazley Insurance Co. Inc. asked a New York court Friday to find that Take-Two Interactive Software Inc. is not entitled to coverage for a lawsuit brought by a former top-level video game producer who claims he was cheated out of profits made from the "Grand Theft Auto" franchise, saying the underlying action doesn't seek any covered damages.

  • February 2, 2018

    Sixth Circ. Says City Approval Needed FM Station Upgrade

    A Christian radio station in Riverview, Michigan, cannot upgrade broadcast equipment on a city-owned radio tower without approval from the city, a Sixth Circuit Panel ruled Monday, affirming a lower court’s finding that such approval was required by the station’s lease allowing it to place equipment on the tower.

  • February 2, 2018

    11th Circ. Seeks Clarity For Shipping Row Arbitration Forum

    An Eleventh Circuit panel appeared to make some progress Friday in untangling apparent conflicts in an arbitration agreement and resolving whether a dispute over a ship chartering contract should be moved to London or New York from Miami — eliciting some potentially key concessions during oral arguments.

  • February 2, 2018

    Biomed Co. Appealed Too Late In Trade Secrets Row: 7th Circ.

    German bone cement manufacturer Heraeus Kulzer GmbH was dealt a blow by the Seventh Circuit on Thursday, which ruled the company had not appealed in a timely fashion in relation to a trade secrets dispute with competitor Biomet Inc. 

  • February 2, 2018

    Mass. Appeals Court Upholds $16.6M VAT Claim

    The Massachusetts Appeals Court on Friday upheld a trial court decision in favor of a corporation that claimed $16.6 million in value-added tax receivables carried on the balance sheet of a subsidiary that it sold for $1.2 billion.

  • February 2, 2018

    Chuck Norris Sues CBS, Sony For $30M Over Unpaid Profits

    Chuck Norris has hit CBS and Sony with the legal equivalent of a roundhouse kick to the face in California court, suing both companies for $30 million via his company Top Kick Productions on claims they broke contractual promises to share 23 percent of “Walker, Texas Ranger” profits.

  • February 2, 2018

    Weinstein Co. Hit With $7.2M Suit Over ‘Paddington 2’

    A Canadian company hit The Weinstein Co. in California state court with a suit alleging the film studio breached a contract giving the Canadian company the right to distribute "Paddington 2" in Canada, costing it $7.2 million.

  • February 2, 2018

    Tampa Bay Rays Concession Co. Moves To Nix Contract Suit

    A Tropicana Field food, beverage and merchandising company sued by the Tampa Bay Rays over an expiring 20-year exclusive concession agreement asked a Florida federal court Friday to toss the team’s breach of contract suit, saying the case is legally defective because the concessionaire did no wrong.

Expert Analysis

  • 7 Major Revisions To Standard Form Construction Contracts

    Brent Meyer

    Every decade, the American Institute of Architects issues revisions to the standard construction contract documents widely used in the industry to delegate various obligations and rights leading up to and during a construction project. Brent Meyer of Husch Blackwell LLP identifies this year’s major revisions and the parties impacted by each change.

  • Key Areas For Reviewing Software-As-A-Service Agreements

    Jane Song

    Agreements for software-as-a-service are often provider favorable and not subject to much negotiation. Still, customers should focus on material areas and attempt to improve on the key terms and conditions present in such agreements, say Jane Song and Ryan Enchelmayer of Paul Hastings LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Drafting Tips For Real Estate Purchase And Sales Agreements

    William Hof

    When negotiating a real estate purchase and sale agreement, parties are often unpleasantly surprised or disappointed by what initially seemed to be minor points. Parties would be well-served to give the details the time they deserve in order to ensure that the agreement delivers the anticipated result, says William Hof of Husch Blackwell LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Idea Theft And Free Speech: A 9th Circ. Victory For Writers

    Glen Kulik

    The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.

  • Reasonable-Royalty Lessons From Prism V. Sprint

    Karen Romrell

    The U.S. Supreme Court recently declined to take up Sprint’s appeal, upholding Prism’s patent damages award. Here, Karen Romrell of Hampton IP & Economic Consultants LLC discusses various aspects of prior licenses and settlement agreements as set forth in Prism v. Sprint, along with other court decisions, to assist damage experts in determining a reasonable royalty.

  • ICSID Continues To See Strong Treaty Arbitration Growth

    Anna Biasiolo

    According to its 2017 annual report, the International Centre for Settlement of Investment Disputes has administered more than 70 percent of all known international investment proceedings. Competition from other venues is clearly not affecting ICSID’s position as the world leader in investor-state dispute settlement, says Anna Biasiolo of BonelliErede.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.