Commercial Contracts

  • September 29, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a slew of asset managers' funds sue a Turkish infrastructure and transportation firm, more competition claims against Visa and a corporate finance advisor lodge a suit against private equity firm Sun European Partners. Here, Law360 looks at those and other new claims in the U.K.

  • September 28, 2017

    NFL Seeks To Keep Alive NY Suit Over Elliott Suspension

    A New York federal judge on Thursday ordered the NFL and the players union to meet and discuss a potential stay of the league’s New York lawsuit to affirm Dallas Cowboys star running back Ezekiel Elliott’s six-game domestic violence suspension while the Fifth Circuit determines whether the union properly filed its prior challenge in Texas federal court.

  • September 28, 2017

    AT&T Seeks Quick Win On Claims It Owes $19M In Fees

    AT&T Corp. urged a California federal judge Thursday to throw out allegations it shorted local phone company O1 Communications Inc. of $19 million in long-distance interconnection fees, arguing an appeals court had already found the rates were inflated in violation of federal regulations.

  • September 28, 2017

    Texas Power Co-Op Members Must Arbitrate Class Claims

    A Texas appellate court on Thursday said members of the Sam Houston Electric Cooperative must arbitrate claims they brought in a putative class action alleging the co-op overpaid its managers and failed to return unused revenues to members.

  • September 28, 2017

    Embattled $12B Student Loan Group Hits Legal Fee Logjam

    Lawyers representing trusts that own $12 billion in student loans accused a loan servicer and Wilmington Trust Corp. late Wednesday of wrongly refusing to issue payments to attorneys for legal services in a recent, and still unconfirmed, $22 million settlement with regulators over bogus collections.

  • September 28, 2017

    Pa. Justices Say Developer's Recusal Bid Came Too Late

    The Pennsylvania Supreme Court on Thursday declined to revive a 20-year dispute over allegedly unpaid flooring work, ruling the judge in the bench trial was right to deny the property owner’s request that the entire county’s bench recuse itself because one of the judges had a financial stake in the case.

  • September 28, 2017

    Telecom Lands Quick Win In Axed TV Station Deal

    An Ohio federal judge on Wednesday concluded that allowing the owners of a local TV station to pull out of an agreement to sell certain assets to Novia Communications would be an injustice, handing Novia a partial quick win in a lawsuit it filed over the nixed deal. 

  • September 28, 2017

    LA Tech Exec, Banker Charged With $98M Fraud Scheme

    Technology entrepreneur Eric Pulier and an Australian bank executive were hit with criminal and civil charges in Los Angeles federal court on Wednesday for allegedly rigging a software sale that prompted a $98 million payout to Pulier and other shareholders in his company.

  • September 28, 2017

    Mass. Hospital Sues To Block Nurses' Strike

    A Massachusetts hospital on Wednesday asked a federal court to block an upcoming one-day strike planned by the Massachusetts Nurses Association, arguing the nurses are still bound by a contract with a no-strike provision.

  • September 28, 2017

    Developer Gets Partial Quick Win In Failed Wind Project Suit

    A Minnesota federal judge on Wednesday handed a partial quick win to a wind energy developer in a suit over a failed business venture related to wind energy developments with Native American tribes, saying there was insufficient support for some of the fraud claims lodged against the company.

  • September 28, 2017

    Marriott Loses Stay Bid In Time-Share Purchasers' Suit

    Marriott lost its bid Wednesday in Florida federal court to win a stay in litigation brought by time-share purchasers alleging the company and its insurer duped them into invalid real estate deals, with the judge ruling that he won’t stop proceedings so a state agency can review the case.

  • September 27, 2017

    Halloween Costume Maker Spooked By Alleged Kmart Rip-Off

    A New Jersey-based costume maker known as Rasta Imposta claims Kmart is infringing its copyright by peddling an imposter banana suit this Halloween season, according to a complaint filed Wednesday.

  • September 27, 2017

    PE Firm Wins Bid To Arbitrate Fight Over Mexico Property Sale

    A California federal judge on Tuesday ordered a Mexican industrial real estate buyer to arbitrate its dispute accusing a Los Angeles-based private equity firm of failing to disclose that the $15 million facility it sold the company was overrun by a drug cartel, finding the parties’ contract contained valid arbitration and forum selection clauses.

  • September 27, 2017

    Juice Co. Must Face Del Monte Suit Over Ties To Grower

    A Miami federal judge refused Wednesday to dismiss Fresh Del Monte Produce Inc.'s suit accusing a juice company of interfering with a contract with a pineapple grower that now owes Del Monte $32 million.

  • September 27, 2017

    Dallas Restaurateurs Battle Over Rights To Celeb Chef's Name

    As a Dallas restaurant ownership group on Wednesday asked a Texas appeals court to block a celebrity chef from using his own name and likeness to promote competing restaurants, the court questioned whether limits on the chef’s publicity equate to a noncompete agreement.

  • September 27, 2017

    Czech Republic Wins Dismissal of $374M Arbitral Award

    A D.C. federal judge refused Wednesday to enforce a 2008 arbitral award worth approximately $374 million, which was issued to a Liechtenstein-based medical technology company following a dispute with the Czech Republic, concluding it was not a final enforceable award.

  • September 27, 2017

    Airbnb Must Answer For Rowdy Guests, Landlord Says

    An apartment complex owner pursuing a class action against Airbnb alleging rowdy guests cost money and disturb long-term tenants urged a California federal court on Wednesday not to dismiss its suit, arguing Airbnb is "dead wrong" to say it doesn't share responsibility for breaches in the owner’s lease provisions.

  • September 27, 2017

    Sheppard Mullin Can Arbitrate Claim It Bungled $50M RE Deal

    A California judge Wednesday granted Sheppard Mullin Richter & Hampton LLP’s request to arbitrate a bankruptcy trustee’s suit accusing the firm of bungling a $50 million California real estate deal, saying the trustee is bound by an arbitration agreement signed by the debtor company.

  • September 27, 2017

    Construction Co. Seeks OK Of $60M Award Against Tanzania

    A Japanese construction company asked a D.C. federal court on Tuesday to sign off on a more than $60 million arbitral award issued against several Tanzanian government agencies following a stymied road improvement project.

  • September 27, 2017

    Warner Bros. Ordered To Give Stallone Film Profit Docs

    A California judge overseeing Sylvester Stallone’s suit accusing Warner Bros. Entertainment Inc. of concealing his “Demolition Man” revenue share ordered the studio Wednesday to provide documents for the film’s other profit participants, saying the information is necessary for the actor to fully litigate his claims.

Expert Analysis

  • The Working Capital Adjustment Dispute That Never Was

    Brian Lamb

    In Chicago Bridge & Iron v. Westinghouse Electric, the Delaware Supreme Court held rather decisively that a buyer could not avoid a liability bar by couching its concerns over historical financial statements as a working capital adjustment dispute. It is possible, however, to draft language that would lead to a different result than the one in this case, say Brian Lamb and Anthony Rospert of Thompson Hine LLP.

  • Mineral Liens Can Be Contractually Waived In Texas

    Brian Mitchell

    The U.S. Bankruptcy Court for the Northern District of Texas recently held that an advance contractual waiver of mineral liens contained in a master service agreement between an oil and gas operator and multiple oilfield service companies was enforceable. The case is likely to influence future drafting and negotiation of master services agreements, say Brian Mitchell and Clark Donat of Bracewell LLP.

  • Expectations For Fintech Cos. Providing Services To Banks

    M. Patricia Oliver

    Regulatory guidance has caused financial institutions to take tough stances when signing agreements with fintech service providers. Any company that has never undergone a bank examination is likely to find the experience extremely daunting, say attorneys with Tucker Ellis LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • How Highly Automated Vehicles Will Drive Legal Change

    Jason McCarter

    When highly automated vehicles are prevalent on the road there will be at least three major areas in which risk allocation associated with automobiles will change: litigation, contracting and regulation, say Jason McCarter and Tracey Ledbetter of Eversheds Sutherland.

  • Possible Legal Precedents In TransPerfect Global

    Melvin Schweitzer

    In the aftermath of the judicially ordered sale of translation services company TransPerfect Global, much remains open regarding how much deference the Delaware Chancery Court should give to directors to resolve internal disputes, and when a directed sale is an appropriate remedy, says Melvin Schweitzer, former justice of the New York County Supreme Court now with Liddle & Robinson LLP.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • Oil Producers Cannot Recover From Downstream Purchasers

    Edward Ripley

    The Third Circuit recently affirmed that downstream purchasers took oil purchased from a bankrupt intermediary free and clear of the oil producers’ liens. The opinion is an important reminder that courts will look to the state lien laws and Uniform Commercial Code of a midstream company’s home state to determine whether the producers are secured, say attorneys with King & Spalding LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Mitigating Risk In Website Terms And Conditions

    Alexis Miller Beuse

    As emerging case law illustrates, the placement of the terms and conditions on a website is paramount, because the enforceability of their provisions will turn on whether the design of the site ensures that users receive adequate notice and demonstrate assent, say Alexis Miller Buese and Rara Kang of Sidley Austin LLP.