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Commercial Contracts

  • July 3, 2018

    Football Hall Of Fame Sues Contractors Over Canceled Game

    The Pro Football Hall of Fame has sued a construction company and several subcontractors in Ohio state court, blaming them for the shoddy field conditions that caused a last-minute cancellation of the 2016 Hall of Fame Game and sparked a proposed class action by ticketholders.

  • July 3, 2018

    DC Circ. Denies Petrobras Immunity In EIG Funds Fight

    A split D.C. Circuit said Tuesday that Brazil’s state-owned energy giant Petrobras can’t claim sovereign immunity to beat back claims over a failed drilling venture, affirming the lower court’s decision that allowed a group of funds managed by EIG Global Energy Partners LLC to move forward with their suit.

  • July 3, 2018

    K&L Gates Lands 2 Curtis Attorneys In Houston

    K&L Gates LLP has beefed up its Houston office with a pair of hires from Curtis Mallet-Prevost Colt & Mosle LLP who have a background in the energy sector, including a partner with over two decades of experience.

  • July 3, 2018

    Injured Oil Worker's $2.8M Award Overturned By Texas Court

    A Texas appeals court overturned a jury verdict awarding an offshore driller $2.8 million for injuries sustained when a defective cable snapped and dropped a 62-pound weight on his foot, ruling Tuesday that the case was tried under the wrong legal theory.

  • July 3, 2018

    Sprint Urges FCC To Clarify Local Carrier Fee Rules

    Sprint representatives met with the Federal Communications Commission on Tuesday to urge the agency to resolve legal questions surrounding whether carriers must pay local access charges even for wireless users making local calls, a dispute over compensation that has been playing out in multidistrict litigation for several years.

  • July 3, 2018

    Hardy Affiliate Takes India Award Fight To DC Circ.

    A Hardy Oil and Gas affiliate asked the D.C. Circuit on Monday to reverse a district court judge’s decision not to confirm an arbitration award that would force India to let the affiliate recommence work in the country’s natural gas reserves.

  • July 3, 2018

    NCAA Wants Wrongful Death Suit Sent Back To State Court

    The NCAA has urged a New Jersey federal court to send back to state court a wrongful death suit against the sports association, a Massachusetts college and insurers from the parents of a football player who died after a workout, rejecting the school’s claims of diversity jurisdiction.

  • July 2, 2018

    Ship Owner Spurns Arbitration Bid In $19.9M Maritime Suit

    Psara Energy Ltd. asked a Texas federal court on Friday to reject a purported successor corporation’s bid to arbitrate Psara’s claims over Space Shipping Ltd.’s alleged $19.9 million breach of maritime contracts, saying the claims are related but distinct from several already in a foreign arbitration proceeding.

  • July 2, 2018

    AT&T Asks Del. Court To Enforce Cell Tower Lease Deals

    AT&T Mobility LLC filed suit in Delaware Chancery Court seeking to enforce what it believes is a binding agreement with the owner of cellular towers over lease and licensing payments.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    YouDecide.com Execs Spared 2nd Trial Over Company Control

    Two YouDecide.com Inc. execs don’t have to endure a second lawsuit by a father-son duo who called one of them an “evil dwarf” after a bitter power struggle for control of the company, a Massachusetts federal court ruled Monday, saying the derivative suit was clearly brought in bad faith.

  • July 2, 2018

    Inventor Wins $11M Jury Award In Pet Product Patent Row

    A pet supply store has been slapped with an $11 million judgment following a New Jersey federal jury’s finding, after a nearly monthlong trial, that it copied an inventor’s patent for a skin medicine applicator for dogs and cats.

  • July 2, 2018

    Mitsui Stole Trade Secrets And Broke NDA, Florida Co. Says

    A privately held, Florida research and development company has accused the Japanese chemicals giant Mitsui Chemicals Inc. of stealing its trade secrets covering a plant irrigation system in violation of their nondisclosure agreements, according to a lawsuit that was removed to Florida federal court Monday.

  • July 2, 2018

    Lehman Urges OK For $750M Credit Suisse Derivatives Deal

    Lehman Brothers Holdings Inc. defended a proposed $750 million derivatives settlement with Credit Suisse AG on Friday after a pair of hedge funds criticized the “black box” deal, saying it compares favorably to other deals reached with big banks over similar claims.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Oil Driller Seeks OK Of $622M Petrobras Arbitration Award

    Vantage Deepwater Company asked a Texas federal court on Monday to confirm a $622 million arbitration award stemming from a dispute with Petrobras America Inc. over its early end of a Gulf of Mexico drilling agreement.

Expert Analysis

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Make Sure To Own The Architectural Plans That You Paid For

    Stacy Bercun

    Standard form architect agreements provide significant protections to architects and their firms, which may result in an architect having too much control over an owner's construction project. Owners should negotiate to obtain a transfer of those rights, say attorneys with Akerman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • 2 Dispute Resolution Choices For Construction Contracts

    Stacy La Scala

    Construction practitioners using either ConsensusDocs or American Institute of Architects forms for alternative dispute resolution purposes must understand that each set of construction documents requires thoughtfulness and upfront risk assessment. The decisions at the time of contracting will significantly impact the timing and resolution of any future dispute, says Stacy La Scala of JAMS.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Tech Can Help, Not Take Over, Your Real Estate Transaction

    Shawn Amuial

    Many technologists and pessimists alike have claimed that artificial intelligence and machine learning will replace lawyers. However, current technologies can actually transform and streamline attorneys' jobs, allowing them to complete tasks like real estate transactions in a manner that is better, faster and cheaper, says Shawn Amuial of Holland & Knight LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Employee Arbitration Agreement Insights From Rhode Island

    Alicia Samolis

    A Rhode Island federal court recently ruled in favor of an employer in a decision concerning an employee arbitration agreement, an intriguing split from a decision in a similar case months earlier by the same court in a separate session, say Alicia Samolis and Chris Wildenhain of Partridge Snow & Hahn LLP.