Commercial Contracts

  • November 16, 2017

    UK Prosecutors Name 3 Individuals In Unaoil Bribery Probe

    The U.K. Serious Fraud Office has charged two British residents who worked for Monaco-based Unaoil with conspiring to pay bribes to help a client win a contract in Iraq, and is seeking the extradition of a third man, the prosecutor's office said on Thursday.

  • November 16, 2017

    ICC Provider Says Salsa Co.'s Suit Belongs In Federal Court

    The International Chamber of Commerce’s North American arbitration provider said Wednesday it plans to urge a New York federal judge to keep a dispute over whether the provider must halt arbitration between an investor and a salsa company after a Mexican court ordered it stopped.

  • November 16, 2017

    Hibu Noncompete Suit Trimmed Over Boundary Limit

    Portions of a noncompete agreement that restricts an individual from working in a particular territory can’t be enforced against a former Hibu Inc. employee who helped a competitor prepare to expand into that territory, a Kansas federal judge ruled Wednesday, while sending other claims to trial. 

  • November 16, 2017

    Law Firm Settles Fight Over Atty’s Share Of Sirius Settlement

    A Houston law firm on Tuesday dropped a lawsuit it filed last week against a former attorney with the firm in a dispute over the associate's slice of $12.25 million in attorneys' fees stemming from a settlement in a class action against Sirius XM Radio.

  • November 16, 2017

    PE Firm In Cartel-Linked Mexico Property Row Loses Fee Bid

    A California federal court on Thursday denied a private equity firm’s request for attorneys’ fees after arbitration in a dispute with a Mexican industrial real estate buyer who claimed the firm sold it a $15 million facility overrun by a drug cartel.

  • November 16, 2017

    Venable Accused Of Concealing Client’s Evidence Destruction

    A Russian railcar lessor asked a Connecticut federal court Thursday to punish its ex-chief executive and his Venable LLP counsel by issuing a default judgment in its suit over allegedly divulged trade secrets, claiming they engaged in a “nefarious scheme” to destroy evidence and conceal the misdeed

  • November 16, 2017

    Rams Fans Lose Bid For Info On Seat License Pricing

    A proposed class of Rams fans whose season tickets were canceled when the NFL team moved to Los Angeles can’t force the team to hand over documents related to pricing of personal seat licenses at its new stadium, a Missouri federal court ruled Wednesday, saying the fans have been unresponsive to the team’s latest records search.

  • November 15, 2017

    Zohar Funds Lose Bid To Block Patriarch Co. Disbursement

    A New York federal judge has declined to block a Patriarch Partners administrative agent from potentially paying out $45 million that several investment funds created by Patriarch’s CEO Lynn Tilton have claimed is theirs, ruling that they failed to show money damages couldn't fix any injury they might otherwise allegedly suffer if the disbursement is made.

  • November 15, 2017

    Del. State Lawmaker Wants To Intervene In TransPerfect Sale

    Prominent Delaware Republican state Sen. Colin Bonini asked the Delaware Chancery Court late Tuesday to “help oversee” the court-ordered sale of legal translation firm TransPerfect, which is strongly opposed by one of its co-founders, saying he was concerned about the appearance conflicts surrounding the auction process.

  • November 15, 2017

    Loss In Defense Contract Suit Wasn’t Firm’s Fault: NJ Court

    A New Jersey appellate court declined Tuesday to revive a legal malpractice case accusing Starr Gern Davison & Rubin PC of not turning over discovery materials to a former client’s new counsel during a breach of contract suit over $2 billion in defense contracts.

  • November 15, 2017

    Bulgarian Co. Sees Its $2M Arbitration Win Approved

    A California federal judge on Tuesday confirmed a Bulgarian heavy machine manufacturer’s arbitration award of more than $2 million stemming from a San Mateo-based waste-processing equipment company's alleged failure to pay for a multimillion-dollar delivery order, saying the American company didn’t offer sufficient reasons to deem the award unenforceable.

  • November 15, 2017

    NFL's Ezekiel Elliott Drops Suspension Appeal At 2nd Circ.

    Dallas Cowboys star running back Ezekiel Elliott has dropped his appeal of a domestic violence suspension at the Second Circuit and will sit out the next five games, his agent and attorney announced Wednesday.

  • November 15, 2017

    11th Circ. Scuttles Shipper's Bid For Arbitration Security

    The Eleventh Circuit on Tuesday backed a lower court's decision to deny a ship owner's request that a charterer be forced to put up security for legal costs in an ongoing arbitration in London, agreeing that federal court rules, Georgia law and maritime law don't allow for such relief.

  • November 15, 2017

    DOL Solicitor Pick Queried On Arbitration, Harassment

    Kirkland & Ellis partner Kate O’Scannlain said at a Senate hearing Wednesday to confirm her for the U.S. Department of Labor’s top legal post that employer arbitration clauses “are problematic” when confronting workplace harassment, but she stopped short of supporting their elimination despite agreeing they can keep women unaware of serial harassers.

  • November 15, 2017

    Ex-WL Ross Execs Want Answers On $48M Fund-Related Fees

    Three former WL Ross & Co. Inc. investment managers launched a lawsuit in New York court Wednesday alleging that the company hid the presence of more than $48 million in management fees charged to a trio of general partner companies established to oversee certain WL Ross private equity funds.

  • November 15, 2017

    Tribal Courts Have Say On Project Suit: Ariz. Panel

    An Arizona appeals court on Tuesday upheld the dismissal of a suit alleging that several Hualapai Tribe officials committed fraud in terminating a company's contract to run a tribal tourist attraction, saying tribal courts rather than state courts must tackle a case that deals entirely with on-reservation activity.

  • November 15, 2017

    6th Circ. Reverses Contempt Ruling In Gym Users' Fee Suit

    A Sixth Circuit panel on Wednesday reversed contempt findings against a gym and its managers for failing to pay $2.4 million in attorneys’ fees, ruling the settlement of a suit brought by gym members over allegedly unfair gym fees did not go into effect until the U.S. Supreme Court declined to hear an appeal earlier this year.

  • November 15, 2017

    Wi-Fi Exec Must Pay $5.7M Over Breached Equipment Pact

    NFS Leasing Inc. has won $5.7 million in damages from an executive whose Wi-Fi supply company defaulted on a lease agreement for supplying Wi-Fi to sports arenas, according to filings in Massachusetts federal court Wednesday that show the company owes nearly $8.1 million as well.

  • November 15, 2017

    Westinghouse, Ex-Workers Told To Consolidate Complaints

    A New York bankruptcy judge on Wednesday told Westinghouse Electric Co. LLC and former employees at its canceled project to build two new nuclear reactors in South Carolina to come up with a plan to consolidate the former workers' suits against the company over lack of sufficient notice of the project's closure.

  • November 15, 2017

    Baker Botts, Addleshaw Goddard Attys Start Hong Kong Firm

    Two former Baker Botts attorneys have joined forces with the former leader of Addleshaw Goddard’s Asia mergers and acquisitions department to launch a new Hong Kong-based boutique firm, bringing their extensive experience in areas like international arbitration, complex transactions, intellectual property and energy and infrastructure projects.

Expert Analysis

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Series

    Class Waivers At The High Court: The FAA's Mandate

    Eddie Berbarie

    Employers across the country are looking to the Federal Arbitration Act and the U.S. Supreme Court's upcoming review of three pending cases to preserve the benefits of bilateral arbitration in the employment context, say Eddie Berbarie and Rob Friedman of Littler Mendelson PC.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Series

    Class Waivers At The High Court: NLRA And Employee Rights

    William Jhaveri-Weeks

    The U.S. Supreme Court would upend the better part of a century’s worth of authority if, in three pending cases, it concludes that an employer can contractually prohibit employees from engaging in concerted legal action simply by placing the prohibition in an arbitration agreement, say William Jhaveri-Weeks and Katharine Fisher of Goldstein Borgen Dardarian & Ho.

  • Exploring Insurance Recovery Paths After Major Disasters

    Rukesh Korde

    While many businesses understandably focus on their traditional coverages, first-party property insurance policies sold to commercial policyholders often contain common extensions that may provide additional paths to recovery for storm losses from Harvey and Irma, say Rukesh Korde and Teresa Lewi of Covington & Burling LLP.

  • Minimize Marijuana Risks With Special Lease Clauses

    William Moorman

    The recent enactment of laws permitting the cultivation and sale of recreational marijuana in Massachusetts commencing in July 2018 have created great opportunities for real estate owners and developers, and also great risks. By including certain provisions in their leases, landlords can at least mitigate many of those risks, says William Moorman Jr. of Patridge Snow & Hahn LLP.

  • Opinion

    Equifax Breach Reminds Us Why We Need The 7th Amendment

    Jean Sternlight

    The Consumer Financial Protection Bureau’s arbitration rule restores transparency and accountability to our justice system and allows people to exercise their Seventh Amendment rights. However, the House of Representatives has voted to block it and the rule is in jeopardy, says Jean Sternlight, director of the Saltman Center for Conflict Resolution at the UNLV Boyd School of Law.

  • The Foreign Sovereign Immunities Act: 'Bedlam' Redux

    Robert W. Ludwig

    After four decades attempting to apply the commercial-activity exception of the Foreign Sovereign Immunities Act — the most significant exception to sovereign immunity — no court has ever decided the meaning of the heart of the exception, and with it the FSIA, says Robert W. Ludwig, a founding member of Ludwig & Robinson PLLC.

  • Impact Of The New Revenue Recognition Standard On M&A

    Stephen Quinlivan

    The Financial Accounting Standards Board’s new revenue recognition standard will affect more than top-line revenue, and deal teams will need to assess the total impact of the transition. It is likely that the new standard will also result in new representations in acquisition agreements, say attorneys with Stinson Leonard Street LLP

  • The Brexit Threat To US-UK Aviation

    Kevin Gibbs

    Aviation between the U.S. and U.K. is currently governed by an EU-wide agreement. But the U.K. will not be covered by this agreement once it leaves the bloc — and yet while it is still an EU member, cannot negotiate a new agreement either, say attorneys with Bond Dickinson LLP and Womble Carlyle Sandridge & Rice LLP.