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Commercial Contracts

  • January 3, 2019

    Travelers Wins Atty Fees Spat In Litigation Coverage Dispute

    Travelers acted reasonably when it initially refused to reimburse a pipe manufacturer for attorneys' fees linked to a Canadian lawsuit over allegedly defective water pipes, a Washington federal judge said Thursday.

  • January 3, 2019

    Vet Cheated, Defamed Gov't Contractor, Suit Says

    A government contractor is suing a veteran-owned business in Florida state court for allegedly taking money from an escrow account tied to a Veterans Administration deal and then disparaging the contractor, causing it to lose another lucrative VA contract.

  • January 3, 2019

    Franchisee Asks To Dodge Arbitration After Closing Eateries

    The franchise owner of nine closed Dickey's barbecue restaurants urged a California federal court Wednesday to stop the chain from forcing him into arbitration over whether he breached his franchise agreements by closing the eateries, saying the arbitration provisions are unenforceable.

  • January 3, 2019

    InterDigital Accused Of Unfair Terms For Telecom Patents

    A Swiss technology company has accused InterDigital Inc. in California federal court of demanding unfairly high royalty rates for its patents, deemed essential to wireless telecommunications, violating the mobile technology company's licensing obligations and illegally monopolizing the wireless industry.

  • January 3, 2019

    American Airlines Urges FERC To Rein In Pipeline Co.'s Rates

    American Airlines Inc. told the Federal Energy Regulatory Commission on Wednesday that Colonial Pipeline Co. collected $321 million via excessive rates for transporting jet fuel and other petroleum products in 2017, the latest complaint lodged against the liquids pipeline giant for allegedly charging unjust and unreasonable rates.

  • January 3, 2019

    2nd Circ. Sides With Citi In Forex Traders' Markup Suit

    The Second Circuit on Thursday said a pair of Mexican foreign exchange traders could not revive a lawsuit alleging Citibank took $20 million by illegally marking up their foreign exchange spot orders without their knowledge or consent, saying the men failed to demonstrate the existence of a breach of contract or fraudulent activity.

  • January 3, 2019

    Investor Wins Fraud Ruling Against $200M Ponzi Schemer

    A real estate investor notched a partial victory Thursday against convicted Ponzi schemer Eliyahu Weinstein over claims he bilked various parties out of millions of dollars, with a New Jersey federal judge ruling in the victim’s favor on fraud and related counts but denying him a win on racketeering counts.

  • January 3, 2019

    XTO Energy Hit With Suit Over 'Grossly Negligent' Operation

    Exxon Mobil Corp. subsidiary XTO Energy has been hit with a lawsuit by the partial owner of oil and gas wells in New Mexico, alleging for years it has been “grossly negligent” in its operations by overcharging for overhead expenses and running dozens of unprofitable wells.

  • January 3, 2019

    Amazon Unit's Award Confirmed In UK Author Royalties Row

    A Washington federal court has confirmed an Amazon unit's arbitration award that prohibits a British man and his book publishing companies from artificially inflating author royalties under the Kindle self-publishing program.

  • January 3, 2019

    Cornell Housing Project Fight Not Over, Subcontractor Says

    A subcontractor accused of performing subpar work on a Cornell University student housing project urged a New York federal judge Wednesday to block the general contractor’s bid to escape counterclaims related to an alleged failure to make payments under the contract, saying there are factual issues that still need to be resolved.

  • January 2, 2019

    LA Siblings Win $34M In Row Over Reclaimed Property In Iran

    A pair of Iranian-American siblings have won a $34.5 million judgment in a California court against a family friend who was hired to reclaim and sell properties their parents abandoned in Iran when fleeing the Islamic Revolution but kept profits and properties for himself.

  • January 2, 2019

    Chancery Clears Contract Cutoff In Startup IP Tech Feud

    Delaware’s Chancery Court ruled Wednesday that New York-based technology company Touchstream Technologies Inc. rightfully scrapped a contract in 2017 with an intellectual property licensee over an unapproved attempt to sublicense Touchstream’s own IP to a third party.

  • January 2, 2019

    Pa. Restaurants Sue Grubhub Over 'Sham Phone Orders'

    A pair of Philadelphia-area Indian restaurants filed a proposed class action against Grubhub Inc. in a Pennsylvania federal court this week, alleging that the online-ordering company improperly routed phone calls through its system and charged restaurants a commission on them even if they didn’t result in food orders.

  • January 2, 2019

    Loblaw Must Pay $3.2M Award Over Soured Deal, Court Told

    A South Korean corporation and its parent company are asking a New York federal court to confirm a more than $3.17 million arbitration award stemming from claims that Canadian retailer Loblaw and a subsidiary flouted an agreement to expand their Joe Fresh fashion brand to Asia.

  • January 2, 2019

    Texas Midstream Co. Sues To Keep Millions In Payments

    Targa Channelview LLC has asked a Texas state court to declare that Vitol Americas Corp. cannot ask for the return of over $100 million it paid to Targa after terminating a contract for the construction of a crude oil storage and processing facility, arguing their agreement forbids it.

  • January 2, 2019

    FTC, Qualcomm Tee Up Arguments Before Antitrust Trial

    Qualcomm has outlined its defense for the trial slated to begin Friday over Federal Trade Commission allegations that the chipmaker used its monopoly to force cellphone makers into unfair agreements, claiming its deals are the result of negotiations with “sophisticated” parties.

  • January 2, 2019

    Marriott Vacations Hit With Sanctions In Timeshare Suit

    A Colorado federal magistrate judge has partly granted a sanctions motion brought by timeshare owners against Marriott Vacations Worldwide Corp., saying the company made a mistake when it failed to hand over key evidence in the mass action claiming it caused the owners' property values to plummet.

  • January 2, 2019

    10th Circ. Nixes Anadarko Win In Drilling Rights Dispute

    The Tenth Circuit has undone an Anadarko Petroleum Corp. unit's victory in a suit brought by Colorado landowners alleging the company's drilling method constituted trespassing, saying a lower court wrongly expanded Anadarko's rights to use the land to drill for oil and gas underground.

  • January 2, 2019

    Tilton Loses Latest Bid To Beat German Bank's Fraud Suit

    A New York state judge has refused to dismiss a German bank's $45 million fraud suit against investment manager Lynn Tilton, saying it was different enough from the U.S. Securities and Exchange Commission's failed case against her that it should be allowed to advance.

  • January 1, 2019

    Delaware Cases To Watch In 2019

    A bellwether merger appraisal appeal, a spotlight on “enhanced” director independence, a trial over a mega-merger meltdown and an appeal from a rare deployment of the “implied covenant” in a contract dispute all lay ahead as 2019 opens in Delaware’s Chancery and Supreme Courts.

Expert Analysis

  • 8 Operating Agreement Tips For Funds Seeking Financing

    Kris Henman

    Private equity and venture capital investment funds are increasingly interested in entering into credit facilities, but a fund's limited partnership or operating agreement must be drafted to satisfy the lender’s diligence requirements. Attorneys with Troutman Sanders LLP look at the clauses that are typically flagged by lenders' counsel.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.

  • Why Current Laws Won't Protect Property Rights For DNA

    Franklin Zemel

    More than 12 million people have submitted their DNA for analysis to various genealogy companies such as Ancestry.com or 23andMe. But what if they don’t want that DNA shared with third parties? Based on current law, there is little that can be done about it, say Franklin Zemel and Ariel Deray of Saul Ewing Arnstein & Lehr LLP.

  • Putting The Brakes On Construction Defect Suits In Texas

    Pierre Grosdidier

    In conjunction with Texas' litigation-curbing measures introduced in 2015, a state appellate court's recent decision in Mosaic v. 5925 Almeda, denying a condo owners association standing to sue for construction defects, may reduce the number of such lawsuits, says Pierre Grosdidier of Haynes and Boone LLP.

  • Tips For Drafting M&A Agreements After Akorn

    Gail Weinstein

    The Delaware Chancery Court's recent decision in Akorn v. Fresenius has been widely reported because the court, for the first time, found that a target company had suffered a “material adverse effect.” But the 246-page opinion is also a primer on how the court may interpret numerous standard provisions in merger agreements and in corporate contracts generally, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Door Maker Case Tests Meaning Of DOJ Merger Review

    Derek Dahlgren

    A Virginia federal court's recent ruling in Steves and Sons v. Jeld-Wen opens the possibility that a U.S. court would permit divestiture as a remedy in private litigation for a merger already closed years before, says Derek Dahlgren of Rothwell Figg Ernst & Manbeck PC.

  • Tampa Construction Contracts Must Address Labor Shortages

    Gary Schaaf

    Due to the serious construction labor shortage in Tampa, Florida, owners and contractors need to ensure that their written contracts account for the possible effects of debilitating labor shortages upon the rights of parties and the health of their projects, says Gary Schaaf of Becker & Poliakoff PA.