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Commercial Contracts

  • September 27, 2018

    Bull Stud Co. Wins $5M Fees, Costs In Semen-Sorting Row

    A Wisconsin federal judge on Thursday awarded $5 million in attorneys’ fees and costs to a bull stud company even though a jury found it infringed a bovine semen-sorting company's patents because the sorting company had engaged in anticompetitive practices, saying the stud company did an “impressive job” limiting its request to work related to its victory.

  • September 27, 2018

    3D Printing Rivals Settle IP Dispute Just Days Into Trial

    A pair of Massachusetts-based 3D printing rivals, just four days into the second trial between the two within a six-month span, settled dueling claims that they stole each other’s trade secrets.

  • September 27, 2018

    Ousted VC Member's Cashout Gets $3M Boost In Chancery

    A former venture capital fund investor who accused other members of drastically shorting his exit payout following a 2016 downsizing was awarded nearly $3.8 million — more than eight times higher than his original offer — in a Delaware Chancery Court order approved on Thursday.

  • September 27, 2018

    Ex-Lehman Workers Lose Appeal Over $260M In Deferred Pay

    A New York federal judge on Wednesday upheld a bankruptcy court ruling that subordinates the claims of hundreds of former Shearson Lehman Brothers Inc. workers seeking up to $260 million in deferred compensation, agreeing that the work agreements expressly support the conclusion.

  • September 27, 2018

    Testimony Allowed In Greenberg Traurig Forgery Case

    A New York appeals court gave a former Apollo fund manager a second chance Thursday to use one of his previously barred expert witnesses in a case against a former Greenberg Traurig LLP partner over an alleged plot to fake evidence to dodge a $6.5 million contract claim.

  • September 27, 2018

    Dealership Hit With $5.8M Verdict For Selling Lemon Ferrari

    An Arkansas federal jury on Wednesday slammed a Mercedes-Benz dealership with $5.8 million in punitive damages for defrauding a man who bought a $90,000 Ferrari from them, finding the dealership’s employees lied when they said the car was in excellent condition.

  • September 27, 2018

    Apple Avoids Arbitration In Chinese Co.'s $25M Contract Row

    A California federal judge has denied a Chinese glass screen supplier’s bid to arbitrate its $25 million dispute with Apple Inc. over a soured supply deal, but also refused to dismiss the company's claims that Apple grossly overstated its needs under their contract.

  • September 27, 2018

    NY Court Revives $100M Arbitral Award Against NutraSweet

    A New York appeals court on Thursday revived a $100 million arbitral award issued to a Korean food conglomerate following a dispute with NutraSweet Co. over an aspartame deal gone bad, concluding a lower court judge had erred when he partially vacated the award due to the tribunal's manifest disregard of the law.

  • September 27, 2018

    Kemper's $141.7M Award OK'd In Software Contract Row

    A federal judge in Texas has approved a $141.7 million arbitration award in favor of insurance company Kemper Corporate Services Inc. in its dispute with Computer Sciences Corp. over a software licensing agreement.

  • September 27, 2018

    Radisson Claims Rival Paid $5M To Break Franchise Deals

    Radisson Hotels slapped a breach of contract lawsuit in Washington federal court against its rival, Red Lion Hotels, accusing it of deliberately interfering with the former’s existing contracts with nine franchisees by promising them loans as well as $5 million in upfront payments.

  • September 26, 2018

    App Maker Breached Facebook’s Data Suit Settlement: Judge

    A California federal judge Wednesday ruled that Profile Technology Ltd. breached its 2014 settlement with Facebook Inc. to end claims the app developer improperly retained user data, saying its donation of “hundreds of millions” of redacted profiles to a digital library was not a “good faith” interpretation of the agreement.

  • September 26, 2018

    Fee Spat Between Niro Law, Ex-Client Rebooted In New Suit

    A previously dismissed dispute over attorneys' fees that a former client says patent firm Niro Law Group is not entitled to took a new turn Monday when the firm filed suit in Illinois state court, saying it was never paid for its legal work.

  • September 26, 2018

    Shearman & Sterling Expands In Bay Area With IP Litigator

    Shearman & Sterling LLP has snagged a former McDermott Will & Emery LLP partner who will bring her experience handling intellectual property for tech companies to the firm's Northern California offices.

  • September 26, 2018

    Insurer Asks Del. Justices To Reverse $16M Damages Ruling

    A Delaware court’s nearly $16 million award against Homeland Insurance Co. should be reversed for use of the wrong state’s law, a time-barred claim and a dearth of damages evidence, the insurer told Delaware’s Supreme Court on Wednesday.

  • September 26, 2018

    US Bank Says Customer's Fees Suit Must Go To Arbitration

    U.S. Bank NA has told a California federal court that a proposed class action accusing it of bilking customers out of millions of dollars with allegedly improper out-of-network ATM fees and overdraft fees belongs in arbitration, citing its deposit agreement with the customer who is bringing the suit.

  • September 26, 2018

    Galveston Must Pay $14.7M For Ike Recovery Work, Jury Says

    A Texas jury has awarded construction company CDM Smith $14.7 million from the city of Galveston for work administering the city’s Hurricane Ike disaster recovery program, rejecting the city’s claims that it didn’t have to pay because CDM didn’t comply with their agreement.

  • September 26, 2018

    Air Force Subcontractor Demands Pay For Work On Base

    A plumbing company hit a U.S. Air Force contractor with a $1.3 million contract suit in Massachusetts federal court Wednesday for allegedly failing to pay it for work on a local military base.

  • September 26, 2018

    Sony Music Shorts Artists On Foreign Royalties, Suit Says

    The estate of 1950s pop star Ricky Nelson hit Sony Music Entertainment with a proposed class action in New York federal court, accusing the music giant of applying a hefty "intercompany charge" on international streaming revenue before it calculates an artist’s royalty rate.

  • September 26, 2018

    American Air Can Arbitrate Claim, Union Can't: 9th Circ.

    A Ninth Circuit panel on Wednesday ruled a former American Airlines Inc. worker must arbitrate a whistleblower retaliation claim against the company, but said he could continue pressing in U.S. Department of Labor litigation a parallel claim against his former union.

  • September 26, 2018

    NJ's McManimon Scotland, Trenk DiPasquale To Merge

    New Jersey firms McManimon Scotland and Baumann LLC and Trenk DiPasquale Della Fera & Sodono PC are joining under the first shop’s banner on Oct. 1, the firms said Wednesday, describing a union that will specialize in project finance, corporate reorganization and complex commercial litigation.

Expert Analysis

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP

  • Blockchains: A Better Tool For Supply Chain Management

    James Ton-that

    Although commonly associated with cryptocurrencies, blockchain technology can also be implemented to modernize international supply chains, which currently suffer from voluminous documentary requirements, layers of middlemen and immense regulation, say James Ton-that and Ravi Soopramanien of Hughes Hubbard & Reed LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.