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Commercial Contracts

  • 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.

  • January 1, 2019

    4 International Arbitration Cases To Watch In 2019

    International arbitration attorneys will be keeping a close eye on Dutch proceedings involving former Yukos shareholders as they continue their fight to revive their historic awards totaling $50 billion against Russia, a case in which the U.S. Supreme Court will weigh in on who decides whether an arbitration agreement can be enforced and other proceedings that could affect international arbitration for years to come.

  • January 1, 2019

    Texas Cases To Watch In 2019

    Texas’ fights to end the Deferred Action for Childhood Arrivals program and hold opioid manufacturers to task for alleged deceptive marketing will continue to make legal waves in 2019, while Texas Attorney General Ken Paxton is yet again waiting out a potential trial on securities fraud charges.

  • January 1, 2019

    New Jersey Cases To Watch In 2019

    New Jersey businesses will enter 2019 bolstered by a slew of state high court victories in 2018, which ushered in stricter litigant witness guidelines in mass torts targeting pharmaceutical giants like Hoffmann-La Roche Ltd., along with a tougher burden-of-proof standard in consumer protection class actions against retailers.

  • December 21, 2018

    Texas Justices Side With Compass Bank In Account Theft Row

    The Texas Supreme Court said Friday that a Compass Bank client waited too long to notify the bank after a fraudster cleaned out his account, adding that the customer, a resident of Mexico, can’t use missing bank statements to excuse his delay in reporting the loss.

  • December 21, 2018

    Texas Justices Say NDA Suit Beats Anti-SLAPP Dismissal Bid

    The Texas Supreme Court on Friday revived a paramedic training company's claims that a former employee smeared its reputation while violating a nondisclosure agreement, holding it had shown enough evidence of damages to defeat a dismissal bid under a state free speech law.

  • December 20, 2018

    UK, Others Raise Red Flags Over Alstom, Siemens Merger

    A group of competition authorities in four countries on Thursday seconded the European Commission's concerns about the planned merger of Siemens AG's and Alstom SA's railway businesses.

  • December 20, 2018

    Stericycle Reaches $45M Settlement In Securities Suit

    Stericycle Inc. disclosed Wednesday that it has reached a proposed $45 million deal to settle a putative class action in Illinois federal court that claimed the waste disposal company falsely inflated its financial results through fraudulent pricing.

  • December 20, 2018

    Justices Pressed To Take Up Tribal Court Exhaustion Case

    A business owner continued to urge the U.S. Supreme Court to grant his petition in a challenge to a Utah Supreme Court ruling that his suit alleging extortion by Ute Indian Tribe officials must first be heard in tribal court before it can proceed in state court.

  • December 20, 2018

    Condé Nast Wants Insurer To Cover $13.8M Settlement Costs

    Condé Nast accused Mutual Insurance Co. of reneging on its policy coverage obligations over the media company's $13.75 million settlement with a class of magazine subscribers who said their customer data was sold without their consent, according to a lawsuit filed in New York state court Thursday.

  • December 20, 2018

    PNY Technologies Wants $7.7M Award To Be Nixed

    PNY Technologies has urged a New Jersey federal court to deny a bid to confirm a $7.7 million arbitration award in favor of Chinese flash drive maker Netac Technology Co. Ltd. in a long-running patent dispute, claiming it shouldn't have to pay the royalty payments that comprise the award.

  • December 20, 2018

    Swedish Stock Sale Fight Shouldn't Be In Mass., Judge Rules

    A Massachusetts federal judge has tossed a lawsuit accusing a Massachusetts resident of improperly backing out of a deal to sell approximately $40 million worth of shares in her late father's Swedish company, leaving it to a Swedish court to decide whether to enforce an underlying arbitration agreement.

  • December 20, 2018

    Film Studios Offer To End Anti-Competitive Movie Deals In EU

    NBCUniversal, Sony Pictures and Warner Bros. have offered to get rid of anti-competitive movie deals in an effort to end an antitrust investigation, after Disney and Paramount made similar concessions, the European Commission announced Thursday.

  • December 20, 2018

    Texas Panel Axes Co.'s $12.7M Verdict For Lack Of Evidence

    A Texas appellate court wiped out a $12.7 million jury verdict in favor of a company that designs and manufactures heavy equipment for the offshore oil industry, holding Thursday that the enterprise failed to present any evidence tying its lost profits to actions taken by the would-be business partner it sued.

  • December 20, 2018

    Bill O'Reilly's $10M Suit Against Ex-Wife's Atty Dismissed

    Bill O'Reilly's $10 million lawsuit accusing his former wife's attorney of fraud was dismissed on Wednesday by a New York appeals court, which found that the onetime Fox News host had waited too long to bring his action.  

  • December 20, 2018

    IRS Floats Rules On Share Sales By Foreign Partners

    The U.S. Department of Treasury on Thursday proposed rules to treat income from the sale of a foreigner's interest in a U.S. partnership as taxable U.S.-sourced income, counter to a U.S. Tax Court decision that mandated the opposite result.

  • December 19, 2018

    Del. Justices Question Chancery's Oxbow Carbon Sale Order

    Delaware’s Supreme Court justices aimed sharp and sometimes skeptical questions Wednesday at a Chancery Court ruling that gave minority investors in William Koch’s Oxbow Carbon LLC clearance to force a sale of the multibillion-dollar business to pay for a buyout of their investment.

Expert Analysis

  • 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.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • The Promise And Limitations Of Smart Contracts

    Moshe Malina

    Smart contracts could enable parties to enter into binding contractual commitments that are decoupled from the legal system. Key questions to explore, however, include how nontechnical parties will negotiate code-based contractual agreements, and how the agreements will be amended or terminated, says Moshe Malina of Citigroup Inc.