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Commercial Contracts

  • May 31, 2018

    6th Circ. Says Encana Can Recoup $1.8M In Gas Leasing Row

    The Sixth Circuit found Thursday that Encana Corp.'s U.S. unit did not, as jurors determined, waive its rights to recover $1.8 million from Michigan landowners over a soured gas leasing deal and that their antitrust and fraud counterclaims against the company were rightly dismissed.

  • May 31, 2018

    Jay-Z Beats Copyright Suit Over 'Big Pimpin'' At 9th Circ.

    The Ninth Circuit on Thursday shot down a lawsuit filed against Jay-Z over a sample used in his song "Big Pimpin'," ruling that so-called moral rights protected under Egyptian copyright law cannot be enforced in U.S. court.

  • May 31, 2018

    Navillus Ch. 11 Plan Hinges On $176M Appeal In Union Fight

    Construction heavyweight Navillus Tile Inc. has unveiled a Chapter 11 restructuring plan premised almost entirely on winning a pending appeal in the Second Circuit, as the contractor seeks to fend off $176 million in union claims tied to the disastrous district court ruling that pushed Navillus into bankruptcy in the first place.

  • May 31, 2018

    Past Lien Suits May Hint At Case's Path In NJ High Court

    As a complex dispute over the demolition of a long-shuttered power plant moves to New Jersey's Supreme Court, anyone looking to speculate on its outcome can take some cues from the state’s history of protecting unpaid subcontractors, lawyers say.

  • May 31, 2018

    Firm Was DQ'd Too Early In Lease Row, NJ Court Says

    A New Jersey appeals court on Thursday reversed the disqualification of Graziano & Campi LLC from a commercial lease dispute between two former business partners, ruling that a lower court booted the Verona-based firm before resolving the parties' conflicting factual assertions.

  • May 31, 2018

    Gold Mining Co. Seeks OK Of $16.8M Arbitration Award

    A U.S. gold miner says two connected mining companies have made no moves to comply with a $16.8 million arbitration award issued against them for allegedly breaching a settlement agreement, urging a New York federal court to confirm the award.

  • May 31, 2018

    5th Circ. Won't Nix Texas Debt Collection Lawyer's Loss

    A Texas attorney who has previously had to pay $25 million to the state of Texas for his debt collection practices can't shake a ruling in favor of an individual consumer who claimed that he violated the Fair Debt Collection Practices Act in trying to collect from her, the Fifth Circuit said.

  • May 30, 2018

    Ixchel Asks 9th Circ. To Revive Biogen Antitrust Claims

    Ixchel Pharma LLC urged the Ninth Circuit on Tuesday to revive its claims that Biogen Inc. entered an anti-competitive agreement with another company, saying a requirement that Ixchel allege an “independently wrongful act” doesn’t apply because there’s no employment contract involved.

  • May 30, 2018

    British Airways, Flyers Get Early OK On Surcharge Deal

    A New York federal magistrate judge has signed off on a proposed settlement that offers a class of British Airways passengers up to $27 million in cash or frequent flyer miles with a total value of $63 million to end claims the airline imposed inflated fuel surcharges.

  • May 30, 2018

    Quinn Emanuel Tiff With Ex-Partners Raises Ethics Questions

    Quinn Emanuel Urquhart & Sullivan LLP engaged in an ethically dubious gambit when it allegedly attempted to prevent a group of defecting partners from poaching associates by threatening to enforce an unenforceable clause in their contract, experts said.

  • May 30, 2018

    Chinese Co. Gets Award OK In Dietary Products Sales Row

    A New York federal court on Wednesday confirmed a $575,905 award for a Chinese company against a Long Island nutritional products maker that an arbitrator issued after finding the manufacturer failed to pay for an order of dietary supplements, ruling it has no viable defenses against enforcement of the award.

  • May 30, 2018

    Credit Suisse Says Epic Ends $300M Worker Class Suit

    Credit Suisse Securities asked a California federal judge Wednesday to toss a proposed class action alleging it owes workers up to $300 million in deferred compensation, arguing the financial adviser suing repeatedly signed an arbitration agreement that’s binding under the U.S. Supreme Court’s recent Epic decision.

  • May 30, 2018

    Pa. Nursing Home Can’t Arbitrate Patient Negligence Suit

    A nursing home must face a patient negligence suit after a Pennsylvania appeals court ruled Wednesday that it failed to prove that the patient’s wife had the legal authority to sign an arbitration agreement.

  • May 30, 2018

    Delhi Court Punts Decision On $563M Satellite Contract Row

    The Delhi High Court decided Wednesday that a Bangalore court can hear a dispute relating to a more than $562.5 million arbitral award, which had been issued to an Indian telecommunications company after a deal to lease two satellites was axed by a commercial division of the country's space program.

  • May 30, 2018

    $409M ISDAfix Settlements OK'd With Atty Fees Undetermined

    A Manhattan federal judge gave final approval on Wednesday to $408.5 million in settlements with 10 banks accused of manipulating the global swaps and options benchmark ISDAfix, but the parties agreed to hold off on deciding how much of that would go to the lawyers.

  • May 30, 2018

    Margaritaville Investor Fights Claim Over NOLA Restaurant

    A real estate investment firm urged a Louisiana federal court to deny a Margaritaville restaurant developer’s bid to toss a claim in the investor’s $3.4 million fraud suit involving a New Orleans eatery that never opened, arguing a failed bank loan had nothing to do with lost profits.

  • May 30, 2018

    Alleged Scalpers Must Face Ticketmaster's Infringement Suit

    A pair of companies cannot escape a suit from Ticketmaster accusing them of violating cybersecurity laws and contributing to copyright infringement by using bots to purchase large numbers of tickets for resale, with a California federal judge finding that there was enough evidence to support the ticket giant's claims.

  • May 30, 2018

    Kelley Drye Guides $333M Sale Of NYU Langone-Leased Tower

    Columbia Property Trust Inc. has sold a 25-story office tower leased to New York University's Langone Medical Center in Manhattan to the real estate investment unit of Commerzbank AG in a deal guided by Kelley Drye & Warren LLP worth $332.5 million.

  • May 30, 2018

    Financial Intermediary Wants Attys' Fees In Aruba Hotel Row

    A financial intermediary on Tuesday asked a federal court in the District of Columbia for $599,016 in prejudgment interest, $493,328 in attorneys' fees and $86,328 in costs and expenses after a jury returned a $2.2 million judgment over an unpaid debt fee for arranging financing for the development of a luxury hotel in Aruba.

  • May 30, 2018

    What To Know About Architect Group's New Contract Forms

    With the American Institute of Architects set to phase out its old contract documents and require attorneys to use a new set unveiled last year, those who use the contracts need to familiarize themselves with what experts have called evolutionary, but not revolutionary, changes. Here, Law360 takes a look at several of the major changes attorneys must know as they transition to the new forms.

Expert Analysis

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • McDonald’s Deal Leaves Status Quo On Joint-Employer Test

    Steven Gutierrez

    With its recent agreement to settle numerous high-profile disputes over whether it is a joint employer with its franchisees, McDonald’s has avoided prolonged litigation and a potentially adverse decision that could have had sweeping ramifications for franchisors and their franchisees nationwide, says Steven Gutierrez of Holland & Hart LLP.

  • How To Choose An Appropriate Construction Pricing Model

    Excerpt from Lexis Practice Advisor
    Richard Reizen

    The three basic types of pricing arrangements in construction contracts are stipulated sum, cost plus and unit price. Understanding these arrangements and their respective benefits is crucial to negotiating and structuring a contractual relationship that best fits client goals, say attorneys with Gould & Ratner LLP.

  • Stormy Daniels’ Case May Have Fallen Into SLAPP Trap

    Damian Moos

    This week, Stormy Daniels’ attorney, Michael Avenatti, filed an amended complaint in which he added a defamation cause of action against President Donald Trump’s personal attorney, Michael Cohen. But it appears that Cohen has a strong basis to pursue an anti-SLAPP special motion to strike, say Damian Moos and Kandice Kim of Best Best & Krieger LLP.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Crafting Robust Force Majeure Clauses

    Alan Howard

    Lawyers can help protect their clients by avoiding standard force majeure text, and spelling out the intent of the parties in unambiguous terms. While it is impossible to address all contingencies, clearly defined and precise language can be used to mitigate performance and even economic risks, say Alan Howard and Luke van Houwelingen of Crowell & Moring LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Lessons In Negotiating Transaction Tax Deduction Provisions

    Scott Barshay

    The Delaware Chancery Court's opinion in LSVC v. Vestcom serves as a reminder of the potential high-value impact of pre- and post-closing tax provisions in private M&A, as well as their interaction with purchase price adjustment provisions, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.