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Commercial Contracts

  • October 15, 2018

    Tessera Tells 9th Circ. Toshiba Flouted IP Contract

    Tessera Technologies asked the Ninth Circuit Monday to revive a claim alleging Toshiba Corp. owes it more than $100 million for using its integrated circuit technology, arguing a lower court judge ended the case too soon based on her interpretation of a licensing agreement that was not “crystal clear.”

  • October 15, 2018

    Dental Co. Claims Must Go To Arbitrator, High Court Told

    Several dental equipment companies doubled down Monday on their efforts to persuade the U.S. Supreme Court to send a distributor's antitrust case to arbitration, asserting that the Fifth Circuit was wrong to decide that the matter was not arbitrable when the parties expressly delegated that very question to the arbitrator.

  • October 15, 2018

    NJ Judge Tosses Suit Over 'Back To The Future' Car Royalties

    A New Jersey federal judge has scrapped a lawsuit over royalties a DeLorean automobile dealer received from the car logo’s use in merchandising materials for the “Back to the Future” film franchise, ruling Friday that the suit was barred by a settlement resolving related litigation launched by the widow of the car’s visionary.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Express Scripts Not Hurt By Alleged Breach, Pharmacies Say

    Two compounding pharmacies are fighting back against Express Scripts Inc.’s claims that they withheld prescription refunds in violation of their contracts by telling a Missouri federal court that the pharmacy benefit manager hasn’t suffered any harm or provided enough details about the requested refunds.

  • October 15, 2018

    Trump Escapes Stormy Daniels' Defamation Suit

    A California federal judge on Monday dismissed adult film star Stormy Daniels' suit alleging President Donald Trump defamed her by tweeting that her claims about their alleged affair included a story about a "nonexistent man," ruling the tweet was “rhetorical hyperbole” protected by the First Amendment.

  • October 15, 2018

    Railroads Dispute Damages In Wis. Superfund Cleanup Fight

    A dispute over which railroad should pay the other for its $5.25 million contribution to the cleanup of a Superfund site near Ashland, Wisconsin, turned into a disagreement Friday over how to address damages and fees after their Illinois federal judge closed their case. 

  • October 15, 2018

    Insurers Say No Coverage For Dispute Over Highway Work

    The American Guarantee & Liability Insurance Co. and Zurich American Insurance Co. asked a Texas federal court to declare that they are not responsible for covering Zachry Industrial Inc. in a $130 million arbitration it faces over allegedly shoddy construction work on the Texas State Highway 130 project.

  • October 15, 2018

    Southwest Must Lease Out Gates At Love Field, Delta Insists

    Delta Air Lines Inc. has urged a Texas federal judge to not let Southwest Airlines Co. duck its purported contractual obligations to make accommodations for gate space at Dallas' Love Field airport, arguing that Southwest made enforceable contractual commitments at the airport where it controls most gates.

  • October 15, 2018

    Ohio Top Court Nixes Easy Path On Building Defect Coverage

    Construction companies working in Ohio must specifically ensure their insurance policies cover subcontractors’ defective work after the state’s high court recently dashed any hope of the Buckeye State falling in line with other states where a subcontractor’s bad work is covered by standard insurance policies.

  • October 15, 2018

    $4.8B Akorn Ruling More Outlier Than Shift At Chancery

    An unprecedented Delaware Chancery Court finding that Fresenius Kabi AG can terminate a $4.8 billion merger with Akorn Inc. earlier this month appears to be more of a deal outlier than a change in court direction on merger-killing adverse event clauses, some attorneys say.

  • October 15, 2018

    Concessionaire Slams Rays' 'Abusive' Discovery Requests

    The former concessions operator of Major League Baseball’s Tampa Bay Rays has slammed in Florida federal court the team's efforts to force it to hand over 20 years’ worth of personnel files for thousands of employees, calling the “abusive” discovery requests irrelevant to the Rays' breach of contract suit.

  • October 15, 2018

    Texas Builder Says Subcontractor Stole Client, Poached Crew

    A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.

  • October 15, 2018

    Coachella Won't Face The Music Of Rival’s Antitrust Suit

    The Coachella Valley Music and Arts Festival is off the hook for a rival’s claims it is unfairly preventing performers from accepting gigs at other events after an Oregon federal judge found that Soul’d Out Music can’t sue over contracts it’s not involved in, according to an order Friday. 

  • October 15, 2018

    Renco Pushes For Arbitration In Pension Liability Fight

    The Renco Group Inc. has told an Illinois federal judge that a pension fund’s $10 million Employee Retirement Income Security Act suit should be dismissed, arguing that ERISA mandates that the withdrawal liability dispute be hashed out in arbitration.

  • October 15, 2018

    Pharma Inventor's Ex-Wife Sues Him Over Patent Ownership

    A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.

  • October 15, 2018

    Nigerian Oil Co. Execs Must Talk In $1.8B Award Row

    A New York federal judge has told a Nigerian state-owned oil company that three of its employees must sit for depositions planned by Exxon Mobil and Shell subsidiaries for their suit seeking to enforce a $1.8 billion arbitration award against the company.

  • October 15, 2018

    Morgan Stanley Wins Bid To Arbitrate Ex-Exec's Bias Claims

    Morgan Stanley won its bid to force arbitration of a former executive’s claims that he was fired because of past alcohol and drug abuse in violation of state anti-discrimination law after a New Jersey federal judge concluded Monday that the individual had notice of an arbitration agreement via a company email sent to him.

  • October 15, 2018

    Wabtec Seeks To Block Siemens From Accessing Train Tech

    Westinghouse Air Brake Technologies Corp. sought an injunction in Pennsylvania state court Monday to stop competitor Siemens Mobility Inc. from having access to its technology through a shared client, CSX Transportation, for whom both companies are developing an automated system for signaling and controlling trains.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

Expert Analysis

  • When The Music Stops: Best Practices For Band Agreements


    The recent news about musician Lindsey Buckingham suing rock band Fleetwood Mac after being kicked off the tour and out of the band demonstrates the problems that can arise when a successful music group lacks a written partnership agreement, says Matthew Wilson of Arnall Golden Gregory LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Daesang V. NutraSweet Reaffirms NY's Pro-Arbitration Attitude

    Stephen Younger

    The reversal last month by New York's appellate division in Daesang v. NutraSweet is an important decision for the state's courts because it helps reaffirm New York's role as a preferred venue for international arbitration, say Stephen Younger and Michael Farinacci of Patterson Belknap Webb & Tyler LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • More Automation Means Less Busy Work For Legal Teams

    Rebecca Yoder

    Legal departments have been slow to adopt artificial intelligence and automation solutions for the sort of mundane tasks attorneys dread. But such tools can make legal teams more efficient and accurate, allowing members to focus on big-picture challenges and mission-critical strategies, says Rebecca Yoder of Docusign Inc.

  • Keep In Mind The ABCs Of Commercial Leasing

    Timothy Smith

    With consumers’ increasing preference for online purchases having a ripple effect on leasing markets, it's more important than ever that both landlords and tenants understand the basics of leasing, says Timothy Smith of Nutter McClennon & Fish LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Critical Factors For Airline Survival And Restructuring

    Henry Kikoyo

    Last week, Primera Air joined the list of airlines that have filed for insolvency, less than a year after the company announced record 2017 financial results. Why the sudden fall from grace? Those familiar with the aviation industry will recognize the pattern, says Henry Kikoyo of Brown Rudnick LLP.

  • Inside The Petrobras FCPA Resolution

    Gayle Littleton

    The Operation Car Wash investigation that began in 2008 brought down numerous Brazilian politicians and Petrobras officials and led to one of the largest Foreign Corrupt Practices Act settlements last month. The resolution highlights the myriad ways in which Petrobras failed to implement a robust anti-corruption compliance program, say attorneys with Jenner & Block LLP.