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Commercial Contracts

  • December 18, 2018

    DC Circ. Won't Rehear Med Tech Co.'s $400M Award Denial

    The D.C. Circuit on Tuesday denied a medical technology company’s bid for a rehearing en banc after a panel affirmed a lower court decision to reject a $400 million arbitral award the company secured against the Czech Republic Ministry of Health for sabotaging the company in the 1990s.

  • December 18, 2018

    Weinstein Co. Successor's $2.2M 'Peaky Blinders' Deal OK'd

    A Delaware bankruptcy court has approved a $2.2 million settlement to end a dispute between the international distributor of British period crime television drama “Peaky Blinders” and the successor to the bankrupt The Weinstein Co. over the rights to the series.

  • December 18, 2018

    Telecom Servicer Dycom Faces 2nd Suit Over Permitting Woes

    Dycom Industries Inc. has been hit with a shareholder derivative suit over stock price drops allegedly caused by misrepresentations from the telecommunications infrastructure company's board about permitting uncertainties for its larger projects — the second such suit to be filed in Florida federal court in the past two months.

  • December 18, 2018

    Jay-Z Seeks Paris Hilton, Jessica Simpson Scent Deals' Info

    Lawyers for musician Jay-Z and the perfume company accusing him of failing to promote a branded scent have asked a New York state judge to sign off on subpoenas related to similar deals for socialite Paris Hilton, singer Jessica Simpson and fashion businessman Vince Camuto.

  • December 18, 2018

    NJ Car Dealer Can't Force Arbitration Of 'Hidden Fee' Suit

    The New Jersey Appellate Division on Tuesday upended a trial court ruling forcing arbitration of class claims that a car dealership charged a “hidden fee” to customers trading in used cars as part of their vehicle purchases, saying an agreement did not state that disputes could only be resolved via arbitration.

  • December 18, 2018

    Architect Hit With $12.5M Suit By NYC Hotel Developer

    A development company that spent more than $23.5 million acquiring condominium units in New York’s garment district is seeking at least $12.5 million in damages from an architect and his firm for allegedly failing to give proper advice regarding the restrictions on building a new hotel in a neighborhood under the New York City Zoning Resolution, according to a complaint filed in New York state court.  

  • December 17, 2018

    Astros, Rockets Urge Start Of Comcast Deal Valuation

    The Houston Astros and Houston Rockets on Monday urged a Texas bankruptcy court to move forward with proceedings to determine the value of a 2010 contract with Comcast to televise games, the latest development in a prolonged dispute over a now-defunct regional sports network.

  • December 17, 2018

    Miami Builder Evades Multimillion-Dollar Suit Before Trial

    Miami-area developer Edgardo Defortuna avoided a trial Monday in a lawsuit accusing him of fraudulently directing funds for an oceanfront condominium tower to affiliated entities while stiffing investors and lenders, but his accusers vowed to fight a decision they said was based on technicalities.

  • December 17, 2018

    Ex-Pres Of Energy Co. Gets 3.5 Years For $2.3M Lease Scam

    A Texas federal judge on Monday denied a bid from the former president of an oil and gas company to withdraw his guilty plea to fraud charges, rejected his argument that no investors were actually defrauded in a lease scam and sentenced him to 42 months in prison.

  • December 17, 2018

    2nd Circ. Affirms Safeco's Win In Corps Project Row

    The Second Circuit held that a lower court was right in concluding that Safeco Insurance Co. of America is entitled to indemnification from a construction contractor for losses suffered under bonds issued for Army Corps of Engineers projects, finding no merit to claims that the insurer flouted its contractual obligations or acted in bad faith.

  • December 17, 2018

    AT&T Retailer Says Firm Owes $1M After Exiting Labor Suit

    The nation’s largest AT&T wireless retailer has told a Texas state court it is seeking more than $1 million from Ragsdale Liggett PLLC because the firm didn’t keep its word to provide free representation for the remainder of a suit over unpaid overtime and bonuses after missing a filing deadline.

  • December 17, 2018

    Port Authority Hit With Tax Suit Over Parking Permits

    The Port Authority of New York & New Jersey has been forcing private parking garages at area airports into permit contracts the garage owners say amount to illegal taxation and anti-competitive business practices, according to a suit filed Friday in New York federal court.

  • December 17, 2018

    Ex-NWA Rep's 'Straight Outta Compton' IP Suit Nears Toss

    A California federal judge on Monday tentatively threw out the third iteration of an intellectual property lawsuit accusing NBCUniversal Inc. and others of stripping a former N.W.A. manager of co-authorship rights on the film “Straight Outta Compton,” finding there wasn’t enough evidence that he was actually a co-author.

  • December 17, 2018

    Boston Firm Dodges Chobani Consulting Fee Suit

    The Boston-based Sassoon & Cymrot LLP has shaken all claims in a suit in New York federal court brought by the former boyfriend of the ex-wife of Chobani's founder, who accused the firm of cutting him out of a consulting fee in her case over ownership of the yogurt company.

  • December 14, 2018

    Texas Panel Vacates Arbitration Denial In Oxbow Case

    A Texas appeals court has overturned lower court rulings that had denied Oxbow Calcining LLC's bid to compel arbitration in its dispute with Port Arthur Steam Energy LP stemming from a heat energy agreement that deteriorated after environmental regulations increased costs.

  • December 14, 2018

    Airline May Face Sanctions For Withholding Docs In Site Fight

    A Canadian budget airline should be punished with sanctions, including dismissal of its complaint, for failure to produce crucial documents in its cybersquatting suit against a web design company, a travel consultancy and their shared director, the defendants told an Illinois federal court on Thursday.

  • December 14, 2018

    Jay-Z Adds Star Power To Diversity Concerns In Arbitration

    While it's unclear whether a recent argument made by the rapper Jay-Z relating to an alleged lack of diversity among available arbitrators would have ultimately prevailed, experts say the mogul has shone a 10,000-watt spotlight on a long-standing issue within arbitration.

  • December 14, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen an Italian investment boutique sue a film production company, MMA and Axa sue shipper MSC and a wealth management firm lodge a part 8 action against major banks like Barclays and HSBC.

  • December 14, 2018

    JFK Ground Handling Co. Settles Kickback Claims for $12.3M

    A ground services company at John F. Kennedy International Airport has agreed to pay $12.3 million to settle claims it paid kickbacks for contracts with British Airways and others at Kennedy and airports across the country, according to the New York State Attorney General’s Office.

  • December 14, 2018

    Texas Justices Won't Hear Ranbaxy's Patent Arbitration Row

    The Texas Supreme Court on Friday denied a petition from Ranbaxy Inc. in a lawsuit where a lower appellate court allowed a fellow generic-drug maker to move forward in arbitration with claims it had been tricked into assigning patent rights to Ranbaxy.

Expert Analysis

  • Last-Minute Brexit Preparations For EU Financial Firms

    Gilles Kolifrath

    As the deadline for a hard Brexit draws ever closer, financial firms operating in the United Kingdom or European Union must consider how possible outcomes will impact transactions and contractual relationships, and take steps to mitigate business interruptions, say Gilles Kolifrath and Linda Sharkey of Kramer Levin Naftalis & Frankel LLP.

  • Calif.'s Top Employment Law Developments In 2018

    Mellissa Schafer

    Following an influx of new employment laws enacted in California this year, employers in the state once again have their work cut out for them when it comes to addressing and complying with new legislation that mostly takes effect at the start of 2019, says Mellissa Schafer of Hinshaw & Culbertson LLC.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • In A Landlord Bankruptcy Sale, What Happens To The Lease?

    Michael Cook

    Few cases address a landlord debtor’s bankruptcy and its effect upon tenants. The matter of Revel AC, decided by the Third Circuit on Nov. 30, deals not only with that issue but also with the effect of a Section 363(f) bankruptcy court’s asset sale order, says Michael Cook of Schulte Roth & Zabel LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • Contract Provisions Can Indemnify A Contractor's Negligence

    Keith Broll

    Recent case law shows that some indemnity provisions are enforceable even if a contractor is found to have been negligent or at fault. Contractors should carefully consider any language that may contractually shift liability for their own negligence to other parties, says Keith Broll of Becker & Poliakoff PA.

  • Recent Trends In Intercreditor Agreements

    Excerpt from Lexis Practice Advisor
    Bruce Cybul

    In the current commercial real estate market, mortgage lenders' cautious approach should continue to provide mezzanine lenders with ample opportunities. By maintaining an important role in transactions, mezzanine lenders can gain more leverage when negotiating intercreditor agreements, say attorneys at Schulte Roth & Zabel LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Employee Arbitration Agreements In NJ Face New Hurdles

    Benjamin Teris

    New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.