Commercial Contracts

  • July 21, 2017

    $11.2M Ashley Madison Data Breach Deal Gets Go-Ahead

    A Missouri federal judge on Friday preliminarily approved a proposed $11.2 million deal to end a suit over online dating site Ashley Madison’s 2015 data breach, giving the deal a nod just days after its proposal and the same day as a hearing on the subject.

  • July 21, 2017

    Intel, Apple Tag Qualcomm As 'Monopolist' In IP War At ITC

    Apple and Intel hit hard at Qualcomm in public statements filed Thursday with the U.S. International Trade Commission in a case where the chipmaker is seeking to bar iPhones that allegedly infringe its patents, with both companies accusing Qualcomm of seeking a monopoly on the technology.

  • July 21, 2017

    Orange Owes $60M For Startup-Killing IP Theft, Jury Told

    An attorney for defunct startup Telesocial Inc. told a California federal jury during closing arguments Friday that Orange SA destroyed the young company by stealing its trade secrets instead of buying its communications technology, while Orange’s attorneys denied responsibility for Telesocial’s failure and argued no theft occurred.

  • July 21, 2017

    IDT Can't Escape $1.5M Verdict For Former Exec

    IDT Corp. lost its bid to avoid paying an additional $1.5 million in severance to a former company executive on Friday when a New Jersey state appeals court found there was sufficient evidence for jurors to conclude the parties had entered into an enforceable oral agreement for such a payment.

  • July 21, 2017

    Fla. Dealer Says Land Rover Imposed Unfair Sales Goals

    The owner of a Florida Land Rover dealership has sued Jaguar Land Rover North America LLC in federal court, claiming the company has imposed unreasonable sales quotas and unlawfully discriminated against it by assigning an overly large market area and overlooking competing dealerships' deceptive sales practices.

  • July 21, 2017

    Ole Miss Football Coach Resigns Amid Suit From Predecessor

    The University of Mississippi on Thursday said that head football coach Hugh Freeze resigned after a “pattern of personal misconduct” came to light amid a lawsuit by his predecessor alleging that the school was scapegoating him for a separate NCAA infractions case involving the football team.

  • July 21, 2017

    OPI Says Spanish Ex-Distributor Row Must Be Arbitrated

    Nail polish manufacturer OPI Products Inc. has urged a California federal court to compel a Spanish salon products distributor to arbitrate a dispute over a distribution agreement, saying it believes the Spanish company intends to violate the agreement’s arbitration provision by suing in its home country.

  • July 21, 2017

    WilmerHale Must Face 'Freeze-Out' Suit, Appeals Court Says

    The Massachusetts Appeals Court on Friday revived a lawsuit against WilmerHale and two attorneys, ruling that lawyers may owe fiduciary duties to minority shareholders of close corporations even when those shareholders aren’t their clients.

  • July 21, 2017

    Pa. Justices Urged To Hear Appeal Over Bum Super Bowl Tix

    The Pennsylvania Supreme Court was urged Friday to hear an appeal after a group of Super Bowl XLV ticket holders who were left without seats to the big game were barred from reasserting claims against the National Football League after their case was moved from federal to state court.

  • July 21, 2017

    Gov't Says Ariz. Agency Can't Sue In Tribal Water Row

    The federal government on Thursday urged a federal judge to throw out a complaint against it from an Arizona water district in an Ak-Chin Indian Community suit accusing the district of refusing to deliver all of the water to which the tribe is entitled to its reservation, saying that its sovereign immunity was never waived. 

  • July 21, 2017

    Freeh Says Ex-PSU President's Conviction Dooms Libel Suit

    Former FBI Director Louis Freeh on Thursday asked a Pennsylvania state court judge to end a libel suit from ex-Penn State President Graham Spanier over a report addressing the university’s handling of the Jerry Sandusky sex-abuse scandal, pointing to Spanier’s March criminal conviction.

  • July 20, 2017

    Pa. Judge Clears Claims In $140M Rail Depot Fraud Row

    A Pennsylvania federal judge agreed Wednesday to allow a railway company to continue pursuing claims to recoup $140 million after its business partners allegedly schemed their way out of a contract over a newly constructed facility to transfer shipments of crude oil from trains onto barges.

  • July 20, 2017

    Greenberg Fights Ex-Client's DQ Bid In Wine Biz Fray

    Greenberg Traurig LLP accused a California winemaker and former client on Wednesday of trying to “wipe the slate clean” in a business breakup dispute through a recent tactical disqualification bid.

  • July 20, 2017

    Texas Partnership Ruling Lets Midstream Cos. Breathe Easier

    When it wiped out a $535 million judgment in a closely watched pipeline partnership dispute, a Texas appellate court this week reassured a shaken midstream energy sector its companies can rely on the steps they take to disclaim creating a partnership, experts say.

  • July 20, 2017

    Quincy Jones Tells Jury Michael Jackson Co. ‘Cheated’ Him

    Grammy-award winning music producer Quincy Jones took the stand Thursday in his $30 million royalties suit against Michael Jackson’s production company, saying he was “cheated out of a lot of money” generated by the hit albums he produced for the late King of Pop.

  • July 20, 2017

    Wis. Court Nixes Doctor’s Win Over Health Clinic Firing

    A Wisconsin appellate court on Thursday reversed a jury verdict in favor of a doctor claiming he was unlawfully fired following a health clinic operator’s internal probe of allegations of inappropriate touching of patients, saying his contract allows for termination without cause and therefore the suit should’ve been tossed.

  • July 20, 2017

    Fla. Judge Affirms $20M Arbitration Award In Samsung Row

    A Florida judge affirmed a $20 million arbitration award Wednesday for a Latin American unit of Samsung in a dispute with a Miami-area phone distributor over a breach of an agreement to sell Samsung phones.

  • July 20, 2017

    Chancery Halts ServiceMesh Case For Criminal Investigation

    A Delaware Chancery judge on Thursday granted the U.S. government’s request to halt all discovery in a case alleging the founder of cloud computing company ServiceMesh Inc. paid bribes to score nearly $100 million in earn-out payments from the company's sale, so the feds can finish a criminal investigation.

  • July 20, 2017

    HK Court Shuts Down AIG Appeal Over Award, Again

    Months after scolding AIG for its "totally without merit" challenge to an arbitral award canceling the insurer's rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, a Hong Kong appeals court has once again rebuffed AIG.

  • July 20, 2017

    Jersey Casino Seeks $10M From Maker Of Defective Cards

    An Atlantic City hotel casino asked a New Jersey federal court on Wednesday for an award of $10.13 million from the manufacturer of defective playing cards at the heart of a broader lawsuit against two professional gamblers who exploited a card abnormality while playing Mini Baccarat.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • When LinkedIn Emails Don't Violate A Noncompete

    James Patton Jr.

    An Illinois state appeals court's recent decision in Bankers Life & Casualty v. American Senior Benefits serves as another reminder to employers that the type of activity in question is crucial in determining whether an individual violates his or her nonsolicitation agreement on social media, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Equity And Incentive Compensation Plans For Startups

    Excerpt from Lexis Practice Advisor
    Jotham Stein

    To effectively advise startups, and the investors that frequently finance them, it is imperative to understand startup equity and incentive compensation structures. Jotham Stein of the Law Offices of Jotham S. Stein PC discusses common compensation practices of investor-backed, Kickstarter-funded and bootstrapped startup enterprises.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.