Commercial Contracts

  • January 19, 2018

    New MLB Collusion Rumors May Reveal Bigger Issues

    With the Major League Baseball free-agent market the quietest it has been in years, rumors that the teams may be colluding with one another to avoid offering big contracts have begun to swirl, but experts say a grievance may be hard to prove as the economics of baseball have changed. 

  • January 19, 2018

    Counsel Scores $2M In Fees From Trump Fla. Golf Club Spat

    Counsel for members of a golf club owned by President Donald Trump landed a fee award of $2.1 million in Florida federal court Friday, following the class’ win of a $5.7 million refund triggered by the club’s change in ownership when Trump took over Jupiter Golf Club LLC.

  • January 19, 2018

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

    The last week has seen a dispute between a Dubai commodities trading firm and a foreign exchange trader, a contract suit against the Bank of Georgia, and a Swiss asset manager sue retailer L.K. Bennett, its founder and its former private equity owners. Here, Law360 looks at those and other new claims in the U.K.

  • January 19, 2018

    Wells Fargo RMBS Suit Shouldn't Get Class Cert., Judge Says

    A New York federal judge has said that a suit that accuses Wells Fargo Bank NA of failing to properly oversee residential mortgage-backed securities for Royal Park Investments and other investors shouldn’t be allowed to move forward as a class action.

  • January 19, 2018

    Canadian Hardware Supplier RCR Seeks Ch. 15 In Del.

    Quebec-based home improvement products maker RCR International Inc. filed a Chapter 15 petition late Thursday in Delaware seeking to protect its U.S. assets from creditors and ensure performance on key contracts while it tries for a potential sale under Canadian court supervision.

  • January 19, 2018

    Rams Ticket Holders Urge Court To Force Owner's Deposition

    A proposed class of Rams fans who had their season tickets canceled when the NFL team moved to Los Angeles urged a Missouri federal court Thursday to force team owner Stan Kroenke to appear at a deposition after he declined to appear as requested.

  • January 19, 2018

    Sony, Movie Producer Settle Suit Over 2014 Cyberattack

    The producer of the 2015 film "To Write Love On Her Arms" agreed to settle its breach of contract claims against Sony Pictures over the leak of its film to the public in the wake of the 2014 Sony cyberattack.

  • January 19, 2018

    Simon-Starbucks Case May Give Landlords A Legal Roadmap

    Starbucks Corp. earlier this week settled with mall owner Simon Property Group following a ruling by a judge in late 2017 that said Starbucks had to keep dozens of Teavana stores open despite the company's wish to shutter them, and lawyers say landlords — now armed with the knowledge of the way the case played out — may follow the real estate investment trust's lead.

  • January 18, 2018

    Fired ‘Walking Dead’ Producer Sues AMC Again, Seeks $10M

    A former producer of AMC’s hit television show “The Walking Dead” sued the network Thursday in New York state court for a second time, accusing it of hiding evidence in his first suit and asking for at least $10 million in damages following an audit of its accounting.

  • January 18, 2018

    Weyerhaeuser Can't Upend Domtar Win On Post-Sale Fight

    The Third Circuit on Thursday affirmed Weyerhaeuser's loss in a suit over who had to pay some $9 million in workers' comp costs for retired workers after the $3.3 billion sale of a business unit to Domtar Corp., saying Weyerhaeuser spent years acting like it was the one responsible, and that was enough to make it the one responsible.

  • January 18, 2018

    Toisa Owner Release Deal Gets OK Over US Trustee Objection

    A New York bankruptcy judge on Thursday approved a settlement that would shake up Toisa Ltd.'s corporate governance and release the bankrupt oil fleet operator's sole shareholder from potential creditor litigation, strongly rebuking the U.S. Trustee's office for challenging a deal with unanimous support from stakeholders.

  • January 18, 2018

    Investor In Wine Distributor Wants $28M Award OK'd

    An investor in a Chilean wine distributor urged a Florida federal court Wednesday to confirm a $28 million arbitration award against a controlling shareholder who the investor says has been dodging service in multiple countries in an attempt to avoid paying the award.

  • January 18, 2018

    RMBS Trusts Seek To Hone $1.2B Credit Suisse Trial

    The trustee for four pools of toxic residential mortgage-backed securities that allegedly caused $1.2 billion in losses at the hands of Credit Suisse asked a New York state judge on Thursday to streamline two cases against two units of the bank for trial, saying key terms from the underlying contracts should be defined in advance of trial.

  • January 18, 2018

    Dallas Slams Southwest, Delta In Fight Over Gate Access

    The city of Dallas on Wednesday urged a Texas federal court to dismiss counterclaims against it from Southwest Airlines and Delta Air Lines in a dispute over gate access at a small Dallas airport, saying they'd already been addressed by the city in its own claims.

  • January 18, 2018

    Sherwin-Williams Trims Prison Contractor’s Flaky-Paint Suit

    A New Jersey federal judge on Thursday trimmed a suit accusing Sherwin-Williams of selling a government contractor a paint system that peeled, saying two of the three claims are barred by either the economic loss doctrine or a warranty.

  • January 18, 2018

    Cardno Says Bid To Vacate $15M Award Is Time-Barred

    Cardno Ltd. has renewed its push to enforce a $15 million arbitration award it won against an Ecuadorean engineering firm that allegedly hid a bribery scheme, telling a Florida federal judge Wednesday that the South American company's counterclaims are time-barred and invite the court to overstep its authority.

  • January 18, 2018

    C&J Energy Services Sues Ex-Managers Over Competing Co.

    C&J Energy Services, a company that specializes in drilling, completing and servicing wells, filed a lawsuit in state district court in Houston Tuesday against three former employees and a new company those employees launched, alleging the trio has poached engineers and customers in violation of noncompete agreements.

  • January 17, 2018

    TransPerfect Dispute Flares Up Over Shawe's Purchase Bid

    The fighting over control of legal translation firm TransPerfect erupted again Wednesday as co-founder Elizabeth Elting pushed the Delaware Chancery Court to reject a purchase bid from rival Philip Shawe, valued at nearly $800 million, which the court-appointed custodian running the sale process said was the top offer.

  • January 17, 2018

    Panama Attys Say Trump Hotel Co.'s RICO Claims 'Absurd'

    The largest law firm in Panama hit Trump International Hotels Management LLC on Wednesday with a suit in Delaware Chancery Court, alleging the company responded to arbitration action over a “mismanaged” Panamanian hotel by throwing a temper tantrum and improperly dragging the hotel’s counsel into the fight on “absurd” claims.

  • January 17, 2018

    Judge Trims Claims Against Ford In Shattering Sunroof Suit

    Ford Motor Co. must face some of the claims in a proposed class action over allegedly defective sunroofs that can spontaneously shatter, a federal judge in the Western District of Washington ruled Tuesday, rejecting the carmaker’s argument that the Ford Escape owner behind the suit lacks standing.

Expert Analysis

  • Significant 2017 Decisions Affecting Private M&A: Part 1

    Nicholas O’Keefe

    In the first article of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss two Delaware cases with lessons on drafting working capital adjustments and fraud carveouts.

  • The Rise And Fall Of Statistical Sampling In RMBS Cases

    Amanda Lawrence

    In the early days of the residential mortgage-backed securities and repurchase litigation that followed the 2008 crisis, plaintiffs’ strategy of proving their allegations through statistical sampling was highly successful. However, in recent years, a new trend has emerged, say attorneys with Buckley Sandler LLP.

  • How Renewed CBP Focus On Forced Labor Impacts Importers

    Nancy Fischer

    The U.S. Customs and Border Protection recently renewed its focus on enforcing the decades-old U.S. ban on imports of forced labor. Pillsbury Winthrop Shaw Pittman LLP attorneys discuss the ban, North Korea-related sanctions, and recent enforcement-related actions, as well as some practical steps practitioners and importers can take to ensure compliance.

  • How Delaware Courts Approach Effort Commitments

    Henry Alderfer

    Recent cases from Delaware have provided insight into how courts analyze and interpret contractual commitments to use various levels of effort under Delaware law, says Henry Alderfer of Taft Stettinius & Hollister LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Crystallex's Implications For Holders Of Venezuelan Debt

    Richard Cooper

    As the economic situation in Venezuela continues to deteriorate and the number of bond defaults continues to mount, the Third Circuit’s recent ruling against Crystallex is a poignant reminder about the challenges of recovering on claims against a determined sovereign. However, Crystallex is not without further litigation options, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

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    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.