Commercial Contracts

  • April 21, 2017

    Westinghouse Ch. 11 Threatens Fate Of US Nuclear Projects

    The recent bankruptcy filing of Westinghouse Electric Co. LLC, Toshiba’s global nuclear energy arm, could put the fate of its unfinished nuclear reactor projects in the U.S. at risk, the Congressional Research Service said, noting concern over the federal government’s $8.3 billion in guaranteed liabilities.

  • April 21, 2017

    Wal-Mart Ordered To Pay $12M For Lifting Trade Secrets

    An Arkansas jury on Friday awarded digital agency Cuker Interactive LLC more than $12 million in trade secret damages from Wal-Mart Stores Inc. after it lodged counterclaims against the big-box retailer in a dispute arising from a contract for website development.

  • April 21, 2017

    Korean Co. Loses Bid For Arbitration In Resort Sale Dispute

    A Korean hotel company must answer allegations of fraud and breach of fiduciary duty from a minority shareholder in a Northern Mariana Islands golf resort owned by the company in commonwealth court, a federal judge ruled Thursday, rejecting the company’s move to compel arbitration.

  • April 21, 2017

    Bankrupt Ryckman Creek Floats Deal With Gas Storage Client

    Ryckman Creek Resources LLC proposed a settlement Friday in Delaware bankruptcy court that would resolve both prepetition and post-petition litigation brought by Anadarko Energy Services Co. relating to gas storage contracts at the debtor’s Wyoming facility.

  • April 21, 2017

    Patent Atty Alleging Ford Kept Her Jobless Says Suit Has Legs

    An unemployed patent attorney told a Michigan federal court Thursday that there’s no reason to throw out her antitrust lawsuit against Ford for allegedly conspiring to keep her out of a job despite her submitting more than 600 applications to various other employers.

  • April 21, 2017

    NY Business Lending Venture Was A Sham, Co-Owner Says

    A New York small business lending company accused its former business partners of creating fake customers to siphon off more than $1 million in seed money for their personal use, according to a complaint filed in New York federal court on Thursday.

  • April 21, 2017

    BCBG Says Court Can Quickly Resolve Azria Contract Feud

    Bankrupt women's apparel company BCBG Max Azria Group Inc. Wednesday again pushed for a quick resolution of its contract dispute with founder Max Azria and his wife Lubov, once again arguing the company’s 2015 restructuring agreement and Lubov’s employment agreement are two separate contracts.

  • April 21, 2017

    Vendor Seeks Probation In MillerCoors Marketing Fraud Case

    A fraudulent vendor who pled guilty to her role in an $8.6 million scheme to help a former MillerCoors LLC executive submit phony invoices for nonexistent beer marketing events asked an Illinois federal judge on Friday for a sentence of probation, saying she faces extenuating circumstances.

  • April 21, 2017

    Tribal Embezzlement Suit Stayed For Criminal Case

    A California federal judge hit pause Thursday on the Paskenta Band of Nomlaki Indians’ lawsuit accusing former tribal officials of a wide-reaching, multimillion-dollar embezzlement scheme while new, related criminal charges against some of the ex-officials play out, with a few exceptions.

  • April 21, 2017

    Meyer Darragh Urges Pa. Justices To Reinstate Fee Claim

    Meyer Darragh Buckler Bebenek & Eck PLLC has urged the Pennsylvania Supreme Court to reinstate its bid to recoup litigation costs from rival Malone Middleman PC after an attorney jumped from one firm to the other with a client who later landed a $235,000 settlement.

  • April 21, 2017

    Contractor Can't Preclude Bonds Access In LNG Project Row

    The Supreme Court of Western Australia on Thursday denied a bid by an Australian construction subcontractor to stop JKC Australia LNG Pty. Ltd. from accessing AU$39.2 million ($29.55 million) in bonds during arbitration relating to a dispute over a giant oil and gas project.

  • April 21, 2017

    7th Circ. Skeptical Of Insurance ERISA Suit, Class Cert.

    A Seventh Circuit panel had serious questions about the certification of four classes containing 10 million Health Care Service Corp. customers and the claims underlying their suit Friday, with one judge grilling class counsel on how the insurer violated the law at the heart of the case.

  • April 21, 2017

    Ship’s Failure Cost $3M In Spoiled Bananas, Chiquita Says

    The owners of a refrigerated ship transporting Chiquita bananas in the Mediterranean are in a bunch after an engine failure caused weekslong shipping delays, spoiling produce on board and costing Chiquita an estimated $3 million, according to a suit filed Thursday in New York district court.

  • April 21, 2017

    Cosi Fights Over $2M In Shareholder Claims In Ch. 11

    Fast-casual restaurant chain Cosi Inc. filed an objection Thursday in Massachusetts bankruptcy court to more than $2.3 million in claims by equity shareholders, while a former executive asked the court to deny the debtor’s assumption of his noncompete agreement.

  • April 21, 2017

    Trucking Cos. Score Quick Win In Contract Payments Suit

    A pair of trucking companies scored a quick win Thursday in an Illinois proposed class action alleging they stiffed individual truck owner-operators on contract payments, after a federal judge ruled the owner-operator’s lease agreement laid out clear time constraints for any payment disputes.

  • April 21, 2017

    KKR’s Former Cleaners Say Firm Stiffed Them $1.9M

    Two cleaning companies filed suit Thursday in New York state court against Kohlberg Kravis Roberts & Co. LP, alleging that the international private equity firm bilked them of more than $1.9 million when it terminated their contracts early and that it failed to pay damages triggered by the alleged contract breach.

  • April 21, 2017

    Co. Wants Partial Award Against Venezuela's Mining Co. OK'd

    A British Virgin Islands raw materials company has urged a Florida federal court to confirm an arbitral award requiring Venezuela's state-owned mining company to post nearly $63 million in security during an ongoing arbitration over iron ore contracts, saying a claim that the parties never agreed to arbitrate doesn’t belong in court.

  • April 21, 2017

    Sabre Fires Back At US Airways For $122M Fee Request

    Air booking company Sabre urged a New York federal court to deny US Airways' request for $122 million in attorneys' fees in an antitrust suit over a contract giving Sabre booking access to all of the airline's seats, arguing the airline didn’t produce timely records to justify its fee request.

  • April 21, 2017

    Trading Co. Wins Transfer Of $20M Arbitration Row To Calif.

    A New York federal judge has sent to a California federal court a stockbroker’s challenge to a $20 million arbitration award issued to trading company BTIG LLC, following BTIG’s argument that the dispute should play out in the same state where the arbitration took place.

  • April 21, 2017

    Obermayer Settles Ex-Associate's Bonus Suit

    Obermayer Maxwell Rebmann & Hippel LLP has agreed to a settlement to end claims from a former associate that he was bilked out of bonuses for his work.

Expert Analysis

  • Is 'Class Arbitration' An Oxymoron?

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    The premise is that “class arbitration” signifies the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding. Here we examine possible bases for the viability of class arbitration. Spoiler alert — they do not hold up to scrutiny, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • 1 Judgment, 2 Courts, 2 Countries

    Bingna Guo

    The Nanjing Intermediate People’s Court recently granted an application for recognition and enforcement of a civil judgment rendered by the High Court of the Republic of Singapore based on the principle of reciprocity. This marks a breakthrough for enforcing foreign civil judgments in China, say Bingna Guo and Bo Li of O'Melveney & Myers LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Calif. Supreme Court Clarifies 'Prevailing Party' Ambiguity

    Louie Castoria

    The California Supreme Court's decision in DisputeSuite v. Score this month resolved a division of authority among California's district courts of appeal regarding who the "prevailing party" is when a California contract case is dismissed on procedural grounds, but may be refiled in another state. This decision is a narrow one hinging on the fact that DisputeSuite will have its day in court in a distant, contractually agreed upon, ... (continued)