Commercial Contracts

  • April 23, 2018

    Avaya Ch. 11 Judge Pegs SAE's Trade Secrets Claim At $1.2M

    A New York bankruptcy judge estimated SAE Power Inc.'s misappropriation of trade secrets claim against bankrupt Avaya Inc. over a power supply design at just $1.21 million on Monday, after SAE had insisted that it and two other claims were worth a total of $380 million.

  • April 23, 2018

    NBC Wins Bid To Arbitrate $30M 'Housewives' Defamation Suit

    A Florida federal judge has ordered a former business partner of “Real Housewives of New Jersey” star Melissa Gorga to arbitrate her $30 million defamation suit against Gorga, NBC Universal and related parties, saying the woman’s claims are subject to an arbitration provision in her contract with the show’s production company.

  • April 23, 2018

    Bulgarian Telecom Fights Injunction Bid Over $6.7M Claim

    A Bulgarian telecommunications provider urged a New York federal court Monday not to freeze certain funds related to a complex satellite financing deal while an arbitral tribunal considers a California company's $6.7 million claim against it, saying the motion is a bullying tactic.

  • April 23, 2018

    Weinstein Co. Skirting Film Ownership Issue, Producer Says

    The producers of a film about the 2008 terror attacks on Mumbai, India, defended their attempt to remove the movie from a list of assets being sold by The Weinstein Co. through its Chapter 11 case, saying the debtor needs to address questions of ownership of a distribution contract.

  • April 23, 2018

    Covington Hires Ex-Wilson Sonsini Tech Deals Pro

    Covington & Burling LLP said it has bolstered its technology transactions practice in Silicon Valley with the hire of a former longtime Wilson Sonsini Goodrich & Rosati partner who has advised on intellectual property matters in multiple billion-dollar transactions.

  • April 23, 2018

    Zohar Reaches Deal To End Dismissal, Stay Fights In Ch. 11

    The Zohar Funds told a Delaware bankruptcy judge Monday that they had reached terms with creditors and insurers to resolve a motion to dismiss the Chapter 11 cases of the debtors, eliminating the need for scheduled hearings on the matter.

  • April 23, 2018

    Failed Fraud Doesn't Doom $4.9M Award In Steel Sale Row

    An English appeals court on Monday upheld the enforcement of a $4.9 million arbitration award issued to a Chinese metals supplier against a British company over an alleged breach of a steel contract, finding that although the manufacturer may have tried to forge shipping documents, it failed, and failed forgery is no fraud at all. 

  • April 23, 2018

    Construction Firm Says German Solar Panel Co. Has NJ Ties

    A construction firm seeking to enforce a $1.9 million arbitration award against German solar panel supplier Recom AG urged a New Jersey federal judge Monday to block the company’s effort to avoid paying the award, saying Recom AG has sufficient ties to the district and the underlying contract in the case.

  • April 23, 2018

    Jury Rejects Antitrust Claims Against Grocery Wholesaler

    A Minnesota federal jury has found for C&S Wholesale Grocers Inc. in antitrust multidistrict litigation seeking hundreds of millions of dollars in damages, concluding that several Midwestern retail grocers failed to show that the wholesaler agreed to not compete with Supervalu Inc. for customers in the region.

  • April 23, 2018

    Miami Slams Marlins' 'Sour Grapes' Push For Arbitration

    Miami asked a Florida federal court Friday to deny a "sour grapes" bid by the Marlins to dissolve a state court finding that international arbitration can’t be used in a dispute over the government’s piece of the baseball team’s $1.2 billion sale, saying the federal court shouldn't get involved and calling the team "state court losers."

  • April 23, 2018

    Pediatrix Accuses Aetna Of Pressure To Lower Claims

    National pediatric services provider Pediatrix Medical Services Inc. on Friday sued Aetna Inc. in Texas state court and Florida federal court, alleging that the insurer has engaged in a systematic scheme to pressure and manipulate medical providers to reduce claims payments.

  • April 23, 2018

    Dealerships Slam Fiat Chrysler's Bid To Bury RICO Claims

    Auto dealerships told an Illinois federal judge Friday that they’ve established standing to sue Fiat Chrysler under the Racketeer Influenced and Corrupt Organizations Act, insisting they’ve backed up amended allegations that the auto giant conspired with certain favored franchisees to artificially inflate sales figures to score incentives.

  • April 23, 2018

    Shell Unit Can't Duck Class Action Over Pa. Lease Bonuses

    A Pennsylvania federal judge on Friday sided with landowners in a class action alleging a Royal Dutch Shell unit failed to pay them contractually obligated bonuses on oil and gas leases, saying the documents exchanged between the company and landowners in brokering the leases constituted an enforceable contract.

  • April 23, 2018

    Brooklyn Nets Slap Ex-Headphone Sponsor With TM Suit

    The Brooklyn Nets LLC sued Monster Inc. for trademark infringement in New York federal court Friday, claiming the California company breached a sponsorship agreement under which Monster was designated the official headphone and speaker sponsor of the professional basketball team.

  • April 23, 2018

    Romo's Co. Can't Revive Suit Against NFL Over Fan Confab

    A Texas appeals court has upheld the dismissal of a suit alleging the National Football League interfered with a football fan convention organized by a promotion company with ties to former Dallas Cowboys quarterback Tony Romo, ruling Friday the league was justified in enforcing its gambling policy.

  • April 20, 2018

    Michael Cohen Says FBI Raid Must Pause Stormy Daniels Row

    Counsel for longtime President Donald Trump attorney Michael Cohen urged a California federal judge Friday to stay adult film star Stormy Daniels' suit over her agreement to keep quiet about a purported affair with Trump, arguing that the recent FBI raid of Cohen's office leaves him unable to defend the suit without imperiling his Fifth Amendment rights.

  • April 20, 2018

    NJ Won't Join FCA Suit Over Turf Sold To Schools, Towns

    New Jersey has declined to intervene in a False Claims Act suit brought by former FieldTurf USA Inc. executives alleging that the company knowingly sold defective artificial field turf to schools and towns but concealed the defects from the consumers.

  • April 20, 2018

    Gazprom Files For Contract Termination In Gas Supply Row

    Gazprom on Friday asked arbitrators in Stockholm to sign off on its decision to terminate gas supply and transit contracts with Ukraine's Naftogaz, after negotiations to restart supplies following Naftogaz's $2.56 billion arbitral award ended without a deal.

  • April 20, 2018

    Disney Workers Urge 9th Circ. To Revive Valeant ERISA Suit

    Former Walt Disney Co. employees have urged the Ninth Circuit to revive their suit alleging their pension plan trustees breached a fiduciary duty by not monitoring a mutual fund’s investments in now-embattled Valeant, arguing the lower court incorrectly treated their allegations as stock-drop claims.

  • April 20, 2018

    Arnold & Porter Picks Up Antitrust Partner In London

    Arnold & Porter has hired a veteran international arbitration and antitrust litigation attorney with a background in investor state and commercial contract disputes from Shepherd and Wedderburn LLP, the firm recently announced. 

Expert Analysis

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Crypto Set To Drive Demand For Traditional Services: Part 1

    Collin Starkweather

    The widespread adoption and increasing regulation of virtual currencies and related technologies will give rise to the need for individuals with expertise in traditional fields, such as financial services and tax, say Collin Starkweather, a principal at Charles River Associates, and Izzy Nelken, a member of the Chicago Board Options Exchange's product development committee.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Common Pitfalls In Cross-Border M&A

    Siegmar Pohl

    When negotiating and closing deals between U.S. and European or Asian companies, applying well-known principles of one jurisdiction can sometimes lead to unexpected outcomes in another. Siegmar Pohl and Shin Iwata of Squire Patton Boggs LLP discuss hidden liabilities, cultural differences and other surprises in cross-border mergers and acquisitions.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Where’s The Harm? NJ Justices Offer Consumer Law Insights

    Christina Sarchio

    With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.

  • DC Circ. Puts Union Blocking Charges On Chopping Block

    Kevin Brown

    The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.