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Commercial Contracts

  • June 19, 2018

    Beats Mogul Says He Has Lawyers For That In $107M Trial

    Questioned on the details of a headphone royalties contract at the center of a $107 million lawsuit, Beats Electronics LLC cofounder Jimmy Iovine conceded Tuesday that he doesn’t read all his deals, telling a California jury, “I have lawyers that explain them to me.”

  • June 19, 2018

    NLRB Wants To Tackle Union Group's Class Waiver Questions

    The National Labor Relations Board urged the Seventh Circuit on Tuesday to remand a Hobby Lobby appeal over whether its arbitration agreements pass legal muster, saying that while the blockbuster Epic Systems ruling wiped out the board's initial rationale, numerous unanswered questions remain. 

  • June 19, 2018

    Zohar Says Independent Director Indemnification Is Critical

    The Zohar Funds bolstered their case in support of a retention agreement for an independent director Tuesday, telling a Delaware court that the person selected to oversee monetization of the bankrupt distressed company investment vehicle's assets should be given protection from litigation in the form of indemnification.

  • June 19, 2018

    AngioDynamics Seeks Biolitec Patents To Satisfy $75M Award

    Medical technology company AngioDynamics Inc. hit Biolitec AG and its fugitive owner with a lawsuit in Massachusetts federal court seeking to gain control of the company’s patents to satisfy a nearly $75 million judgment that Biolitec has dodged for over four years.

  • June 19, 2018

    Tribe Sues Contractor Over Alleged Hydro Project Delays

    The Native Village of Chignik Lagoon hit Orion Marine Contractors Inc. and Liberty Mutual with a lawsuit in Alaska federal court Monday over the contractor's allegedly late and deficient construction work on a hydroelectric project.

  • June 19, 2018

    US Bank Faces New Count In Del. Student Loan Trust Suit

    U.S. Bank NA on Tuesday was targeted for a new, alternative breach of contract count in an amended, sweeping Chancery Court lawsuit seeking damages against service providers for securitized student loan trusts once worth $15 billion.

  • June 19, 2018

    Nutraceutical Co. Must Pay $5.4M Chinese Award, Court Says

    A California federal judge on Monday confirmed an approximately $5.4 million arbitral award issued to two individuals following a dispute with a nutraceutical company over shares in a Chinese biotechnology firm, rejecting the company's arguments that it had not signed the applicable agreement.

  • June 19, 2018

    Whole Foods Nabs Partial Win In Yogurt Sugar Content Row

    A federal judge in Texas has handed a partial victory to Whole Foods Market Inc., holding that its supplier of Greek yogurt did breach an agreement between the parties by failing to cover the cost of both underlying litigation over a labeling inaccuracy and a subsequent voluntary recall of the products.

  • June 19, 2018

    Bahamas Man's NYC Meetings Trigger Fraud Claims: 2nd Circ.

    A judge erred in dismissing federal securities fraud claims against a Bahamian businessman accused by a U.S. backer of filching $343,000 from him, the Second Circuit held Tuesday, finding that their New York City meetings to discuss restaurant investing triggered jurisdiction in Manhattan federal court.

  • June 19, 2018

    6th Circ. Says T-Mobile Not Responsible In 911 Caller Suit

    The Sixth Circuit on Tuesday affirmed that a district court judge was correct to find T-Mobile had 911 service provider immunity in a suit brought by a man who suffered a heart attack and couldn't get through to emergency personnel, saying the carrier is not responsible for his injuries. 

  • June 19, 2018

    Military Contractors Who Sold Co. Win $70M Earnout Fight

    The owners of a military contracting firm who sold the company to GardaWorld Corp. persuaded a New York judge to rule in their favor Tuesday in a contract dispute that could trigger up to $70 million in earnout payments, with the judge saying there’s “no question” that the contract favored them.

  • June 19, 2018

    Buyer Wants Nissan '0% Financing' Suit Back In State Court

    The car buyer accusing a Nissan contractor and a New Jersey dealership of falsely claiming their vehicle service agreements could be financed with no-interest payments defended his putative class action from a dismissal bid on Monday, arguing that his case should be returned to state court.

  • June 19, 2018

    Ice Cream Butterfat Row Headed For Boston Trial In July

    Rival dessert makers 600 lb. Gorillas Inc. and Mister Cookie Face LLC on Tuesday sparred in a Massachusetts federal court over whether customer complaints about the amount of butterfat in its ice cream sandwiches will be revealed to a jury when the breach of contract case goes to trial in Boston in July.

  • June 19, 2018

    Satellite Operator Blasts 'Baseless' Challenge To $1M Award

    A Bermuda-based satellite operator urged a New York federal judge Monday to confirm a $1 million arbitral award stemming from a soured transaction, accusing a Korean satellite communications provider of doing everything in its power to get out of paying up.

  • June 19, 2018

    Jack In The Box Franchisees Lose TM Appeal At 9th Circ.

    The Ninth Circuit on Monday affirmed a California federal judge's decision siding with Jack in the Box Inc. in a trademark dispute against two franchisees who continued operating under the fast-food chain's name after failing to pay royalties and other fees.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 18, 2018

    Feds Downplay Testimony From Ex-Katten Atty's Loss Expert

    Brooklyn federal prosecutors sought to counter a bid by former Katten Muchin Rosenman LLP attorney Evan Greebel to reduce his potential sentence for fraud conspiracy on Monday, asking an expert witness questions that seemed meant to diminish his testimony on legal issues faced by life sciences startups.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

Expert Analysis

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • New Licenses Ease Ukraine, Russia Business Wind-Downs

    Seetha Ramachandran

    The U.S. Department of Treasury Office of Foreign Assets Control continues its effort to allow U.S. persons to wind down operations or existing contracts that would otherwise violate Ukraine- and Russia-related sanctions. Even though OFAC has issued general licenses for this purpose, U.S. persons may need to obtain specific licenses to fully divest their interests, say attorneys with Schulte Roth & Zabel LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • A Growing Divide On Trademark License Rights In Bankruptcy

    Luke Barefoot

    The U.S. Supreme Court has been asked to clarify in the case of Tempnology the extent to which trademark license rights survive rejection in bankruptcy proceedings. In the meantime, licensees face continued uncertainty on their ability to use licensed trademarks following rejection, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • E-Signature Laws Provide Legal Framework For Blockchain

    Brian Casey

    The drafters of the Uniform Electronic Transactions Act had the foresight to create a model electronic signatures and records law that, 19 years later, readily accommodates blockchain-based transactions. Businesses should consider utilizing UETA compliance checklists before proceeding with blockchain transactions or smart contracts, says Brian Casey of Locke Lord LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Opinion

    Don’t Revoke The Music Licensing Antitrust Decrees

    Glenn Manishin

    The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.