Commercial Contracts

  • November 17, 2017

    David Boies Could Be Cowboys Owner Jerry Jones' Hail Mary

    Dallas Cowboys owner Jerry Jones appears to have few legal options in his boiling feud with NFL Commissioner Roger Goodell, but with star litigator David Boies on his team, he has a shot at scoring points for his cause — and defending himself against possible sanctions for his outbursts, lawyers tell Law360.

  • November 17, 2017

    Inseego Suit Cites Representations Not In Deal, Sellers Say

    Attorneys representing the sellers of Feeney Wireless LLC in a $50 million merger with Inseego Corp. told a Delaware state court judge that fraud claims from the buyer should be tossed because they cite representations made by the seller that were not included in the agreed-upon terms of the transaction.

  • November 17, 2017

    LA Jury Awards $5M In Fees In Katy Perry Convent Trial

    A Los Angeles jury on Friday awarded nearly $3.5 million in legal fees to the Roman Catholic Archbishop of Los Angeles and about $1.57 million to pop star Katy Perry after a trial over whether a developer intentionally interfered with Perry's $14.5 million bid to buy a sprawling former convent by entering her own deal to buy the property from two nuns.

  • November 17, 2017

    Del. Court Nails Down $12B Student Loan Trust Control

    Attorneys battling over control of $12 billion worth of investment trusts holding 800,000 securitized student loans moved Friday to settle a key ownership impasse that snarled disputes in multiple courts over slipshod loan management and unsupported default and collection lawsuits.

  • November 17, 2017

    ND Tribe Member Urges Rethink Of Co.'s Win In Royalty Row

    A Three Affiliated Tribes member and his attorney urged a North Dakota federal judge Thursday to reconsider his decision to cut off their tribal court litigation against Enerplus Resources Corp. in a $3 million royalty overpayment dispute, saying the judge failed to take into account the oil and gas company’s alleged violations of tribal law.

  • November 17, 2017

    Catheter IP Row Settles After Fed. Circ. Kills $20M Ruling

    AngioScore Inc. and TriReme Medical LLC have settled a breach of duty and patent infringement suit over the design of a heart catheter after the Federal Circuit overturned a $20 million judgment in AngioScore’s favor, the companies told a California federal court Thursday.

  • November 17, 2017

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

    The last week has seen a consulting firm sue the shareholder rights group that challenged the Royal Bank of Scotland, Lehman Brothers' bankrupt European unit take on HMRC, and three reinsurers lodge a claim against Petroleos de Venezuela's captive insurer. Here, Law360 looks at those and other new claims in the U.K.

  • November 17, 2017

    Avis Customers Score Cert. In E-Toll Hidden Fee Dispute

    A New Jersey federal judge granted class certification Thursday in litigation alleging that Avis secretly charged car renters for an electronic toll-payment service, noting that the requirements were clearly met by the class of nearly 18 million people united by common questions surrounding whether the fees were properly disclosed.

  • November 17, 2017

    Royal Caribbean Says Waiver Sinks Harvey Class Claims

    Royal Caribbean asked a federal court Friday to dismiss a proposed class action claiming the company put passengers in harm's way by not canceling a cruise as Hurricane Harvey bore down on Texas, arguing its ticket contract's class action waiver has been upheld previously and the pleadings are insufficient.

  • November 17, 2017

    Rams Win Bid To Arbitrate Seat Fight With St. Louis Org.

    A Missouri federal judge on Friday ruled that the Rams NFL team can arbitrate a dispute with the St. Louis Regional Convention and Visitors Commission related to consolidated suits against the team over its move to Los Angeles that allegedly breached fans’ personal seat license agreements.

  • November 17, 2017

    Landowners Ink $11M Deal In Royalty Fight With Exxon Unit

    Pennsylvania landowners on Thursday told a Pennsylvania federal court that they’ve reached an $11 million settlement to end claims that an Exxon Mobil Corp. subsidiary bilked them out of royalties they were owed under oil and gas lease agreements without the company admitting to any wrongdoing. 

  • November 17, 2017

    Kraft Sues Mexican Distributor Over $2M In Late Payments

    The exporting arm of packaged food giant Kraft Inc. filed suit against Mexican distributor Kbasa SA de CV on Thursday, alleging Kbasa has failed to pay more than $2 million it owes Kraft for products the company bought.

  • November 17, 2017

    Dutch Co. Gets $43K Award Nixed In Shipping Case

    An English High Court judge on Thursday set aside a $43,100 arbitral award won by a ship chartering operation after a payment dispute with a Dutch agricultural commodities company, concluding the Dutch business hadn't been properly notified of the arbitration.

  • November 17, 2017

    Frontera Resources Wins Enforcement Of $2M Award

    Frontera Resources Corp. said Friday that it will collect more than $2 million from the enforcement of an arbitration award against a Turkish oil and gas company that stems from a drilling contract dispute.

  • November 16, 2017

    Tech Co. Must Face Suit Over Patient Monitoring System

    Hospital technology company Draeger Inc. can't escape a suit brought by Chicago’s Rush University Medical Center that claims Draeger's patient monitoring system Rush purchased for $18 million in 2011 was ineffective and put patients at risk, an Illinois federal judge ruled Thursday.

  • November 16, 2017

    UK Prosecutors Name 3 Individuals In Unaoil Bribery Probe

    The U.K. Serious Fraud Office has charged two British residents who worked for Monaco-based Unaoil with conspiring to pay bribes to help a client win a contract in Iraq, and is seeking the extradition of a third man, the prosecutor's office said on Thursday.

  • November 16, 2017

    ICC Provider Says Salsa Co.'s Suit Belongs In Federal Court

    The International Chamber of Commerce’s North American arbitration provider said Wednesday it plans to urge a New York federal judge to keep a dispute over whether the provider must halt arbitration between an investor and a salsa company after a Mexican court ordered it stopped.

  • November 16, 2017

    Hibu Noncompete Suit Trimmed Over Boundary Limit

    Portions of a noncompete agreement that restricts an individual from working in a particular territory can’t be enforced against a former Hibu Inc. employee who helped a competitor prepare to expand into that territory, a Kansas federal judge ruled Wednesday, while sending other claims to trial. 

  • November 16, 2017

    Law Firm Settles Fight Over Atty’s Share Of Sirius Settlement

    A Houston law firm on Tuesday dropped a lawsuit it filed last week against a former attorney with the firm in a dispute over the associate's slice of $12.25 million in attorneys' fees stemming from a settlement in a class action against Sirius XM Radio.

  • November 16, 2017

    PE Firm In Cartel-Linked Mexico Property Row Loses Fee Bid

    A California federal court on Thursday denied a private equity firm’s request for attorneys’ fees after arbitration in a dispute with a Mexican industrial real estate buyer who claimed the firm sold it a $15 million facility overrun by a drug cartel.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • 10 Suggestions For Drafting Better Real Estate Documents

    William Hof

    While there can be no definitive list of do’s and don’ts, the 10 simple suggestions discussed in this article address many of the most commonly occurring style and formatting issues found in commercial real estate documents, says William Hof of Husch Blackwell LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Opinion

    Calif. Law Should Lead The Way For Consumer Protection

    Brian Kabateck

    Following the recent repeal of the Consumer Financial Protection Bureau’s arbitration rule, the scales of justice are now tipped in favor of bankers and big business. However, state lawmakers, lawyers and consumer advocates in California are leading the nation in cracking down on financial fraud, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.