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Commercial Contracts

  • August 17, 2018

    Bowles Rice, Insurer Resolve $41M Fight On Eve Of Trial

    Bowles Rice has resolved a $41 million fight with a title insurer stemming from a troubled coal plant build and averted a trial that was set to start Monday, according to a lawyer involved in the case, heading off what at least one expert said was a sizable threat to the firm in the face of its limited malpractice coverage.

  • August 17, 2018

    Nissan '0% Financing' Suit Tossed for Lack of State Claim

    A New Jersey federal judge on Thursday dismissed a putative class action alleging that a Nissan services contractor and a car dealership used a service agreement with higher interest rates than stated to rip off a car buyer, finding the warranty statute governing the suit mandates plaintiffs plead an underlying state-law claim.

  • August 17, 2018

    Brewer Must Face Investor's Breach Of Contract Suit

    A South Carolina federal judge Friday denied a motion from a brewery and its owners to dismiss a suit accusing them of backing out of an agreement to sell a $3.5 million stake in the business, finding there was sufficient evidence to support the claims that the potential investor was misled.

  • August 17, 2018

    CashCall Ruling Creates Legal Uncertainty For Calif. Lenders

    The California Supreme Court’s recent ruling that it’s possible for the interest rate on a consumer loan of more than a certain dollar amount in the state to be declared "unconscionable" could wind up being a headache for nonbank lenders operating under California law, attorneys told Law360.

  • August 17, 2018

    Investors Must Arbitrate $3.2M Row With Burial-Alternative Co.

    A group of Texas investors who allege they were duped into sinking $3.25 million into a now defunct company that offered an eco-friendly alternative to cremation and burial were ordered by a federal judge on Friday to arbitrate their dispute with the company's Irish CEO.

  • August 17, 2018

    5th Circ. Asks Texas High Court To Decide On Dealers Act

    The Fifth Circuit has asked the Texas Supreme Court to determine whether a Texas law governing contracts for wholesale equipment sales applies to agreements signed before the law took effect, and if so, whether the law, known as the Dealers Act, violates the state constitution.

  • August 17, 2018

    Demolition Co. Founder Sues Over Termination Dispute

    The co-owner of a demolition and environmental remediation firm launched an Illinois federal court suit against the company and its majority shareholders Thursday that alleges they schemed to push her out of the business and devalue her stake for their benefit.

  • August 17, 2018

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

    The last week has seen Gatwick Airport sue an insolvent construction firm and two insurers for professional negligence, Deutsche Bank lodge a claim against India's Canara Bank and a Markel unit file a contract dispute against German animal insurance specialist Hippo.

  • August 17, 2018

    Investment Co., Irked Clients Clash On Securities Law's Reach

    An investment firm and proposed class of investors accusing it of transferring their money into a mutual fund while concealing conflicts of interest are duking it out over whether a federal securities law precludes the investors' claims, with the firm hoping to dismiss the suit and the investors moving for remand to state court.

  • August 17, 2018

    PennDOT Wants Out Of Pittsburgh Artist's Lost-Murals Suit

    The Pennsylvania Department of Transportation is seeking to duck a Pittsburgh artist's federal lawsuit over the destruction of his murals, arguing Thursday that as a state agency it has sovereign immunity from the man's claims.

  • August 17, 2018

    Mass. Court Says Wells Fargo Can't Sue To Shield Foreclosure

    The Massachusetts Appeals Court on Friday affirmed that Wells Fargo Financial Massachusetts Inc. could not use its own contract concerns and an uptick in litigation challenging dispossessions to get the court's hypothetical blessing to foreclose on homeowners before actually attempting to evict them.

  • August 17, 2018

    Mass. Noncompete Law Overhaul Not As Strict As It Seems

    Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360.

  • August 17, 2018

    Aviation Co. Gets Emergency Award OK'd In Contract Row

    A Texas federal judge has confirmed an emergency arbitration award for multinational aviation company Starlite Investments Ireland Ltd. stemming from a dispute with a Fort Worth-based helicopter manufacturer relating to a U.S. government contract for military operations in Afghanistan, saying the court has the authority to do so.

  • August 17, 2018

    CapStack TRO Denied By Chancery Over Speech Concerns

    An apartment complex management firm won’t be restrained from making statements about alleged fraud by the co-owners of several complexes after a Delaware Chancery Court judge ruled Thursday that such an injunction would curtail the manager’s free speech rights without trial.

  • August 17, 2018

    Wall Installer Can't Restart Claims Against Related Cos.

    U.S. District Judge Jed S. Rakoff has blocked an exterior wall installer’s bid to reinstate fraud and unjust enrichment claims against The Related Companies LP over the real estate firm’s collection of funds from a Chicago project, saying the allegations are not sufficiently supported.

  • August 17, 2018

    Quinn Emanuel Says Ex-Partners Can't Duck Fee Arbitration

    Quinn Emanuel Urquhart & Sullivan LLP reiterated on Thursday in New York court that its former partners who launched Selendy & Gay PLLC cannot escape arbitrating a dispute over a clause in their partnership agreement requiring them to remit fees earned from clients they took to their new firm.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 17, 2018

    600 Lb Gorillas Gets $725K Of $3.9M Sought In Dessert Spat

    Novelty dessert company 600 lb Gorillas was awarded a fraction of the $3.9 million it sought in a breach of contract suit over allegedly subpar ice cream, getting only $725,000 from a Massachusetts federal jury on Friday, while its supplier Mister Cookie Face was handed the full $270,000 it wanted for a counterclaim over being stuck with unused ice cream sandwiches.

  • August 16, 2018

    Judge's Wild Order Threatens To Make Warring Attys Kiss

    A Texas federal judge threatened to make opposing attorneys kiss one another at the Alamo, lamented the days when Texas cases were handled by Texas attorneys, quoted Elvis, and generally went off in an order setting a status conference for a trade secret dispute between HouseCanary Inc. and Quicken Loans.

  • August 16, 2018

    Atty Suing Google Sees No Conflict With Law Firm

    A lawyer seeking to represent thousands of online advertisers in a suit against Google urged a California federal judge Thursday to certify a class and reject the tech giant's objections that the named plaintiff — himself an attorney —is now a partner at a law firm that once worked on the case.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.