Commercial Contracts

  • May 29, 2017

    Turning 50, Greenberg Traurig Tops The Law360 400

    Greenberg Traurig LLP is celebrating its golden anniversary with a trip to the top of Law360’s list of the largest U.S. law firms, capping off decades of steady growth by ousting Jones Day from the No. 1 spot.

  • May 29, 2017

    Law360 Reveals 400 Largest US Firms

    The Law360 400 features the largest U.S.-based law firms and vereins with a U.S. component, as measured by domestic attorney headcount.

  • May 29, 2017

    The Firms That Lost The Most Ground In 2016

    Four firms saw their roster of U.S.-based attorneys shrink by more than 10 percent last year, according to the latest Law360 400. In some cases, a dramatic exodus can be devastating, but experts say there can also be a silver lining.

  • May 29, 2017

    The Firms That Grew Fastest Without Merging

    Often with one hire at a time, five firms drove double-digit growth last year, according to the latest Law360 400. Here’s how they added headcount without putting their culture at risk.

  • May 29, 2017

    Biggest US Firms Opt For Modest Growth In Sluggish Market

    In a highly competitive legal market, U.S. law firms on average appear to be leaning on a strategy of slow-but-steady growth as they continue to adjust to sluggish demand for legal services, according to the latest Law360 400.

  • May 26, 2017

    Kardashians' Hands Not Unclean, 9th Circ. Says In IP Row

    The Ninth Circuit on Friday refused to lift a preliminary injunction barring a cosmetics company from using trademarks held by Kim, Kourtney and Khloe Kardashian, saying the company hasn’t shown any evidence the sisters had “unclean hands.”

  • May 26, 2017

    Plane Speaking Judge Rips Aircraft Firm's Cash Stockpile

    An airplane leasing company with no airplanes that socked away $190 million it was supposed to return to its lenders was called out Friday by a New York federal judge who said the business had no right to hoard the cash based on an “imagined” Brazilian legal risk and other “vague and conclusory” obligations.

  • May 26, 2017

    Sprint Denied New Trial In Middle Man Phone Reseller Suit

    Sprint lost its bid for a new trial in its dispute with a phone reseller accused of violating the mobile giant's contract terms, a federal judge ruled Friday, flatly denying Sprint’s request for a redo.

  • May 26, 2017

    Texas Justices Dump Damages In Noncompete Fight

    In a noncompete dispute between two health care services companies, the Texas Supreme Court on Friday held insufficient evidence supported a jury's $4.2 million lost profits award and that a $1.1 million punitive award was too high in light of the reduced actual damages.

  • May 26, 2017

    Scottrade Says Data Breach Suit Should Stay In Federal Court

    Discount brokerage firm Scottrade Inc. asked a Florida federal judge Thursday not to remand to state court claims brought against it by a putative class of customers over a data breach, arguing that the case should be stayed pending an appeal at the Eighth Circuit.

  • May 26, 2017

    Coal Co. Says Botched Safety Device Sparked $2.3M Fire

    Signal Peak Energy has hit a containerized nitrogen plant supplier and the companies maintaining it with a suit claiming they disabled safety switches and failed to identify the risk, directly leading to a coal mine fire that caused $2.3 million in damages, in a complaint removed to Montana federal court.

  • May 26, 2017

    Atty's Assets Frozen Over $4.5M Judgment Dispute

    A Nevada federal judge brought the hammer down on a lawyer who was accused by an electronic payments company of dodging a $4.5 million judgment by hiding assets in trusts and businesses controlled by his wife, ripping the attorney’s “recalcitrant and contumacious conduct” in a Thursday ruling and freezing all the defendants’ assets.

  • May 26, 2017

    Hertz Charges Hidden Toll Fees For A Profit, Suit Says

    Hertz fails to notify car renters that its transponders don’t work on all toll roads and then charges consumers large, hidden fees for small, unpaid tolls to generate a profit, according to a putative class action filed Thursday in California federal court.

  • May 26, 2017

    4th Circ. Won't Rethink RJ Reynolds Win In $50M ERISA Suit

    The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.

  • May 26, 2017

    Contractor Stole $2M Sistine Chapel Replica, Owner Says

    A company that recreates Michelangelo's Sistine Chapel through exhibition of large-scale images said in a suit filed in California state court that a contractor ran off to Germany with its replicas, claiming $2 million in damages.

  • May 26, 2017

    Keep $1.6M Diamond Row Paused For Now, NY Court Told

    A New York federal judge shouldn’t lift the pause on an Israeli diamond buyer’s suit seeking to confirm a $1.6 million arbitration award against a Bronx-based business associate, the associate said Thursday, arguing that the award might be tossed in related Israeli litigation.

  • May 26, 2017

    Mercer Can't Revive Counterclaims In Terminated Arbitration

    A Canadian judge has refused to lift an order staying counterclaims filed by Mercer Gold Corp. (BC) in litigation over a Colombian mining project during arbitration proceedings that had been terminated for nonpayment, concluding that Mercer had deliberately avoided paying the fees.

  • May 26, 2017

    Penthouse Must Return Control Of Websites To FriendFinder

    A group of adult websites must be returned to FriendFinder Networks Inc. after a Delaware Chancery Court judge determined Friday they shouldn’t have been included in a sale of its Penthouse business unit in 2016.

  • May 26, 2017

    Energy Co. Can't Stay Costs Order Over Stopped Ship

    A California magistrate judge on Thursday denied an energy company’s bid to hold off on posting costs related to a ship it had detained, which the company had done as part of its efforts to secure a potential arbitral award against the ship’s Taiwan-based owner.

  • May 26, 2017

    Texas Justices Affirm Countywide Mineral Grant In Deed Fight

    The Texas Supreme Court on Friday upheld the validity of a deed that transferred ownership of mineral rights across an entire county, saying the deed was not ambiguous and trumps a later deed purporting to convey some of the same interests.

Expert Analysis

  • Nursing Homes Still Face Arbitration Agreement Uncertainty

    Eugene Giotto

    An arbitration agreement that is properly drafted and executed can provide businesses, specifically those in the long-term care industry, with a cost-effective route to dispute resolution. However, even with the U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, businesses should be aware of state court views regarding the enforceability of these agreements, say Eugene Giotto and Gabrielle Lee of Cozen O'Connor.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • An Illinois Court's Lesson For Senior Lenders

    Jason Hirsh

    When does a modification “substantially impair” a junior lender’s priority? While not adopting a bright-line rule to answer this question, an Illinois state appeals court in Bowling Green Sports Center v. GAG LLC offered examples of where it would find “substantial impairment,” resulting in a senior lender losing its priority status, say Jason Hirsh and Erin Mayer Isaacson of Levenfeld Pearlstein LLC.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • An Overview Of Silent 2nd-Lien Loans In The US And Europe

    Frederick Fisher

    Although used often in deal negotiations, the term “silent second” has different meanings for different institutions and different meanings in the United States and Europe. Capital structures that include silent second-lien debt can therefore be complicated, particularly in cross-border transactions involving different insolvency or contract laws, say attorneys with Mayer Brown LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Initial Artifex Ruling Is A Victory For Open-Source Software

    Heather Meeker

    In denying a motion to dismiss in Artifex Software v. Hancom last month, the California federal court held that the copyright infringement and breach of contract claims may proceed on the theories enunciated by Artifex, not necessarily that they will succeed. Still, the case represents a significant step forward for open-source plaintiffs, say attorneys with O’Melveny & Myers LLP.

  • A Futile Limit On Online Auctions For Medical Supplies

    Stephen Sozio

    A Connecticut federal court's recent decision in MedPricer.com v. Becton, Dixon and Company, holding that an online auction service for the purchase of medical supplies violates the Anti-Kickback Statute, unnecessarily limits a means of reducing health care costs and is inconsistent with the spirit and language of the AKS, say Stephen Sozio and Kristine Gallagher of Jones Day.