Commercial Contracts

  • September 18, 2017

    Fla. Utility Sued Over 'Storm Charge' After Irma Outages

    NextEra Energy Inc. unit Florida Power & Light Co. was hit Monday with a putative class action accusing the utility of breaching its contract with customers by failing to adequately prepare for hurricanes, despite adding “storm charges” to their bills, and leaving thousands without power for an extended time after Hurricane Irma.

  • September 18, 2017

    Insurer Wants Coverage Claims Nixed In $36M Experian Suit

    Illinois National Insurance Co. told an Illinois federal judge on Friday that it owes no coverage to Experian Information Solutions Inc. in an underlying breach of contract suit with the Business Development Bank of Canada in which the bank was awarded CA$44.4 million ($36 million).

  • September 18, 2017

    Norwegian Cruise Says Fuel Row Not Subject To Arbitration

    Norwegian Cruise Line on Friday blasted a bid by marine fuel supplier and trader O.W. Bunker USA Inc. to force it to arbitrate its suit looking to recoup money it paid to a local fuel supplier to cover a debt allegedly owed by the bankrupt O.W., telling a Connecticut federal court there's no applicable arbitration agreement.

  • September 18, 2017

    Rebuke Of Bentham Deal May Chill Canada Class Suit Funding

    A recent decision by a Toronto judge throwing cold water on a third-party funding deal from Bentham IMF for plaintiffs in a medical device case may severely hamper interest from commercial funders in backing future Canadian class actions, experts say.

  • September 18, 2017

    Ohio State Seeks To Punt Ex-Player’s Suit To State Court

    Ohio State University on Monday said it hasn’t waived its sovereign immunity over claims that banners hung in the school’s football stadium with former football players’ images violate the Sherman and Lanham Acts, urging a federal court to toss the antitrust claims and send the case to state court.

  • September 18, 2017

    Energy Co. Says It Doesn't Belong In Suit Over $300M Sale

    Chesapeake Energy Corp. asked a federal judge in Texas on Friday to dismiss Exco Resources Inc.'s suit claiming Chesapeake was holding up the planned sale of its South Texas oil and gas properties to a private-equity-affiliated firm for $300 million, arguing the court lacks jurisdiction over it in the dispute.

  • September 18, 2017

    Hemlock Asks 6th Circ. To Keep Win Against SolarWorld Unit

    Hemlock Semiconductor Operations LLC on Friday urged the Sixth Circuit not to rehear its decision backing the company's $793 million damages win in a supply contract dispute with a SolarWorld unit, calling the unit's bid for rehearing "baseless."

  • September 18, 2017

    Beverage Co. Seeks Arbitration With Paraguayan Distributor

    Beverage company Monster Energy Co. on Friday asked a California federal court to force a Paraguayan distributor, Galerias Guarani SA, to arbitrate the two companies’ disputes based on a letter agreement, asking the court to declare the agreement as enforceable despite Galerias' protests.

  • September 18, 2017

    Albanian Telecom Says Penalty Up To Court, Not Arbitration

    An Albanian telecommunications company urged a New York federal judge Friday to directly tackle its bid for €700,000 in penalties on top of an already confirmed €1.08 million arbitration award, rather than allow the company on the losing end of the payment dispute to go back to arbitration in Switzerland.

  • September 18, 2017

    Calif. Court Nixes Suit Over Failed Tribal Casino Project

    A California appellate court on Friday overturned a $30 million award to a gaming developer in its suit over two agreements for the Shingle Springs Band of Miwok Indians' failed casino project, ruling a lower court lacked jurisdiction over the suit because it was preempted by the Indian Gaming Regulatory Act.

  • September 18, 2017

    Daewoo Seizure Ruling Violates Due Process, 5th Circ. Told

    ThyssenKrupp Mannex GmbH asked the Fifth Circuit on Friday to revisit its decision allowing Daewoo International Corp. to seize a pig iron shipment before kicking off arbitration with an English shipper, saying the panel improperly failed to hear TKM's position on a crucial point.

  • September 18, 2017

    Roofing Co. Appeals To Texas High Court In Class Cert. Row

    A roofing company told the Texas Supreme Court on Friday that a lower appellate court wrongly upheld class certification for a group of property owners alleging a roofing contractor unlawfully acted as an insurance adjuster, arguing that because there were six different versions of the at-issue contracts, some of which contained arbitration provisions, it is improper for the claims to proceed in a class action.

  • September 15, 2017

    Ice Cube's Big3 Basketball Hits Rival With Defamation Suit

    Ice Cube's new 3-on-3 professional basketball league, Big3 Basketball, is not backing down from a court fight after rival upstart Champions League Inc. blamed it for its failure to launch in a lawsuit earlier this month, striking back Friday with its own lawsuit alleging the Champions League is falsely telling investors the Big3 stole its players. 

  • September 15, 2017

    Fla. Atty Says Lender Didn't Allege Actual Harm In EB-5 Row

    A Florida attorney asked a federal court Friday to toss claims filed against him by a mortgage holder on a Palm Beach hotel property at the center of an alleged $50 million securities fraud suit involving the EB-5 visa program, saying no actual harm was alleged.

  • September 15, 2017

    3 Focus Areas For Texas Property Owners After Harvey

    Hurricane Harvey and the massive amounts of rain and flooding it brought to the Houston area left behind catastrophic damage that could take well over $100 billion in rebuilding costs to fix, and as property owners along the Texas Gulf Coast start that process they face a number of hurdles, lawyers say.

  • September 15, 2017

    Medix Hits Ex-Pharma Staffing Exec With Noncompete Suit

    Illinois-based Medix Staffing Solutions Inc. sued the former director of its pharmaceutical and biotechnology staffing division Thursday, alleging he breached his employment contract by joining rival ProLink Staffing and violated trade secrets laws by bringing confidential business information with him.

  • September 15, 2017

    Fed. Circ. Affirms Toss Of Interactive Sports Patent Claims

    The Federal Circuit on Friday upheld a decision that dismissed patent claims and sent to New Jersey state court a dispute over interactive sports software that was invented by a memorabilia dealer who is in a separate legal battle with the New York Giants.

  • September 15, 2017

    CBS Says Redstone's Bonus Was Informed Business Decision

    An attorney representing CBS Inc. and its board of directors told a Delaware Chancery Court judge Friday that the compensation awarded to an ailing Sumner Redstone in 2015 and 2016 was a measured action of the board’s compensation committee and is protected by the business judgment rule.

  • September 15, 2017

    Payday Lender Can't Arbitrate Claims, Texas Justices Told

    When payday lender Cash Biz LP filed criminal charges against borrowers for allegedly writing bad checks it substantively invoked the judicial process, and it can't now try to force into arbitration a would-be class action malicious prosecution lawsuit from those borrowers, the Texas Supreme Court was told in oral arguments Friday.

  • September 15, 2017

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

    The last week has seen an Italian wheat trader team up with AIG and other insurers to sue a shipping firm, MasterCard bring an intellectual property claim against a payroll services provider, and a conveyancing law firm take on Metro Bank. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Finding The Unicorn In Lender Liability Litigation

    Jerry Blanchard

    Investors frequently talk about trying to find the next unicorn, that small startup company that is going to turn into a billion-dollar valuation. The New Jersey district court's recent decision in PNC Bank v. Star Group offers debtors counsel hope that a unicorn has finally arrived in the lender liability context, says Jerry Blanchard of Bryan Cave LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.

  • Navigating The Amazon: Retail Leases Must Evolve

    Excerpt from Lexis Practice Advisor
    S.H. Spencer Compton

    Amazon has changed the way consumers shop, and shopping center owners have reacted by repositioning their properties in a variety of ways. Both retail tenants and landlords need to be optimistic and nimble, and both sides should be accommodating when faced with failing results, say S.H. Spencer Compton of First American Title Insurance Co., and attorney Diane Schottenstein.

  • Cautionary Tales For Landlords Of Bankrupt Tenants

    Marshall Hogan

    If the past year is any indication, landlords of bankrupt retail tenants may want to be especially mindful of Section 502(b)(6) of the Bankruptcy Code, which may limit their ability to recover certain damages, says Marshall Hogan of Foley & Lardner LLP.

  • Are Noncompetes With Independent Contractors Enforceable?

    Kevin Burns

    Recently, employers have been focused on the distinction between employees and independent contractors, but an area that has received less attention is the impact of classifying a worker as an independent contractor to a noncompetition agreement. The Eighth Circuit recently addressed this issue in Ag Spectrum Co. v. Elder, says Kevin Burns of Fisher Phillips.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • A Pro-Consumer, Pro-Arbitration Approach At The CFPB

    Eric Mogilnicki

    The U.S. Senate’s upcoming vote on the Consumer Financial Protection Bureau’s arbitration rule need not involve a choice between preserving or ending the status quo on arbitration. Instead, a vote to preserve arbitration by defeating the bureau’s arbitration rule could open the door to a solution that strengthens consumers’ ability to resolve disputes with financial institutions, say Eric Mogilnicki and Eitan Levisohn of Covington & Burling LLP.