Commercial Contracts

  • October 29, 2015

    Challenge To Tribal Lender's Rates Falls Short, 11th Circ. Says

    The Eleventh Circuit on Wednesday sent to arbitration a proposed class action accusing Western Sky Financial LLC of exploiting tribal sovereign immunity to skirt federal and state regulations barring usurious loan rates, saying the borrower neglected to challenge a threshold provision of the lender's arbitration agreement.

  • October 29, 2015

    Athletes In EA, NCAA Deal Say Appeal Only Benefits Attys

    A class of student-athletes settling with Electronic Arts Inc. and the NCAA over the use of their likenesses asked the Ninth Circuit on Wednesday to sanction the attorneys challenging the settlement, arguing that they are appealing solely to collect fees.

  • October 29, 2015

    T-Mobile, Class Tell 9th Circ. They'll Settle Deceptive Ad Case

    The Ninth Circuit on Tuesday provisionally tossed a class action accusing T-Mobile of deceptive advertising of cellphone insurance after the company and a class of 1.4 million of its customers agreed to a settlement subject to trial court approval.

  • October 28, 2015

    Argentina Calls Firms' Injunction Play 'Coercion'

    Counsel for the Republic of Argentina told a New York federal judge on Wednesday that a group of private equity firms that hold billions of dollars in claims and judgments against the country is attempting to “coerce” the nation into paying the firms by attempting to hold up deals with other creditors.

  • October 28, 2015

    Pa. High Court Says No To Arbitration In Nursing Home Row

    The Pennsylvania Supreme Court affirmed in a split decision Tuesday that the daughter of a woman who allegedly died due to inadequate nursing home care can go to trial with her claims against the facilities, saying the arbitration agreement she signed is unenforceable because it relied on voided procedures.

  • October 28, 2015

    Donald Sterling Can’t Call Foul In Clippers Sale To Ballmer

    A California appeals court on Wednesday tentatively denied Donald Sterling's bid to revive his probate suit alleging his wife, Shelly Sterling, lacked the authority to sell the Los Angeles Clippers to billionaire Steve Ballmer over his objections, saying the court cannot undo the sale.

  • October 28, 2015

    5 Law Firms That Inspire Fear With Their Marketing Mojo

    Five firms have achieved fame in the eyes of their peers when it comes to the art of bringing in business. Here, find out which law firms marketing leaders have singled out as the most-feared when it comes to making the all-important client pitch.

  • October 28, 2015

    9th Circ. OKs Warner Bros. Counterclaim In $80M 'Hobbit' Row

    The Ninth Circuit on Wednesday allowed Warner Bros. to proceed with its counterclaim in an $80 million copyright suit that said J.R.R. Tolkien's estate breached an agreement over the rights to “Hobbit” and “Lord of the Rings” video games and gambling games.

  • October 28, 2015

    Uber Slams Drivers' Bid To Form 'Megaclass' In Tips Fight

    Uber asked a California federal judge Tuesday to deny its drivers' bid to expand the scope of class certification in their suit accusing the ride-hailing company of misclassifying them as independent contractors and cheating them out of tips, calling it an attempt to create a 160,000-driver "megaclass."

  • October 28, 2015

    Ill. Court Says Suit Against Katten Muchin Is Too Late

    Katten Muchin Rosenman LLP escaped a suit Tuesday accusing it of aiding and abetting two co-founders of a delinquent debt account purchasing company freeze out the third co-founder after an Illinois appellate court said it was filed too late.

  • October 28, 2015

    5 Ways Your Ego Is Killing Your Career

    It takes a healthy ego to keep up in the competitive, high-stakes legal world, but left unchecked, it can grow into the monster that destroys an attorney’s career. Here, Law360 looks at ways your ego might be hurting your career.

  • October 28, 2015

    Contractor Says Insurance Policy Covers Shipyard Labor

    A labor supply company told a Louisiana federal judge Tuesday that Great American Insurance Co. can’t duck coverage for a shipyard’s suit over botched work contracts, because contrary to the insurer’s contention that there’s no evidence that contractors worked at the shipyard, the company owner says otherwise.

  • October 28, 2015

    Reed Smith Atty Defends Her Work In $25M Malpractice Trial

    A Reed Smith partner ensnared in a $25 million malpractice case testified Wednesday that she advised the owners of a Philadelphia-area car dealership that they would likely have to waive a broad array of claims as they worked with PNC Bank NA to address a former executive’s fraud scheme.

  • October 28, 2015

    Hogan Lovells Defends Lease Dispute With Miami Landlord

    Window washing was not part of Hogan Lovells attorneys’ responsibility in their Miami office lease, the firm’s counsel told a Florida appeals court Wednesday in arguments in a multimillion lawsuit brought by its former landlord over its right to exit its lease after water damaged its space.

  • October 28, 2015

    Morgan Lewis Can't Represent Itself In Suit, Ex-Client Says

    No attorneys from Morgan Lewis & Bockius LLP should be able to represent the firm in a negligence suit an ex-client brought over an allegedly botched appeal because they have a clear conflict of interest, the former client said Monday in California federal court.

  • October 28, 2015

    6th Circ. Nixes EQT Gas Tax Win On Ky. High Court's Advice

    The Sixth Circuit on Tuesday reversed a decision favoring natural gas processor EQT Production Co. in a severance tax and royalties battle with Appalachian Land Co., remanding the dispute after the Kentucky Supreme Court found that producers alone are responsible for the tax.

  • October 28, 2015

    Insurer Rips Tyco For Delays In $60M Drug Heist Suit

    An insurer for Eli Lilly and Co. on Wednesday told a Florida federal judge that repeated delays in sentencing a burglar convicted of stealing drugs worth $60 million from the company’s distribution center aren’t enough to justify pausing for a third time its suit blaming Tyco Integrated Security LLC for allowing the break-in.

  • October 28, 2015

    Calif. Plaintiffs' Firm Held In Contempt; Creditor Wins $7M

    A New York judge has found California plaintiffs' firm Khorrami LLP in civil and criminal contempt of court and granted creditor Hamilton Capital VII LLP a $7 million judgment in Hamilton's suit accusing the firm of failing to repay $8.5 million it borrowed to cover litigation costs.

  • October 28, 2015

    Dutch Shippers Escape Tobacco Heist Case In UK High Court

    The United Kingdom’s Supreme Court on Wednesday pulled a pair of Dutch shippers from a row over losses from a cigarette heist, saying British-American Tobacco could not sue companies that did not agree to resolve disputes in British courts.

  • October 28, 2015

    Papa John’s Worker Asks 11th Circ. To OK Group Arbitration

    A former employee of an Alabama Papa John’s franchise location asked the Eleventh Circuit on Tuesday to let him proceed with collective arbitration of wage claims, arguing that an arbitrator didn't have to enforce a collective action waiver previously rejected by a National Labor Relations Board judge.