Commercial Contracts

  • September 11, 2014

    DSW Has To Make Good On Filene's Manhattan Lease

    A New York appeals court ruled Thursday that shoe retailer DSW MS LLC is liable for a $100 million commercial lease for shop space in Manhattan's Union Square, enforcing a guarantee that was executed by former tenant Filene's Basement before that company slipped into bankruptcy.

  • September 11, 2014

    SSL, ViaSat Win Approval Of $100M Satellite IP Settlement

    A California federal judge on Wednesday signed off on a settlement agreement in which Space Systems/Loral LLC agreed to pay ViaSat Inc. $100 million to settle a pair of breach of contract and patent infringement suits over 10 ViaSat satellite patents.

  • September 11, 2014

    PE Firm Says LPs Didn't Serve Injunction Papers In Fee Row

    Liquid Realty Partners told a New York federal judge Wednesday that a group of its limited partners attempting to remove the private equity firm from its role as general partner in order to allegedly avoid paying $26.5 million in management fees failed to notify it of a recent preliminary injunction bid.

  • September 11, 2014

    Ellington Heir Pushes For Trial In Royalties Fight With EMI

    Duke Ellington's grandson urged New York's top court Thursday to order a trial into whether EMI Music Inc.'s moves to buy up a foreign publisher allow it effectively to breach a contract that had previously provided the jazz legend's heirs with bigger royalties from overseas sales.

  • September 11, 2014

    Nordion Says 11th Circ. Misapplied Test To Fla. Contract

    Nordion Inc. urged the Eleventh Circuit to reconsider its suit over a patent license agreement with Rad Source Technologies Inc., saying the appeals court panel had misapplied a new test in determining that Nordion had first breached their contract for a blood irradiation device.

  • September 11, 2014

    Argentine Congress Authorizes End-Run Debt Payments

    Argentina's legislature passed a bill Thursday authorizing controversial debt payments that U.S. courts have repeatedly blocked because they sidestep obligations to aggressive U.S. hedge funds.

  • September 11, 2014

    5 Insights From Ford General Counsel David Leitch

    We look for outside counsel who, among other things, embrace a highly collaborative approach to problem solving, recognizing that our in-house attorneys are very capable peers and that Ford’s interests may require working with firms that are in other contexts viewed as competitors, says David Leitch, general counsel of Ford Motor Co. and former deputy counsel to President George W. Bush.

  • September 10, 2014

    Sam's Club Sued For Shirking 200% Refund Guarantee

    Sam’s Club was hit with a proposed class action in South Carolina federal court Wednesday, by an eight-year member who says the wholesale club store breached its contract guaranteeing a 200 percent refund on all returned fresh meat, seafood, bakery and produce products.

  • September 10, 2014

    Ex-AT&T Worker Asks NJ High Court To Reverse $35K Verdict

    A former AT&T Corp. employee is asking the New Jersey Supreme Court to reverse a $35,000 jury verdict against her for allegedly breaching a separation agreement with the telecommunications giant, saying her work for an AT&T contractor did not violate the terms of the agreement.

  • September 10, 2014

    Calif. Panel Revives ACT's $1M Greenberg Traurig Fee Suit

    A California appellate panel on Wednesday revived ACT Litigation Services Inc.'s $1.2 million suit against Greenberg Traurig LLP over allegedly unpaid support work fees, saying the trial judge erred in issuing terminating sanctions over ACT's delay in hiring a replacement attorney without giving the company a chance to explain.

  • September 10, 2014

    T-Mobile Can't Shake $7M Judgment In Sponsorship Row

    The Third Circuit on Tuesday denied T-Mobile US Inc.'s petition for a rehearing en banc after the panel affirmed a $7 million judgment for an automotive racing team in a breach of contract suit, saying only that none of the judges voted to rehear the case and that the petition is denied.

  • September 10, 2014

    Moses & Singer Gave Bad HIPAA Advice In Merger, Suit Says

    Moses & Singer LLP was hit with a suit in New York state court by a former American Medical Alert Co. employee who claims his firing resulted from the firm’s negligent representation that the company was compliant with the Health Insurance Portability and Accountability Act before and during its recent merger.

  • September 10, 2014

    Imperium Avoids Bill For Mining Co.’s Trade Secrets Suit

    A Kentucky federal judge ruled Wednesday that Imperium Insurance Co. doesn’t have to defend Star Mine Services Inc. in a suit accusing it of stealing trade secrets from GMS Mine Repair and Maintenance Inc., finding that Star’s commercial general liability policy only covers accidents.

  • September 10, 2014

    Taj Hotels Breaks Off Deal With Moroccan Hotel

    Coming off recent internal transitions, luxury hotel chain Taj Hotels Resorts and Palaces, which is owned by a unit of the Tata Group, announced on Wednesday that it has pulled out of managing a Moroccan hotel.

  • September 10, 2014

    Argentina Judge Punts On Enforcing Citi Subpoena

    A New York federal judge said Wednesday he wouldn't immediately order Citibank NA to comply with a subpoena from a hedge fund seeking to verify the bank’s claim that Argentina is pressuring it to transfer interest payments to bondholders in violation of a court order.

  • September 10, 2014

    East West Bank Hit With $39M Verdict In Foreclosure Row

    A California jury reached a $39 million verdict against East West Bank, finding that the bank had breached its multimillion-dollar construction loan agreement with a family-owned developer, forcing the developer to default on the loan and leading to foreclosure on the commercial property.

  • September 10, 2014

    2nd Circ. Upholds Hyundai Atty Fees In Dealer Row

    The Second Circuit on Wednesday affirmed an award of attorneys’ fees to Hyundai Motor America in a suit attempting to block the automaker from ending a dealer contract over sales fraud allegations, saying the court was within its right to award fees and remanding Hyundai’s bid for fees stemming from the appeal.

  • September 10, 2014

    Calif. Green Building Boom Adds Many Shades Of Legal Work

    More developers in California are constructing green buildings thanks to changing state and local mandates and increasing appetite among tenants, and as a result, there are more kinds of work and different considerations to watch out for when going green, lawyers say. 

  • September 10, 2014

    Mazda Gets Warranty Claims Trimmed In Engine Defect Row

    A California federal judge on Tuesday pared claims in a putative class action accusing Mazda Motor of America Inc. of selling vehicles with faulty engine valve systems, tossing state-law warranty claims but granting leave to amend, and keeping an unfair competition law claim in play.

  • September 9, 2014

    Arista Ousts Wilson Sonsini, Adds Latham For IP Row Defense

    Cloud company Arista Networks Inc. has brought in Latham & Watkins LLP attorneys to defend against a licensing suit by its founder in the lead-up to its initial public offering, ousting the Wilson Sonsini Goodrich & Rosati attorneys who helped file a cross-complaint in California state court.