Commercial Contracts

  • January 12, 2018

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2017 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 12, 2018

    The Firms That Dominated In 2017

    Law360’s Firms of the Year rose above the competition with a combined 24 Practice Group of the Year awards after helping their clients win game-changing judgments and close record-breaking deals in 2017. Here’s a closer look at how they landed at the top.

  • January 12, 2018

    Banks Told RMBS Subpoena Order Is 'Cost Of Doing Business'

    A New York federal judge on Friday refused pleas from banks and mortgage companies to scale back his order allowing costly subpoenas for loan documents to go forward in a U.S. Department of Justice civil action against Barclays PLC over $31 billion worth of toxic residential mortgage-backed securities, saying it’s the cost of doing business.

  • January 12, 2018

    CFTC Accuses Commodity Pool Operator Of Fraud

    The Commodity Futures Trading Commission filed suit and obtained an immediate restraining order Friday against Blue Guru Trading LLC and two of its principals for alleged fraud and misappropriation in obtaining some $750,000 in investments for a supposed futures pool.

  • January 12, 2018

    CSX Overcharged Mich. Utility On Coal Shipments, STB Says

    The Surface Transportation Board determined Thursday that railroad giant CSX Transportation Inc. overcharged Michigan's public utility to ship coal from Chicago, Illinois, to a Michigan generating station, saying CSX will have to pay reparations in a complex rate dispute covering a key freight rail corridor.

  • January 12, 2018

    GE Gets $3M Award Confirmed Against Fridge Maker, Seller

    A New York federal judge on Friday confirmed a $3 million arbitral award that General Electric Co. won against a manufacturer and a seller in a dispute concerning their contractual obligation to indemnify GE in a lawsuit over damage that an allegedly defective refrigerator caused.

  • January 12, 2018

    Lienholders Slam M&G's Proposal To Settle $250M In Claims

    Construction lienholders with $250 million or more in claims against bankrupt M&G USA Corp.’s $1.7 billion case dismissed the debtor’s proposed Chapter 11 claim settlement process as an “abject failure” late Thursday, and urged the Delaware Bankruptcy Court to reject the plan.

  • January 12, 2018

    Texas Atty Drops Suit Against Ex-Firm Over Fee Agreement

    A Houston-area lawyer has dropped the suit against his former law firm Walne Law PLLC, in which he alleged the firm violated a fee agreement and denied his right to a share of fees from an underlying contract dispute that could yield millions of dollars in damages. 

  • January 12, 2018

    Atty's Malpractice Jurisdiction Fight Dies At Texas High Court

    The Texas Supreme Court on Friday declined to take up a challenge brought by a Rhode Island attorney who argued that a lower appellate ruling wrongly found that Texas is where he must face a former client’s legal malpractice lawsuit over her hernia mesh litigation.

  • January 12, 2018

    Solar Co. Denied Pa. Records In FirstEnergy Payment Dispute

    A Pennsylvania appeals court Friday overturned a determination by the state’s Office of Open Records granting Sunrise Energy LLC access to correspondence between the state’s Public Utilities Commission and FirstEnergy Corp. connected to litigation over an electricity deal between the companies.

  • January 11, 2018

    Suit Over Rudy Gay's Damaged Rolls Is Barred, Court Told

    A dealership's fraud and negligent misrepresentation claims against San Antonio Spurs small forward Rudy Gay and his sales agent over a damaged Rolls-Royce Phantom must be tossed because the economic loss doctrine bars them, the agent told a Missouri federal court Thursday.

  • January 11, 2018

    Gilbride Tusa Gets Quick Win Axed In $85M Malpractice Suit

    A New York state appellate panel on Thursday reversed a quick win given to two Genesis Merchant Partners investment funds against Gilbride Tusa Last & Spellane LLC on the question of the firm's liability for legal malpractice in an $85 million suit alleging it mishandled security interests in life insurance policies backing three loans made by the funds.

  • January 11, 2018

    Mongolian Coal Producer Unit To Pay $11.5M In Supply Row

    A subsidiary of one of Mongolia's largest coal producers has been ordered by a Hong Kong arbitral tribunal to repay $11.5 million to a commodities firm following a dispute stemming from a coal supply agreement, according to a Thursday notice.

  • January 11, 2018

    Hercules Ordered To Defend Axon In Well Blowout Suit

    A Texas federal judge ruled Thursday that drilling contractor Hercules Offshore Inc. had assumed the duty of defending a drilling parts maker against claims it caused an offshore drilling fire when Hercules took over a bankrupt business.

  • January 11, 2018

    Plane Co. Can't Sue S. African Broker In Fla., 11th Circ. Says

    The Eleventh Circuit on Thursday upheld a district court finding that the Florida courts are the wrong place for an aircraft leasing company to sue a South African insurance brokerage and its U.K. counsel over a coverage dispute for a plane crash in Guinea.

  • January 11, 2018

    Fla. Businessman, Brightstar Settle Dispute Over Joint Venture

    A Florida judge on Wednesday signed off on a settlement ending an entrepreneur's suit accusing wireless service provider Brightstar Corp. of manipulating the facts surrounding the termination of their former joint venture in an effort to reduce the payout of his company's ownership share.

  • January 10, 2018

    Deutsche Notice Claim Revived In $306M Mortgage Trust Row

    A New York federal judge on Wednesday revived Deutsche Bank’s claim that Morgan Stanley breached a contract by failing to notify it about problems in the residential mortgage trust at issue in a $306 million suit, saying the law had changed since the claim was dismissed.

  • January 10, 2018

    Justices Asked To Resolve Split Over Arbitration Requests

    A Texas manufacturer petitioned the Supreme Court on Wednesday to smooth out a disagreement among the federal circuits over how courts should decide when the arbitrability of a dispute should be determined by arbitrators, and when that question is best left to judges.

  • January 10, 2018

    Judge Extends Toisa's Plan Deadline After Hyundai Deal

    A New York bankruptcy judge Monday gave offshore oil servicer Toisa Ltd. another 10 days to solicit it debtors for approval of its Chapter 11 plan.

  • January 10, 2018

    Transamerica Hit With $200K Sanction In Calif. Insurance Case

    Transamerica Life Insurance Co. has been hit with roughly $200,000 in sanctions for obstructing the discovery process in California federal court in a suit brought by a predominantly African-American church congregation that accuses the insurer of jacking up its rates partly because of their race.

Expert Analysis

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • Hotel Malware Attack Raises Unusual Insurance Questions

    Jan Larson

    A Florida district court is poised to decide several interesting questions in St. Paul v. Rosen, offering policyholders guidance on the extent to which traditional insurance policies can protect them from data breaches and on whether policyholders' corporate affiliates can look to their policies for protection, say Jan Larson and Alex Langlinais of Jenner & Block LLP.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Crystallex's Implications For Holders Of Venezuelan Debt

    Richard Cooper

    As the economic situation in Venezuela continues to deteriorate and the number of bond defaults continues to mount, the Third Circuit’s recent ruling against Crystallex is a poignant reminder about the challenges of recovering on claims against a determined sovereign. However, Crystallex is not without further litigation options, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

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    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • OFAC Enforcement Trends In 2017: Exporters On Notice

    Sean Kane

    One probable reason for the recent shift in focus by the Office of Foreign Assets Control toward export-related transactions is that the agency’s enforcement efforts targeting big banks have worked. With fewer cases to bring against them, OFAC seems to be moving on to new weak spots in enforcement, say Sean Kane and Susie Park of Hughes Hubbard & Reed LLP.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Buying And Selling Air Rights In New York City: Part 2

    Excerpt from Lexis Practice Advisor
    Robin Kramer

    Developers utilizing air rights transfers in New York City must understand the process for obtaining such rights, as well as the provisions generally included in zoning lot development and easement agreements, says Robin Kramer of Duval & Stachenfeld LLP in the final part of this article.