Commercial Contracts

  • January 13, 2017

    Spouse Of FTC Witness In Diet Pill Suit Avoids Sanctions

    A Florida federal judge on Friday declined to sanction the husband of one of the Federal Trade Commission’s key witnesses in the agency’s false advertising suit against diet pill maker Roca Labs after the company said he failed to respond to a subpoena, concluding that reasonable efforts to comply were made.

  • January 13, 2017

    Belize Urges 11th Circ. To Toss $22M Telecom Contract Suit

    The government of Belize urged the Eleventh Circuit on Friday to dismiss a claim it owes a company more than $22 million for leased telecommunications equipment, saying a lower court failed to properly consider Belizean law and wrongly found that it waived sovereign immunity.

  • January 13, 2017

    $50M Contract Suit Against Dominican Republic Sent To Trial

    A Florida federal judge on Thursday denied the Dominican Republic's bid for summary judgment against two Miami-based companies accusing the country of breaching a $51.8 million irrigation contract, clearing the way for trial to start this month.

  • January 13, 2017

    Manufacturer Asks Texas High Court To Cut Contempt Order

    A baking soda manufacturer and a wholesaler are facing off in the Texas Supreme Court over whether the manufacturer was wrongly held in contempt for violating a temporary restraining order by directly soliciting a customer’s business.

  • January 13, 2017

    Calif. Telecom Fights Partner’s Fraud Claims In Sprint Dispute

    A California telecommunications products company Thursday urged a California judge to ax counterclaims from a former business partner in a breach of contract case, saying the claims of fraud, forgery and misappropriation of trade secrets fail to meet basic pleading requirements.

  • January 13, 2017

    Photogs Ask To Appeal NFL, AP Contract Claims Dismissal

    Photographers alleging that the National Football League forced them into a raw deal with the Associated Press asked a New York federal judge to amend his judgment and allow an appeal of some of their claims, arguing that they are distinct from the claims that are scheduled for arbitration.

  • January 13, 2017

    Monster Energy Wins Arbitration Clause Fight After Default

    A California federal judge is holding in default a Monster Energy Co. business partner from French Guiana, finding that the company failed to respond to a lawsuit by Monster over the alleged breach of an arbitration clause in a distribution agreement.

  • January 13, 2017

    Property Co. Says Loeb & Loeb Dropped It Like 'Hot Potato'

    Property development company Howard Hughes Corp. told a California federal judge Thursday that Loeb & Loeb LLP can’t represent Regal Cinemas in its suit alleging HHC pulled a bait-and-switch with a pair of movie theater leases because the law firm ditched HHC specifically to take the job with Regal.

  • January 13, 2017

    Delhi Judge Won’t Name Arbitrator In $2M Rail Contract Row

    An Indian court has declined to appoint an arbitrator in a dispute between a construction firm and a rail engineering consultant owned by India’s government over a $1.9 million contract for work in Sri Lanka, saying the international aspect of the dispute stripped it of the power to act.

  • January 13, 2017

    8th Circ. Affirms Max Liability Ruling In Grocer's Breach Battle

    The Eighth Circuit on Friday saved Schnuck Markets from a potential million-dollar bill related to a 2013 data breach that compromised customer cardholder data, letting stand a lower court's ruling that the supermarket chain's liability is capped at $500,000.

  • January 13, 2017

    High Court Will Resolve Class Action Waiver Battle

    The U.S. Supreme Court on Friday agreed to consider whether the National Labor Relations Board is correct in its interpretation that arbitration agreements are illegal under federal labor law if they contain class action waivers, setting the stage for a showdown on an issue that has divided circuit courts.

  • January 13, 2017

    Indonesian Miner Has $950K Award OK'd Against Missouri Co.

    An Indonesian mining company that sued a vendor last year to enforce a $950,000 arbitral award got the award confirmed this week by a Missouri federal judge after more than a month passed without an appearance or response from the apparently dissolved vendor.

  • January 12, 2017

    Judge Still Mulling Del Monte Bid To Halt Pineapple Sales

    A Florida federal judge ordered Fresh Del Monte Produce Inc. and a Costa Rican juice company to provide more details about pineapple purchases that Del Monte asserts are illegal, saying Monday that he wouldn't contemplate halting the sales until he has precise dates and quantities relevant to the decision.

  • January 12, 2017

    Noble Asks Texas Justices To Nix $63M Conoco Indemnity

    Noble Energy Inc. on Thursday told the Texas Supreme Court it’s wrongly on the hook to ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement a predecessor company didn't know existed when it bought property.

  • January 12, 2017

    BP Fights To Keep Drilling Rights On Texas Ranch

    A BP unit told the Texas Supreme Court on Thursday the company had been wrongly ousted from natural gas wells on a 2,000-acre ranch because of flawed jury findings that the wells were no longer capable of producing enough gas to maintain BP’s leases.

  • January 12, 2017

    Airbus Settles Arbitral Row In $4.5M Fund Manager Dispute

    Global aerospace giant Airbus Group SE on Wednesday told a New York federal judge that it has reached a tentative settlement in its case to halt a $4.5 million arbitration claim brought against it by a former Andreessen Horowitz partner who led its Silicon Valley venture capital arm.

  • January 12, 2017

    UMG Only Just Begun To Pay Digital Royalties, Carpenters Say

    Richard Carpenter, half of one of the best-selling musical duos of all time, accused Universal Music Group Inc. of holding on to at least $2 million in royalties owed to him and his late sister Karen’s estate, according to a suit filed in Los Angeles on Wednesday.

  • January 12, 2017

    Avago Fights 'Boilerplate' Antitrust Suit Over Tech Patents

    Avago Technologies and its affiliates urged a California federal judge Thursday to toss an antitrust suit by electronics maker Funai that accuses them of leveraging their patents to gain a monopoly over the wireless network and video compression markets, saying the allegations are "boilerplate" and don't point to specific harm.

  • January 12, 2017

    Mich. Tribe, Blue Cross Settle ERISA Suit

    A federal judge on Wednesday dismissed the Little River Band of Ottawa Indians' allegations that Blue Cross Blue Shield of Michigan disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan, after the parties said they settled the matter.

  • January 12, 2017

    Fla. Exotic Dancers Blast Clubs’ Quick Win Bid In Wage Suit

    The representatives for a preliminarily certified class of exotic dancers on Wednesday blasted a judgment bid from two adult entertainment clubs accused of failing to pay minimum wage and overtime, telling a Florida federal court they qualify as employees under the Fair Labor Standards Act.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.

  • When Making The Sale Isn't 'Offering To Sell'

    JD Wooten

    Is Amazon legally the seller of items made available by third parties on And is the e-commerce giant liable if those products infringe someone else's patents? A Washington federal court answered no to both questions. As the Federal Circuit considers the case, it must balance patent protection with market access, says JD Wooten of Womble Carlyle Sandridge & Rice LLP.

  • The Fate Of Distribution Rights After Bankruptcy

    Shmuel Vasser

    In Mission Product Holdings v. Tempnology, the bankruptcy appellate panel for the First Circuit held that Section 365(n) did not protect the exclusive distribution rights granted to the licensee of the debtor’s intellectual property, leaving unaddressed the practical implication that an IP license may be rendered worthless without the accompanying distribution rights, say Shmuel Vasser and Andrew Harmeyer of Dechert LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • In Mass., Contractor Misclassification Is Easy As 'ABC'

     J. Allen Jones

    The Massachusetts Supreme Court's recent decision in Chambers v. RDI Logistics reemphasizes the importance of treating your independent contractors like any other vendor with which you do business and highlights the potential minefield when you are too clever by half, say J. Allen Jones and Richard Plewacki of Benesch Friedlander Coplan & Aronoff LLP.

  • Acquiring Ownership Rights To Machine Learning Output

    Michael Baumert

    Without certain adjustments, the traditional software licensing model may no longer be appropriate for the licensing of artificial intelligence systems, says Michael Baumert of Mayer Brown LLP.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • SLUSA Continues To Stir Jurisdictional Questions

    William F. Sullivan

    It is easy to understand how the Ninth Circuit’s ruling in Rainero v. Archon Corp. may create confusion. The Securities Litigation Uniform Standards Act was enacted to deter plaintiffs from forum shopping in state courts. Now, the Ninth Circuit joins the D.C. Circuit in denying federal question jurisdiction over certain covered class actions, say attorneys with Paul Hastings LLP.