Commercial Contracts

  • August 18, 2017

    Cuneo Gilbert Wants Ex-Colleague Sanctioned In Bias Suit

    Cuneo Gilbert & LaDuca LLP asked a New York federal judge to sanction a former colleague suing the law firm for national origin discrimination, saying Friday that she failed to appear for a status conference earlier this month.

  • August 18, 2017

    NJ Court Nixes DQ Bid In Superstorm Sandy Insurance Row

    A New Jersey federal judge on Thursday rejected a bid to disqualify an attorney from representing a condo association in its lawsuit over Superstorm Sandy-related flood insurance coverage, finding that the parties accused of not obtaining the proper policies waited too long to bring the motion.

  • August 18, 2017

    Fla. Taco Chain Owner Says Partners Tried To Cut Him Out

    A partner in Gringos Locos, a taco restaurant with multiple locations in Central Florida, has sued two other business partners in Florida state court accusing them of trying to wrongfully deprive him of his ownership interest as the company expands.

  • August 18, 2017

    US Trustee Slams Payments To Ybrant's Bankruptcy Counsel

    The U.S. trustee’s office told a New York bankruptcy court Thursday that counsel for Ybrant Digital, which filed for Chapter 11 after getting hit with a $37 million arbitration award in a dispute with a South Korean technology company, should return fees that were purportedly received from unauthorized Ybrant subsidiaries.

  • August 18, 2017

    Ex-Statoil Exec Says Injunction Bid Should Be Nixed

    A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.

  • August 18, 2017

    Westinghouse Liable For Project Shutdown Costs, Co. Says

    A subcontractor of bankrupt Westinghouse Electric Co. asked a New York bankruptcy court Thursday to ensure it will be paid the more than $2 million it says it will need to wind down its work at a canceled South Carolina nuclear power project.

  • August 18, 2017

    Schorsch Sues REIT Biz Successor For Defense Costs

    Real estate investment trust mogul Nicholas S. Schorsch sued his former flagship business for defense fee coverage Thursday in Delaware’s Chancery Court, accusing the firm of refusing to honor agreements to pay and claiming that delays threaten his efforts in multiple proceedings.

  • August 18, 2017

    Pa. Pharmacy Must Face Horizon's Fraud Suit, Judge Says

    A New Jersey federal judge on Wednesday refused to toss Horizon Blue Cross Blue Shield of New Jersey’s lawsuit seeking to recoup $10 million the insurer paid in claim reimbursements to an allegedly unlicensed Pennsylvania mail-order pharmacy, ruling that the claims of insurance fraud and other violations were plausible.  

  • August 18, 2017

    Relativity CEO Conned Him Out Of $2M, Investor Claims

    A hedge fund investor sued Relativity Media CEO Ryan Kavanaugh in California court Thursday, claiming the studio founder went to “unscrupulous lengths” to get him to loan $2 million to the company just before it went bankrupt, using his prior $10 million investment as leverage.

  • August 18, 2017

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

    The last week has seen the European Investment Bank sue the Syrian government, Bank of India bring a commercial contract claim against a Turkish mining firm, and a claim targeting insurance firm QBE. Here, Law360 looks at those and other new claims in the U.K.

  • August 18, 2017

    Country Club Biz Keeps $20M Award Over Shrunk Project

    The Pennsylvania Superior Court said Wednesday it would not reconsider a $20 million jury verdict in favor of a country club management company in a fight with a real estate developer over the reduction of a residential project around a club, which the company claimed flouted their contract.

  • August 18, 2017

    Execs Can Be Subpoenaed In $31M Award Row, Judge Rules

    A Virginia federal judge on Friday granted a request from a security contractor to issue subpoenas for two executives of a United Arab Emirates-based food supplier for the U.S. Department of Defense, whose testimony could show whether the court has jurisdiction to enforce a $31 million arbitral award.

  • August 18, 2017

    No $4.6M Sanctions For MasterCard's 'Reproachable' Move

    A New York federal judge has blocked a $4.6 million sanctions bid against MasterCard by a former payment-processing partner, saying that even though MasterCard's running up of its opponent’s legal fees on a key question before trial may have been “reproachable,” both sides had the unambiguous contract in front of them the whole time.

  • August 18, 2017

    US Real Estate Co. Says Venue Row Can't Wait On High Court

    A U.S. real estate developer asked the Eleventh Circuit Thursday not to delay the appeals court's ruling upholding a lower court’s confirmation of an arbitration award against an Israeli developer, arguing that the move would unfairly prejudice it.

  • August 18, 2017

    Contractor Asks DC Circ. Not To Revive $8.5M Award Fight

    An Afghan builder on Thursday asked the D.C. Circuit to uphold an order enforcing the $8.5 million award it won against a U.S. engineering firm over a dispute involving a power plant tied to a U.S. foreign aid project, saying that the American company hasn’t offered any new arguments.

  • August 18, 2017

    BMI Asks 2nd Circ. To Uphold Fractional Licensing Win

    There is no support for the government's position that a decades-old antitrust consent decree prohibits Broadcast Music Inc. from issuing fractional licenses for music performance rights and a lower court's rejection of that interpretation should be upheld, BMI told the Second Circuit on Thursday.

  • August 17, 2017

    8th Circ. Picks Apart $289M PNC Insurance Scam Judgment

    The Eighth Circuit largely freed PNC Bank NA on Thursday from a $289 million judgment it had been ordered to pay over its role in a life insurance scheme, with the appeals court saying the case proceeded on a faulty legal basis that wrongly allowed for nationwide damages.

  • August 17, 2017

    Think Finance Owes $4M On Refinance Deal, Firm Claims

    A boutique investment bank and advisory firm is seeking more than $4 million from Think Finance Inc., a loan servicer that often negotiates with Native American tribes, as part of a success fee for assisting in a credit facility refinancing, according to a suit filed in New York federal court.

  • August 17, 2017

    Wash. Ultrasound Co.'s $2.7M Arbitration Award Gets OK

    A Washington federal judge on Thursday confirmed an ultrasound device company’s second arbitration award against a Korean competitor accused of ripping off its confidential information, with this one worth over $2.7 million in attorneys' fees and costs, nearly matching the amount of its first award.

  • August 17, 2017

    Manhattan Project Cleanup Contractor Owes $12.7M: 6th Circ.

    The Sixth Circuit on Thursday upheld a $12.7 million award for extra work carried out by a subcontractor that cleaned up the hazardous waste left behind from the Manhattan Project, but remanded the case to recalculate interest.

Expert Analysis

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • 'Nonbinding' Still Means 'Nonbinding' In Texas

    Roxanne Almaraz

    Last month, a Texas court reversed a $535 million jury verdict against Enterprise Products Partners LP, leaving Energy Transfer Partners LP empty-handed, and holding that no binding partnership had been inadvertently formed between the companies. Contract lawyers and many would-be midstream joint venturers are breathing a collective sigh of relief, say Roxanne Almaraz and Alyssa Ladd of King & Spalding LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • From Bills Of Lading To Blockchain Structures: Part 2

    Christopher McDermott

    It may be possible to design a blockchain structure that can fulfill the legal requirements of a bill of lading. But making a blockchain bill of lading negotiable hinges on whether state of mind factors work in a decentralized system that takes transactions out of the hands of human beings, say attorneys with Cadwalader Wickersham & Taft LLP.