Commercial Contracts

  • February 24, 2017

    Scrap Metal Co. Looks To Keep Alive Biowaste Delivery Suit

    A&M Metals Processing LLC on Thursday urged a Florida federal court not to dismiss its suit against waste company Stericycle Inc. over 4 million pounds of biomedical waste that it claims was wrongly delivered to A&M's Tampa facility, saying it has properly pled its breach of contract and other claims.

  • February 24, 2017

    Schlumberger Unit Tells Jurors Trade Secrets Were Taken

    An attorney for Schlumberger Ltd. subsidiary M-I LLC, which operates as M-I SWACO, told jurors during closing arguments Friday that had the company's former employee left to work for its competitor in “the right way,” a lawsuit over its trade secrets that has dragged on for nearly three years wouldn't have been necessary.

  • February 24, 2017

    Ceva Sues Chinese Airline For $2M Over Lost Cargo

    China Airlines' cargo division is facing two lawsuits filed last week alleging it was negligent in shipping $2 million worth of biotech materials that were damaged during their trip from Chicago to Shanghai in February 2015.

  • February 24, 2017

    Ex-Lemon Execs Say Calif. Case Should Halt LifeLock IP Suit

    Former executives of Lemon LLC told a Delaware Chancery judge Friday that a suit over intellectual property brought by LifeLock Inc. should be tossed because the same issues have been raised in a California action that has been stayed in that venue, arguing that Delaware precedent prevents overlapping litigation.

  • February 24, 2017

    Chinese Apparel Maker's $1.3M Arbitration Award Upheld

    An Ohio federal court Thursday upheld a $1.3 million arbitration award to a Chinese clothing manufacturer, saying the arbiter acted within the law and her authority.

  • February 24, 2017

    Judge Shaves Claims Off Mitsubishi Faulty Odometer Suit

    A California federal judge on Thursday dismissed most of a proposed class action against Mitsubishi's North American unit over allegedly faulty odometers, but gave the dealership employee who filed the suit a chance to amend his complaint.

  • February 24, 2017

    Ecolab Can’t Get Back Docs, Trade Secrets From Ex-Workers

    A Nevada federal judge on Thursday denied a preliminary injunction bid from Ecolab Inc. seeking to take back documents and trade secrets allegedly stolen by former employees, saying the company hasn’t shown a likelihood of success on claims the ex-workers breached employment agreements.

  • February 24, 2017

    Brokers Fight To Keep $20M Botched Trade Award Suit In NY

    Brokers who facilitated an allegedly botched stock trade for BTIG LLC fought Thursday to keep their suit seeking to vacate a $20 million arbitral award in New York rather than California, telling a New York judge that BTIG's California suit was filed after the New York suit had already begun.

  • February 24, 2017

    Google Strikes $22M Deal To End AdWords 'Dead Sites' Action

    Google Inc. struck a $22.5 million settlement with a proposed class of advertisers who claim the tech giant placed their purchased ads on unused or inactive websites, bringing an end to a nearly nine-years-long litigation in California federal court, according to a Thursday court filing.

  • February 24, 2017

    Speaker Co.'s $1M Award Confirmed Against No-Show Buyer

    A California federal judge confirmed a $1 million arbitration award Thursday for a Chinese company that says it delivered more than 13,000 trendy portable speakers for Stelle LLC, but Stelle never fully paid up or appeared in either arbitration or the confirmation proceedings.

  • February 24, 2017

    Chinese Uber Drivers Must Arbitrate Guaranteed Income Row

    Chinese Uber drivers alleging the company didn’t pay them a promised minimum monthly income must arbitrate their claims against the company and cannot act as a class, even though they couldn’t understand the English contract binding them to arbitration, a New York federal court ruled Thursday.

  • February 24, 2017

    'Fresh Prince' Star's Stolen Show Row With Warner Canceled

    A California judge on Friday dismissed “Fresh Prince of Bel-Air” star Tatyana Ali's lawsuit alleging Time Warner stole her pitch of a racially diverse daytime talk show for its show “The Real,” ruling that just the idea for a talk show is not protectable by California's trade secrets law.

  • February 24, 2017

    Hemlock Asks 6th Circ. To Affirm $3.5M Fee In Contract Row

    Hemlock Semiconductor Corp. has told the Sixth Circuit it should affirm a $3.5 million attorneys' fees award in a supply contract dispute with a SolarWorld unit, saying that the awarding district court did not abuse its discretion and that the unit’s objections ring hollow.

  • February 24, 2017

    Judge Grants Lenders' Wish, Pausing $100M Egypt Bond Row

    A Manhattan federal judge on Thursday granted a stay pending arbitration proceedings to lenders who accuse two Egyptian businessmen of plundering $100 million in bonds issued by companies the men controlled, in a move limiting the brothers’ ability to further delay review of the nearly decade-old case.

  • February 24, 2017

    Ex-NFL Players Can't Catch Quick Win In Investment Fraud Suit

    A North Carolina magistrate judge won’t grant two former NFL defensive backs’ bid for a partial win in their countersuit against a financial manager who allegedly roped them into a bad restaurant franchise investment, finding Thursday that there are too many issues of fact for such a ruling.

  • February 23, 2017

    Google's Driverless Car Unit Accuses Uber Of IP Theft

    Google's self-driving car unit Waymo LLC filed a lawsuit in California federal court Thursday accusing Uber Technologies Inc. of stealing trade secrets and infringing patents over its proprietary laser system used to help guide driverless vehicles.

  • February 23, 2017

    NM Tribe Wants Tough Sentence For Ex-Construction Co. Head

    A New Mexico tribe urged a federal court Wednesday to hand a stiff sentence to the ex-president of a tribal company who pled guilty to fraud for his role in a purported $5.3 million kickback scheme related to U.S. Air Force contracts in the Middle East, saying the official deserves a much longer sentence than the government has recommended.

  • February 23, 2017

    'Sudden' Clause Lets Allstate Off Hook In Foundation Case

    A Connecticut federal judge let one insurer off the hook but said another may still be liable for coverage of the crumbling foundation at a couple’s Ashford, Connecticut, home, part of a wave of insurance lawsuits that’s swept the state as hundreds of faulty foundations poured in the 1980s and ’90s begin to crack.

  • February 23, 2017

    Protected Doc Use Flagged In Merrill Bid To Block Arbitration

    A federal judge in Delaware pressed an attorney for jailed businesswoman Gigi Jordan on Thursday on use of confidential documents from past court actions to launch an arbitration demand against Merrill Lynch Pierce Fenner & Smith Inc., during arguments on a Merrill bid for a preliminary injunction to block the move.

  • February 23, 2017

    Fla. High Court Tosses Abortion Ban At Orlando Clinic

    The Florida Supreme Court on Thursday struck down a temporary injunction barring Planned Parenthood of Greater Orlando Inc. from performing abortions at one of its offices because of a restrictive covenant on the property, ruling that the injunction was not based on competent, substantial evidence.

Expert Analysis

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts have made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Celeb Endorsement Contracts May Change In The Trump Era

    Matthew Y. Kane

    When Under Armour’s CEO recently called President Donald Trump “a real asset for the country,” several Under Armour celebrity spokespersons voiced their disapproval. In the age of Trump, advertisers should re-evaluate what kind of behavior they're willing to tolerate from their celebrity endorsers, say Matthew Kane and Keri Bruce of Reed Smith LLP.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.