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Commercial Contracts

  • January 17, 2019

    Insurer Says $1.5M Arbitration Award Over Stolen Info Sound

    American Income Life Insurance Co. asked a Texas federal court on Wednesday to confirm a $1.54 million arbitration award it won against a former agent after he allegedly took confidential information after leaving the company, saying the arguments in his appeal were already dismissed by the arbitrator.

  • January 17, 2019

    Contractor Seeks $10M After Pa. Pipeline Project Goes Awry

    A Houston-based Williams Partners LP pipeline unit based in Houston delayed the reconstruction of a Pennsylvania natural gas facility that exploded two years ago, then improperly fired the company hired to do the job, the contractor claimed in a federal lawsuit seeking more than $10 million.

  • January 17, 2019

    5th Circ. OKs $20.5M Award In YouTube Channel Profits Row

    The Fifth Circuit on Wednesday upheld a $20.5 million verdict in a partnership dispute over profits from a YouTube channel focused on video games, rejecting an argument from two partners in the channel that the lower court never had jurisdiction to hear the case.

  • January 17, 2019

    Qualcomm Requests More Time In Apple Patent Fees Trial

    Qualcomm needs an extra day before the jury to defend itself against Apple's allegations that it has been overcharging for patent licensing fees, the chipmaker told a California federal judge Wednesday.

  • January 17, 2019

    Retirees' Deal With PPG Nets $7.7M, Health Benefits For 7 Yrs.

    PPG Industries Inc. will pay a class of retirees $7.65 million and ensure them health benefits through 2025 to settle allegations that the paint and chemical company wrongly cut off promised lifetime health benefits, the retirees told an Ohio federal court Thursday.

  • January 17, 2019

    Moonves Demands CBS Arbitrate $120M Severance Denial

    Former CBS chief Les Moonves is taking the network to arbitration over its denial of a $120 million exit package following his ouster last year over alleged sexual harassment in the workplace, according to a financial disclosure CBS filed Wednesday.

  • January 17, 2019

    Chancery's Toss Of $3M Biotech Co. Breach Claim Stands

    The Delaware Supreme Court on Thursday upheld a Chancery Court dismissal of global health care and biosecurity company BioVeris Corp.'s roughly $3 million breach of contract dispute with a former partner, rejecting the company’s argument the lower court misapplied statute of limitations standards.

  • January 17, 2019

    Gilstrap Won't Delay HTC's Royalty Row Trial With Ericsson

    U.S. District Judge Rodney Gilstrap on Wednesday shot down HTC's request to delay an upcoming trial in its case alleging Ericsson overcharges for royalties on cellular and wireless standard-essential patents, saying the bid appears to be a "litigation tactic."

  • January 17, 2019

    AT&T Can Arbitrate Ex-Worker's Age Bias Suit, 1st Circ. Says

    The First Circuit ruled Wednesday that a former AT&T employee in Puerto Rico who claims she was illegally demoted and fired because of her age must arbitrate her claims since she failed to complete the procedure laid out by the company to opt out of its arbitration program.

  • January 17, 2019

    Ticket Co. Shut Down After $4.5M Tech-Poaching Verdict

    A Manhattan federal judge ordered Seat Scouts LLC effectively closed Thursday after a jury smacked the ticket tech concern and its CEO with $4.5 million of damages, finding they pilfered technology from competitor Broker Genius Inc. that allows resale brokers to easily reprice sports and entertainment stubs.

  • January 17, 2019

    Del. Justices Overturn Chancery-Ordered Oxbow Carbon Sale

    Delaware’s Supreme Court on Thursday vacated a Chancery Court order for a potential multibillion-dollar sale of William I. Koch’s Oxbow Carbon LLC, rejecting the lower court's finding that the forced sale was a justifiable fix for a gap in contract provisions for investors seeking to cash out.

  • January 16, 2019

    Ex-Hallmark Host's Atty DQ'd In Wrongful Termination Suit

    The Bloom Firm cannot represent a former Hallmark Channel host accusing the television network of firing him for reporting sexual harassment on set, a California federal judge ruled Wednesday, finding that the firm previously had a legal consulting agreement with one of the network’s producers embroiled in the harassment claims.

  • January 16, 2019

    Jay-Z Stalling With Arbiter Diversity Push: Rocawear Owner

    Rocawear clothing owner Iconix Brand Group Inc. told a New York state court that Jay-Z's complaints about the American Arbitration Association's lack of diversity in an intellectual property dispute are an attempt to dodge arbitration "masquerading as a crusade to create further diversity."

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Match Accuses Tinder Co-Founder Of Swiping Trade Secrets

    Tinder co-founder Sean Rad violated trade secret protection agreements by making copies of his work emails and other documents, Tinder owner Match Group Inc. and its parent company said in a suit filed in New York state court.

  • January 16, 2019

    EmblemHealth Defeats Retired Execs' Health Benefits Suit

    EmblemHealth Inc. was allowed to change the medical benefits provided to its retired executives without violating the Employee Retirement Income Security Act, as there was no explicit promise to vest those benefits, a New York federal judge ruled Tuesday.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    Dispute Over Ticket Autopricing Tech Goes Before NYC Jury

    A Manhattan jury mulled Wednesday whether to award entrepreneur Shmuel "Sam" Sherman damages after his company accused a rival of poaching what Sherman calls revolutionary software that allows resale brokers to easily reprice inventory in the multibillion-dollar market for sports and entertainment tickets.

  • January 16, 2019

    HVAC Co. Seeks Pay For Work On $20M VA Hospital Revamp

    A Missouri-based HVAC company alleged in Ohio federal court Wednesday that it was not fully paid for the installation of insulation and ventilation systems as part of a $20.4 million construction project at a Cincinnati Veterans Affairs hospital.

  • January 16, 2019

    NY Judge Halts Arbitration Between Shipping Co., Fuel Trader

    A New York federal judge on Tuesday ordered a United Arab Emirates marine fuel oil trader to halt arbitration against a Chinese shipping company following a $1.8 million dispute over a fuel delivery, relying on a series of rulings in Singapore concluding there was no arbitration agreement between the parties.

Expert Analysis

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • Capital Leases Are Dead, Long Live Finance Leases

    Brad Boericke

    Starting this year, public companies must adopt the Financial Standards Accounting Board's new lease accounting rules, which eliminate the defined term "capital leases." Lenders and borrowers alike will need to consider taking a new approach to drafting credit agreements, says Brad Boericke of Pepper Hamilton LLP.

  • A Guide To Reducing Limitations Periods On Employee Claims

    Excerpt from Lexis Practice Advisor
    Ann-Elizabeth Ostrager

    Employers generally benefit from drafting agreements that shorten statutes of limitations on employee claims. However, there are several considerations when assessing whether and how to trim the relevant period, say Ann-Elizabeth Ostrager and Courtney Hunter of Sullivan & Cromwell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.