Commercial Contracts

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    Rooftop Watering Hole Plan Weathers Antenna Dispute

    A Texas appellate court has upheld the scrapping of an injunction that blocked a Fort Worth building owner from constructing a rooftop bar that allegedly interferes with wireless signals, saying the trial court acted within its discretion.

  • October 11, 2019

    CVR Loses Bid To Reignite Malpractice Fight With Wachtell

    A New York federal judge axed CVR Energy Inc.’s malpractice suit against Wachtell Lipton Rosen & Katz on Wednesday and said the oil company’s request to retool its complaint “blatantly disregards” an earlier order that limited the scope of revisions CVR was already allowed to make.

  • October 11, 2019

    No Exit For Timeshare Atty In Wyndham's False Ad Suit

    An attorney accused of co-running a bogus timeshare exit scheme can't dismiss Wyndham's suit, a Florida federal judge ruled, holding that the hotel giant sufficiently showed that the attorney and others duped owners to default on their financial obligations.

  • October 11, 2019

    '$40 Billion Man' Accused Of Running Fuel Supply Ponzi

    A Houston-based company that buys and sells fuel has filed a lawsuit against a former business partner whose CEO styles himself as "the $40 Billion Man," alleging the partner company is actually operating a Ponzi scheme.

  • October 11, 2019

    Fruit Grower In Contempt In Del Monte Fight, Court Hears

    A Monaco-based Del Monte unit urged a Florida federal court to hold a Costa Rican pineapple plantation in contempt after it allegedly flouted an arbitral award by refusing to stop selling a special variety of super-sweet pineapple, arguing that the grower's "day of reckoning is at hand."

  • October 11, 2019

    Chesapeake Tries To Shake Off Okla. Quake Damage Suit

    A Chesapeake Energy Corp. unit has told a federal court it cannot be held responsible for earthquake-related damage alleged by scores of Oklahoma residents who are suing it and a slew of other oil and gas companies in a proposed class action.

  • October 11, 2019

    5th Circ. Won't Revisit Ruling Nixing Tenn. Benefits Law

    A Fifth Circuit panel has declined to upend its decision that the Employee Retirement Income Security Act trumps a Tennessee law making it easier for physicians to sue insurance companies over disputed medical bills.

  • October 11, 2019

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

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 11, 2019

    Atty Escapes Suit Claiming He Hid Ties To Day Pitney

    A New Jersey state judge on Friday nixed a malpractice action following a former United Parcel Service driver’s failure to appear for a deposition in his suit alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

  • October 10, 2019

    Pot Co. Wants $7M Over Crop Lost By Locked Warehouse

    A California cannabis company allegedly changed the locks on a sub-tenant's growing warehouses after a rent dispute and cut its utilities, killing 11,500 square feet of marijuana plants, making off with $1.1 million and leaving behind a mite- and mold-infested ruin, according to a complaint filed in state court.

  • October 10, 2019

    Student Loan Servicer Accused Of Mishandling Overpayments

    A Wisconsin-based student loan servicer misrepresents the way it allocates excess payments from borrowers on income-based repayment plans, an Illinois borrower claimed Thursday.

  • October 10, 2019

    Coal Magnate Can't Block Doc Order In $48M Award Fight

    A coal magnate and other defendants in litigation filed by several Brazilian iron companies to enforce a $48 million arbitral award were unable to convince a New York judge on Wednesday to set aside a discovery order issued under an exception to the attorney-client privilege.

  • October 10, 2019

    Ex-NFLer Stiffed Benefits Consultants On Fees, Suit Says

    A Florida consulting company is suing a former NFL player, saying in a state court complaint Thursday that he has failed to pay up on a $100,000 contract after the company helped him receive disability benefits from the league.

  • October 10, 2019

    AT&T Affiliate Says Telecoms Owe $3M In Carrier Fees

    CenturyLink, Level 3 Communications and another telecom company owe more than $3 million in unpaid call transfer fees that they have racked up over the last two years but refused to pay, according to a suit filed in a New York federal court.

  • October 10, 2019

    Insurers Say $34M Ala. Pipeline Explosion Suit Not Covered

    Two Liberty Mutual subsidiaries asked an Alabama federal court to declare that they don't have to indemnify a contractor facing lawsuits over its role in a fatal pipeline explosion, including a $34 million suit by Colonial Pipeline Co.

  • October 10, 2019

    Court Sees Breach But No Damages In Miami Firm Dissolution

    A Florida state judge has ruled that three former Ehrenstein Charbonneau Calderín partners are entitled to collect attorney fees for litigation with their former partner over the Miami boutique's 2018 breakup, despite concluding that they breached their operating agreement by unilaterally dissolving the firm.

  • October 10, 2019

    Jury Confusion Sinks Ericsson FRAND Win, 5th Circ. Told

    Electronics maker HTC Corp. pressed the Fifth Circuit this week to overturn a jury verdict that found Ericsson’s cellular patent rates are fair and reasonable, arguing the lower court’s failure to offer clear guidelines on several fundamental elements of the case led the jury astray. 

  • October 09, 2019

    Manatt Nabs Former McDermott Litigation Pro In LA

    Manatt Phelps & Phillips LLP has hired a McDermott Will & Emery LLP litigator who is experienced in representing health care, technology and retail clients in high-stakes litigation and internal investigations involving shareholder derivative claims, alleged False Claims Act violations, off-label prescription drug marketing and more.

  • October 09, 2019

    Chinese Distributor Can't Shake Trade Secrets Suit

    An Ohio federal judge has kept alive a suit from a U.S. medical device company that accuses its Chinese distributor of stealing its trade secrets, ruling that the court has personal jurisdiction over the defendants.

  • October 09, 2019

    LA Rams Suit Could Shine Light On NFL Team Moves

    The U.S. Supreme Court on Tuesday denied a bid by the Los Angeles Rams to pause a lawsuit over the team's contentious departure from St. Louis, in a dispute experts say could lift the curtain on the NFL's process for team relocations amid a slew of team moves in recent years.

  • October 09, 2019

    Split Trial Likely In Dentons' $10M Fee Fight With Guinea

    A long-stalled suit filed by Dentons more than five years ago seeking $10 million in fees from the Republic of Guinea got a jump-start Wednesday when a federal judge told lawyers to come up with potential trial dates as early as this winter.

  • October 09, 2019

    Cannabis Investor Must Arbitrate Equity Fight Over $1.35B IPO

    An early investor in a cannabis company who accused its founders of an elaborate bait-and-switch to dilute his equity by nearly $150 million before taking the company public must make his case in arbitration, a New York state court has ruled.

  • October 09, 2019

    Aetna Won't Cover Needed Physical Therapy, Suit Says

    Aetna Life Insurance Co. is violating federal benefits law by being stingy when it comes to covering physical therapy and taking an overly narrow view of what qualifies as "medically necessary," according to a proposed class action filed in Connecticut federal court.

  • October 09, 2019

    Toshiba Can't Dodge Unpaid Royalties Suit Or Get A Refund

    A California federal judge has granted Tessera the upper hand in a royalty dispute with Toshiba, finding that the Japanese electronics giant must face claims that it dodged payments while also denying a refund request for some royalties it did pay.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

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    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Opinion

    Automated Vehicle Users Should Not Be Forced To Arbitrate

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    Self-driving vehicles could bring greater safety, sustainability and accessibility, but a majority of Americans still distrust the technology — and if automated vehicle companies force passengers to consent to arbitration to resolve disputes, they will further slow public embrace of AVs, say researchers Austin Brown and Gordon Anderson.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Options For Calif. Franchisors After New Contractor Standards

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    Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

  • How SAG-AFTRA Altered Its Deal With Signatory Cos.

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    The Screen Actors Guild-American Federation of Television and Radio Artists union recently reached an agreement with six companies covering the hiring of talent for commercials, but there are reasons to think the deal may not necessarily result in more union productions and union jobs, says Brian Murphy of Frankfurt Kurnit.

  • FERC Proposal Would Shake Up Renewable Energy Pricing

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    The Federal Energy Regulatory Commission recently proposed major modifications to its regulations concerning the Public Utility Regulatory Policies Act, which could significantly affect the ability of renewable power facilities to require electric utilities to purchase their output — and the price that utilities will have pay for that output, say attorneys at Reed Smith.

  • 2 Key Factors In Pay-If-Paid Construction Payment Disputes

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    Recent decisions from courts across the county show that the outcome of construction payment lawsuits involving pay-if-paid clauses may vary depending on inconsistent state laws and the nature of the construction project, says Bob Cox of Williams Mullen.

  • 6th Circ. Ruling May Weaken Key Benefit Of Int'l Arbitration

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    In one of the most anticipated international arbitration decisions in years, Abdul Latif Jameel Transportation v. FedEx, the Sixth Circuit departed from its sister courts and — to the chagrin of longtime practitioners — ruled that U.S. parties may be ordered to produce evidence in foreign international arbitrations, say Richard Deutsch and Sarah Holub of McGuireWoods.

  • ERISA Ruling Signals Change In 5th Circ. Preemption Analysis

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    The Fifth Circuit’s decision in Dialysis Newco v. Community Health Systems that the Employee Retirement Income Security Act preempts a Tennessee law barring anti-assignment clauses in insurance policies acknowledges a shift toward preemption established by the U.S. Supreme Court's 2016 Gobeille opinion, say Thomas Hardy and Martin Bishop at Reed Smith.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • Opinion

    Answer To Iancu's SEP Policy Call Is In Plain Sight

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    The balanced and structured policy for patent licensing negotiations in standards organizations that U.S. Patent and Trademark Office Director Andrei Iancu recently called for is already satisfied by the 2013 joint statement on standard essential patent remedies by the USPTO and U.S. Department of Justice, says Michael Carrier of Rutgers Law School.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.