Commercial Contracts

  • June 27, 2017

    SunEd Blasts Whistleblower Execs In Push For $32M Deal OK

    SunEdison Inc. on Monday blasted two former executives with pending whistleblower claims against the bankrupt green energy giant for objecting to a proposed $32 million settlement with unsecured creditors, urging a New York bankruptcy court to overrule their objections and approve the deal.

  • June 27, 2017

    Accused 9/11 Scammer Sues Barasch McGarry For $500K

    A settlement advance company, accused by authorities of scamming 9/11 first responders, has sued Barasch McGarry Salzman & Penson in New Jersey state court over claims the firm refused to pay about $500,000 owed to the business from money awarded to a retired police officer for injuries related to the terrorist attacks.

  • June 27, 2017

    NJ Atty Sued For Malpractice Over Lost $1M Realty Deposit

    A real estate company has sued its onetime attorney in New Jersey state court for allegedly failing to include financing and environmental review conditions into the contract for its planned purchase of an industrial building, leading to the loss of a $1 million deposit when the sale collapsed.

  • June 27, 2017

    Del. Justices Reverse Chancery In $2B Westinghouse Row

    Bankrupt Westinghouse Electric Co. LLC suffered a potential $2 billion setback on Tuesday in its dispute with Chicago Bridge & Iron Co. over the purchase of its nuclear unit, as Delaware’s Supreme Court ruled the contract strictly limits what items Westinghouse can challenge in a post-sale review process.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    Texas Court Revives Arbitration Bid In Iron Ore Purchase Suit

    A Texas appeals court ruled Tuesday that a lower court had improperly infringed on an arbitration agreement by ruling that a contract dispute between a commodities trader and a metals company over the purchase of iron ore was outside the scope of the agreed-to arbitration clause.

  • June 27, 2017

    Kortright Misrepresentation Claim Stands Against Investcorp

    A Manhattan federal judge on Tuesday let stand a negligent misrepresentation claim in asset manager Kortright Capital Partners LP's $100 million lawsuit against estranged strategic partner Investcorp Investment Advisers Ltd. over an investor pullout that allegedly tripped up a separate deal and destroyed the plaintiff's business.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Texas Court Says Securities Fraud Finding Dealt Too Soon

    A Texas appellate court on Monday reversed a trial court’s finding of securities fraud against a company selling investments in a senior care facility, holding the lower court didn’t adequately consider the company’s argument that the suit is time-barred.

  • June 27, 2017

    Four Seasons Says Licensee Can't Rehash Row In Arbitration

    Four Seasons on Monday reiterated its bid for a California federal court — rather than an arbitration panel — to interpret the scope of the Ninth Circuit’s order in a dispute over split loyalties with the owner of a Four Seasons-branded hotel, arguing the owner is trying to relitigate the case.

  • June 27, 2017

    Avis To Maintain Waymo’s Self-Driving Cars In Phoenix

    Avis Budget Group Inc. has reached a multiyear agreement with Alphabet Inc.’s self-driving car unit Waymo LLC to provide maintenance and parking for Waymo’s fleet of autonomous vehicles at certain Avis and Budget car rental locations in Phoenix.

  • June 27, 2017

    Arizona Tribe Wants Injunction In Water Rights Row

    The Ak-Chin Indian Community on Tuesday urged an Arizona federal judge to force an Arizona water conservation district it is suing to deliver the full amount of water ordered to be delivered to the tribe in 2018 by the federal government while its water rights dispute plays out in court.

  • June 27, 2017

    11th Circ. Affirms Win For Fla. Developer In $12M Hotel Fight

    The Eleventh Circuit has affirmed a defense win for a Florida developer who defeated $12 million in fraud claims brought by two Middle Eastern companies over a hotel project investment, ruling there was nothing wrong with the trial court's instructions to the jury.

  • June 27, 2017

    T-Mobile's $18.5M Fees Request 'Unreasonable,' Huawei Says

    Huawei blasted T-Mobile’s request for more than $18.5 million in fees and costs on a $4.8 million jury verdict as “unreasonable” in Washington federal court on Monday after the Chinese handset maker was found partly liable in a suit over a concerted espionage campaign to glean the secrets behind a phone-testing robot.

  • June 27, 2017

    Insurers Want $6M Gift Card Hack Coverage Case Split Up

    Travelers Casualty and Surety and Federal Insurance Co. on Monday asked a Missouri federal court to split off claims that they broke their contracts when they denied a marketing company’s $6 million claim for a data breach from the claims they did so in bad faith, arguing one does not necessarily imply the other.

  • June 27, 2017

    8th Circ. Ends St. Louis Cardinals Volunteer's Pay Suit

    A volunteer for the St. Louis Cardinals’ concessions operator — who worked for a day in exchange for a one-time charitable donation — can’t pursue a class action alleging the company violated minimum wage laws because he signed a release form that contained a valid arbitration agreement, the Eighth Circuit ruled Tuesday.

  • June 27, 2017

    Qualcomm Can't Ditch FTC Antitrust Suit Over Chip Patents

    A California federal judge on Monday rejected Qualcomm's request to dismiss the Federal Trade Commission's suit claiming the chipmaker illegally used its licensing agreements' key patents to monopolize the market.

  • June 27, 2017

    License Covered Fiber-Optic Work, Contractor Tells 9th Circ.

    A telecommunications contractor that had sought to recover more than $18 million it said it was owed has told the Ninth Circuit that a California federal judge was wrong to rule that the company wasn't properly licensed to dig trenches to install a fiber-optic cable network.

  • June 27, 2017

    Nigeria Knocks Ex-Enron Unit's Fee Bid In $21M Award Row

    A former Enron subsidiary has failed to justify its request for hundreds of thousands of dollars in legal fees for the solo practitioner who netted the company confirmation of a contract breach arbitral win against the Nigerian government now topping $21 million, the country told a D.C. federal court Monday.

Expert Analysis

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • A Buyer’s Guide To Carelessly Losing Indemnification Rights

    Craig Godshall

    The recent case of Davis v. EMSI Holding reminds us that basic Delaware law can defeat even the most well-crafted indemnification arrangements in a private company stock acquisition, says Craig Godshall of Dechert LLP.

  • The Risks Of Releasing Privileged Investigative Reports

    Nicholas Goldin

    The recent D.C. federal court decision in Banneker Ventures v. Graham underscores the close analysis that should accompany a decision to publicly disclose even a summary of an internal investigation that was conducted under the attorney-client privilege, say Nicholas Goldin and Yafit Cohn of Simpson Thacher & Bartlett LLP.

  • 3 Labor Law Issues All Employers Should Follow

    Jordan Faykus

    Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Contract Challenges With Selling 'Dualed' Auto Dealerships

    Sara Decatur Judge

    A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Update On Discovery Of Patent Prosecution Communications

    Jeffrey Thomas

    Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.