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Commercial Contracts

  • August 17, 2018

    Wall Installer Can't Restart Claims Against Related Cos.

    U.S. District Judge Jed S. Rakoff has blocked an exterior wall installer’s bid to to reinstate fraud and unjust enrichment claims against The Related Companies LP over the real estate firm’s collection of funds from a Chicago project, saying the allegations are not sufficiently supported.

  • August 17, 2018

    Quinn Emanuel Says Ex-Partners Can't Duck Fee Arbitration

    Quinn Emanuel Urquhart & Sullivan LLP reiterated on Thursday in New York court that its former partners who launched Selendy & Gay PLLC cannot escape arbitrating a dispute over a clause in their partnership agreement requiring them to remit fees earned from clients they took to their new firm.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 17, 2018

    600 Lb Gorillas Gets $725K Of $3.9M Sought In Dessert Spat

    Novelty dessert company 600 lb Gorillas was awarded a fraction of the $3.9 million it sought in a breach of contract suit over allegedly subpar ice cream, getting only $725,000 from a Massachusetts federal jury on Friday, while its supplier Mister Cookie Face was handed the full $270,000 it wanted for a counterclaim over being stuck with unused ice cream sandwiches.

  • August 16, 2018

    Judge's Wild Order Threatens To Make Warring Attys Kiss

    A Texas federal judge threatened to make opposing attorneys kiss one another at the Alamo, lamented the days when Texas cases were handled by Texas attorneys, quoted Elvis, and generally went off in an order setting a status conference for a trade secret dispute between HouseCanary Inc. and Quicken Loans.

  • August 16, 2018

    Atty Suing Google Sees No Conflict With Law Firm

    A lawyer seeking to represent thousands of online advertisers in a suit against Google urged a California federal judge Thursday to certify a class and reject the tech giant's objections that the named plaintiff — himself an attorney —is now a partner at a law firm that once worked on the case.

  • August 16, 2018

    $25M Beats Royalties Winner Likely Getting Interest, Fees

    A California judge on Thursday tentatively ruled that an entrepreneur who won $25.25 million at trial for his work on Beats Electronics LLC’s first headphones is entitled to roughly $5.6 million in prejudgment interest, and said that he will likely award attorneys’ fees in the future.

  • August 16, 2018

    Recom AG Can't Yet Escape $1.9M Arbitration Award Dispute

    A New Jersey federal judge said Thursday that Recom AG can’t hide behind its U.S. branch as it seeks to avoid paying a $1.9 million arbitration award to a construction company, rejecting the German solar panel supplier’s bid to escape the dispute.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Chancery Points To Contract In $167M Amur Finance Default

    Expressing deep frustration with calls for continued Chancery Court intervention in a multiyear lender and borrower dispute, a Delaware vice chancellor on Thursday told both sides to look to their contract in sorting out a potential $167 million loan default finding.

  • August 16, 2018

    RV Appliance Maker Ducks Most Claims In Contract Suit

    A New York federal judge trimmed the majority of claims against RV services company Airxcel Inc. brought by the founder of a RV roller shade maker the company purchased who claims he was defrauded out of a potential $5.6 million, finding the contract between the parties precluded the bulk of his claims.

  • August 16, 2018

    Boeing Must Face Bankrupt Aircraft Co.'s $100M Suit

    An Alabama federal judge has denied Alabama Aircraft Industries a quick win in its $100 million suit alleging Boeing put it out of business by pushing it out of a $1.2 billion U.S. Air Force contract, but also refused to clear the aerospace giant of the accusation, saying a jury will have to weigh the facts. 

  • August 16, 2018

    Fired Contractor Sues NY Condo Owner For Unpaid $4.15M

    The owner of a New York City condo improperly blamed a construction company for numerous problems on a renovation project, fired the contractor and has refused to pay it roughly $4.15 million dollars, the contractor alleged in New York state court on Wednesday.

  • August 16, 2018

    8th Circ. BNSF Ruling Clarifies Federal Preemption

    The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.

  • August 16, 2018

    Auto Software Maker Seeks Temporary Ban On Rival's Sales

    A car software company urged a Washington federal court Thursday to temporarily bar a rival from selling competing products that allegedly were made with hacked trade secrets, asserting that an anonymous informant supplied it with images and communications that back up its contentions.

  • August 16, 2018

    Dean Foods Says Ex-Chair, Gambler Owe $9.7M For Fraud

    Dean Foods Co. has asked a Texas state court to compel former chairman Thomas Davis and prominent gambler Walter “Billy” Walters to cough up over $9.7 million in costs it incurred from the pair’s insider trading scheme.

  • August 16, 2018

    La Liga, Relevent Sports Announce US Soccer Joint Venture

    Spanish soccer circuit Liga de Futbol Profesional and U.S. marketing company Relevent Sports on Thursday announced they are forming a joint venture they say will bring a regular season professional European soccer match to the U.S. for the first time.

  • August 16, 2018

    Relativity Can Sell $40M Assets And Netflix Deal To UltraV

    A New York bankruptcy judge Thursday gave film studio Relativity Media LLC permission to sell its assets — including a long-contested Netflix distribution deal — to UltraV Holdings LLC for $40 million.

  • August 16, 2018

    Finnish Co. Can't Dodge Arbitration Over Engine Failure

    A Texas federal judge has refused to break up arbitration launched by an insurer over a malfunctioning power plant engine, saying it's up to an International Centre for Dispute Resolution panel to decide whether a Finnish engine seller must arbitrate the claims.

  • August 16, 2018

    Buchalter Adds 2 Attys To Corp., Litigation Groups In LA

    Buchalter PC’s Los Angeles office has added two new attorneys as shareholders, one from Clark & Trevithick AP and one from Rimon Law, entering the firm’s corporate and litigation practice groups, respectively.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • 6 Tips For Drafting Autonomous Vehicle Contracts

    Jim Jordan

    During the past year, I have been tossed headfirst into the murky water of autonomous vehicle contract drafting, where no well-tested forms exist and negotiating parties often do not know what terms to request. But what is required more than anything is just old-fashioned, common-sense business lawyering, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.