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Commercial Contracts

  • December 7, 2018

    Telecom Contract Row Paused Pending Arbitrator Ruling

    A California federal court has paused an American IT company’s suit accusing Dutch telecom Veon Ltd. and its former Italian subsidiary, Wind Tre, of fraud, ruling that an arbitrator must determine whether the dispute should be handled through arbitration.

  • December 7, 2018

    Sports Agency's Commission Suit Moved To Va. State Court

    A Virginia federal judge on Friday remanded a suit by Paramount Sports & Entertainment Management against a former agent over commissions back to state court, ruling the agent’s employment agreement precludes the case’s removal to federal court.

  • December 7, 2018

    Door Maker Wins Price Protections After $185M Verdict

    A North Carolina-based door part supplier will have to align its prices with fluctuating input costs and share that data with its buyer to comply with findings in a $185 million antitrust verdict, a Virginia federal judge ruled Friday.

  • December 7, 2018

    Lockheed To Use Swedish Co.'s Software In $3.5B Army Deal

    Lockheed Martin has reached an agreement with IFS to use the Swedish software company's supply chain and logistics applications in its work for the U.S. Army under a roughly $3.5 billion contract to maintain training systems, according to a Thursday announcement.

  • December 7, 2018

    Pipeline Contractor Says EQT Skipped Bill On Spill Cleanup

    A pipeline construction contractor filed a lawsuit in Pennsylvania state court Thursday claiming that EQT Gathering LLC is refusing to pay a nearly $2 million bill for cleaning up another company’s spill on its construction site.

  • December 7, 2018

    Carpatsky Gets Final OK For $147M Award In Oil Deal Dispute

    A Texas federal judge has finalized his judgment confirming U.S.-based Carpatsky Petroleum Corp.’s $147 million arbitration award against Ukrainian company OJSC Ukrnafta over a soured oil and gas development deal, after allowing the latter to drop some of its remaining claims and severing the allegations it still wants to pursue.

  • December 7, 2018

    Ohio Mineral Owners Say Oil & Gas Drillers Dug Too Deep

    A group of mineral owners has filed a proposed class action in Ohio federal court that alleges an ExxonMobil unit and other companies drilled in an area they had no permission to access.

  • December 7, 2018

    7th Circ. Tosses Contract Row Over Water-Damaged Sand

    A metal flow engineering company that tried holding a contractor accountable for delivering a damaged order of sand brought its lawsuit to court too late, the Seventh Circuit has held.

  • December 7, 2018

    Genentech Asks Del. Chancery To Toss Takeda Patent Fight

    Biotech company Genentech Inc. told a Delaware vice chancellor on Friday that a lawsuit filed by Takeda Pharmaceuticals USA Inc. over disputed patent rights associated with a drug that treats ulcerative colitis and Crohn's disease should not be fought in Delaware Chancery Court.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Uber Is Impeding Arbitrations By Refusing To Pay, Drivers Say

    Thousands of Uber drivers on Wednesday accused the ride-hailing service of employing stall tactics in their bid to force the company to cover the costs of their individual arbitrations in California federal court, following recent Ninth Circuit rulings that determined such arbitrations are the only way for the drivers to resolve classification disputes.

  • December 7, 2018

    Del. Justices Uphold Fresenius' $4.3B Akorn Merger Drop

    Delaware's Supreme Court on Friday upheld a milestone Chancery Court finding that Fresenius Kabi AG had a right to terminate a $4.3 billion deal for generic-drug developer Akorn Inc., ruling less than two days after appeal arguments that Fresenius’ exit relied on defensible post-signing findings of material troubles at Akorn.

  • December 7, 2018

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

    The last week has seen an African import-export bank sue Nigerian airline Airik, Jaguar and several major insurers sue an auto shipping specialist and a Brazilian energy executive lodge a claim against a unit of Swiss bank Rothschild. Here, Law360 looks at those and other new claims in the U.K.

  • December 6, 2018

    Fla. Judge Won't Send Suit Against Auditor To Arbitration

    A Florida judge on Thursday said she would not enforce an arbitration agreement between auditor Berkowitz Pollack Brant Advisors and Accountants LLP and a paper products company that claims the auditor failed to uncover an $8 million fraud.

  • December 6, 2018

    ArcelorMittal Values South African Arbitral Award At $2.2M

    ArcelorMittal South Africa Ltd. filed a proposed order of judgment in Pennsylvania federal court Thursday, saying the value of a recently confirmed arbitration award issued against an American mill equipment maker in a dispute over a South African desulfurization plant comes to $2.2 million. 

  • December 6, 2018

    $23M Suit Over Energy Asset Sales Not Covered: 8th Circ.

    The Eighth Circuit on Thursday affirmed the dismissal of an oil services company's case against an insurer over underlying $23 million unfair-competition claims, saying a lower court was right that coverage was not available.

  • December 6, 2018

    Ex-Insight Global Employee's Suit Over Firing Remains Intact

    A California federal judge on Wednesday refused to trim a suit accusing staffing services provider Insight Global LLC of firing a former employee to sidestep about $345,000 in deferred compensation he was owed under the company's employee benefit plan and improperly pushing illegal nonsolicitation pacts on its workers.

  • December 6, 2018

    Tiffany Loses Final Dutch Appeal Of Swatch Arbitral Award

    Tiffany & Co. has failed to shake a 2013 arbitration award worth 403 million Swiss francs ($450 million at the time) issued against it in a dispute with The Swatch Group Ltd. over a soured distribution deal, with the Dutch Supreme Court rejecting the jewelry company’s efforts to annul the award.

  • December 6, 2018

    Injured Man Must Repay Litigation Funder, NY Court Says

    A New York appeals court on Thursday ordered a man who obtained a personal injury settlement to repay a $77,000 cash advance funded by a litigation finance company, saying the 46 percent interest rate and other charges were not unfair or illegal.

  • December 6, 2018

    Feds Urge Justices To Spurn Tribal Court Exhaustion Case

    The federal government has recommended that the U.S. Supreme Court reject a petition claiming Ute Indian Tribe officials tried to extort money from a business owner near the tribe’s reservation, saying there isn't any plain conflict in how state courts handle the question of when parties to litigation must exhaust their remedies in tribal court.

Expert Analysis

  • Negotiating Access To Neighboring Properties In NYC

    Jeffrey Reich

    Due to the requirements of state law and properties' close proximity to one another, the need for well thought-out agreements providing license to access adjoining properties is the rule — not the exception — in New York City, says Jeffrey Reich of Schwartz Sladkus Reich Greenberg Atlas LLP.

  • Drafting Effective Joint Bidding Agreements For PE Funds

    Sawyer Duncan

    Club deals involving one or more private equity funds are becoming increasingly popular across the market. Failure to consider the numerous unique mechanics of such deals can dramatically inhibit investors’ ability to realize value, says Sawyer Duncan of King & Spalding LLP.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • 2nd Circ. Opines On Variable Prepaid Forward Contract Gains

    Lawrence Hill

    Reversing the U.S. Tax Court, the Second Circuit recently found that the late Monster.com founder’s estate potentially owed $41 million in taxes for variable prepaid forward contract extensions and remanded calculation to the Tax Court. Lawrence Hill and Kevin Platt of Winston & Strawn LLP discuss Estate of McKelvey v. Commissioner.

  • Taberna Bankruptcy Ruling Brings Relief For CDO Investors

    James Bentley

    A New York bankruptcy court's recent dismissal of Taberna Preferred Funding's involuntary Chapter 11 case reinforces the accepted principle that contractual terms are the best means for liquidating a nonrecourse securitization vehicle — good news for those interested in the stability of the collateralized debt obligation model, says James Bentley of Schulte Roth & Zabel LLP.

  • FinCEN Tightens The Net On Illicit Real Estate Deals

    Thomas Delaney

    Geographic targeting orders released this month indicate that the Financial Crimes Enforcement Network remains concerned about money laundering risks in the real estate sector — and the anonymity of transactions that use virtual currency, say attorneys with Mayer Brown LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.