Commercial Contracts

  • February 22, 2018

    Qualcomm Blasts FTC's Special Master Bid In Antitrust Suit

    Qualcomm Inc. slammed the Federal Trade Commission’s request to have a special master appointed in an antitrust suit over the company’s licensing practices for standard-essential patents on Wedesday, telling a California federal judge that such a move would only complicate discovery proceedings set to close next month.

  • February 22, 2018

    Judge OKs $9.3M Settlement In Ambit Rate-Hike Suit

    A Pennsylvania federal judge on Thursday greenlit a $9.3 million settlement of a proposed class action claiming an Ambit Energy Holdings LLC unit jacked up customers' rates after luring them into switching energy providers with promises of lower prices, a suit the Third Circuit revived after it was originally dismissed.

  • February 22, 2018

    Judge Tells Marlins To Cough Up Financial Info On $1.2B Sale

    A Florida judge sided with Miami-Dade County Thursday in its dispute with the Miami Marlins, ruling that the team breached a 2009 contract for public financing of its stadium and ordering the Marlins to share with the county detailed financial information from their recent $1.2 billion sale.

  • February 22, 2018

    Mexican Real Estate Co. Wants $15M Factory Suit Back In US

    A Mexican industrial real estate buyer urged the Ninth Circuit on Wednesday to revive its suit accusing a Los Angeles private equity firm of concealing certain circumstances surrounding the sale of a $15 million manufacturing facility, saying an order sending the dispute to arbitration in Mexico has left it without a remedy.

  • February 22, 2018

    Condo Owners Want $1.6M Costa Rican Award Enforced

    Unit owners in a Costa Rican luxury condo development stood behind their request to confirm a nearly $1.6 million arbitral award against the resort’s developer Wednesday, contending that an Arizona federal court can enforce the award even though it was annulled by the Central American country’s Supreme Court.

  • February 22, 2018

    Trump Hotel Cos. Want Unit Owners To Arbitrate Panama Row

    Two Trump hotel management companies urged a New York federal court to keep alive their arbitration claims alleging that the owners of units in a Trump-branded Panamanian hotel unfairly ousted them from a hotel management contract, arguing that the parties agreed to binding international arbitration.

  • February 22, 2018

    6th Circ. Hands Union Win In Dues Checkoff Case

    The Sixth Circuit ruled Thursday that a United Food & Commercial Workers International Union local acted properly when it kept collecting union dues from two members who failed to follow proper procedures for rescinding the authorization they gave to have those dues deducted from their paychecks.

  • February 22, 2018

    Olshan Frome Adds Ex-Miller & Wrubel Securities Pro

    A former Miller & Wrubel attorney whose work has included representing funds in two multibillion-dollar settlements over residential mortgage-backed securities with Bank of America and JPMorgan Chase has joined Olshan Frome Wolosky LLP.

  • February 21, 2018

    10th Circ. Backs Hess, Statoil Wins In Drilling Deals Row

    The Tenth Circuit on Wednesday affirmed the dismissal of a pair of energy companies' breach of contract and tort claims against units of Statoil ASA and Hess Corp. that sought hundreds of millions of dollars in damages over conflicting agreements to drill for oil and gas in North Dakota.

  • February 21, 2018

    Electric Car Co. Says Rival Must Arbitrate Trade Secret Spat

    Evelozcity Inc. urged a California federal court Tuesday to force rival electric vehicle company Faraday & Future Inc. to arbitrate its allegations that Faraday’s ex-CEO poached employees who exited with intellectual property, saying Faraday has “restyled” a breach of contract claim into trade-secret litigation against his new company.

  • February 21, 2018

    Texas Court Affirms $288M Judgment Against Credit Suisse

    A Texas state appellate court upheld on Tuesday a $287.5 million breach of contract award against Credit Suisse Securities USA in favor of a Highland Capital Management LP subsidiary over a bungled land appraisal ahead of a 2007 Las Vegas real estate deal.

  • February 21, 2018

    Sidley Austin Adds Ex-Winston & Strawn Global Finance Atty

    A financing specialist with experience working on bankruptcies and restructurings has left Winston & Strawn LLP to join Sidley Austin LLP as a partner in its Chicago office, the firm announced Wednesday.

  • February 21, 2018

    Jessica Alba’s Honest Co. Hit With $8.5M Contract Suit

    The Honest Co. Inc., the household products line co-founded by actress Jessica Alba, has been hit by a suit in California state court claiming it owes a sales and marketing agency more than $8.5 million for selling unnecessary and expired products and abruptly canceling a Canadian distribution agreement.

  • February 21, 2018

    Ousted Host Says PBS Used Harassment As Pretext For Firing

    Nighttime talk show host Tavis Smiley accused PBS on Tuesday of using unsubstantiated workplace sexual harassment claims as a pretext for dropping his show from its lineup, saying in a Washington, D.C., lawsuit that the public broadcaster unfairly forced him out without a real investigation.

  • February 21, 2018

    Ex-Boston Guitarist Asks 1st Circ. For Redo In Bandmate Row

    A former guitarist for the band Boston urged the First Circuit on Tuesday to revive his breach of contract and abuse of process allegations against the band’s founder, as well as his bid for hundreds of thousands of dollars in costs and attorneys' fees, in their protracted dispute over use of the band's name, among other things.

  • February 21, 2018

    Westinghouse Cleared To Solicit Votes On Ch. 11 Plan

    Westinghouse Electric Co. LLC received approval Wednesday from a New York bankruptcy court to distribute its restructuring plan solicitation materials to creditors, keeping the distressed nuclear technology and contracting giant on track to confirm its plan by the end of March.

  • February 21, 2018

    Express Scripts Beats NY Pharmacy's Antitrust, Contract Suit

    A Missouri federal judge on Wednesday dismissed a New York pharmacy’s antitrust and breach of contract suit accusing Express Scripts Inc. of baiting it into a mail-order contract only to drop the deal months later, finding the relationship between the two was limited to retail-pharmacy business.

  • February 21, 2018

    'Convoluted' Construction Loan Row Remanded Again

    A New Jersey appellate court on Wednesday for the second time sent back to trial court a “convoluted” dispute over construction and development loan payments and two foreclosed properties, saying that the lower court still had not fully clarified the value of the properties or why it considered some of the evidence “incompetent.”

  • February 21, 2018

    Huawei Fights Samsung Bid To Block China Patent Injunction

    Huawei Technologies Co. on Tuesday slammed Samsung's bid to block an injunction issued in China last month barring the South Korean company from selling smartphones that infringe two Huawei patents, calling Samsung's request to a California federal judge “extraordinary.”

  • February 21, 2018

    3rd Circ. Ruling Can't Doom Venezuela Case, Oil Giant Says

    ConocoPhillips Co. and subsidiaries of Venezuela's national oil company clashed on Tuesday over the effect of a recent Third Circuit ruling preventing the Delaware subsidiary of Venezuela's national oil company from being sued to collect a $1.39 billion arbitral award, with the parties at odds over whether the decision means their dispute over the country’s seizure of oil project assets must be dismissed or simply restarted. 

Expert Analysis

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor
    Tolin_David.jpg

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • Opinion

    ALI Insurance Restatement Oversteps Its Boundaries

    Phil Graham

    The American Law Institute's draft Restatement of the Law of Liability Insurance may significantly influence the cost of liability insurance. If the restatement is approved, a small group of unelected people will be responsible for enacting far-reaching changes impacting the insurance industry, say Philip Graham and Cody Hagan of Sandberg Phoenix & Von Gontard PC.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • 4 Ways Blockchain Will Transform The Insurance Industry

    Daniel Marvin

    Blockchain holds huge potential for the insurance industry, enabling the use of smart contracts as well as new methods of fighting insurance fraud and keeping records. It may be some time before the technology is widely adopted, but insurers should consider getting ahead of the curve now, says Daniel Marvin of Morrison Mahoney LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • ‘Home Country’ Arbitration Clauses — Worth The Trouble?

    Timothy Nelson

    Although the varying approaches by two circuit courts in the cases of Bamberger Rosenheim v. OA Development and Polimaster v. RAE Systems might be explained by differently worded clauses, the outcomes nevertheless show that court interpretations of “home country” clauses can be difficult to predict, say partners with Skadden Arps Slate Meagher & Flom LLP.