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Commercial Contracts

  • July 16, 2018

    Tainted Jalapeno Powder Caused $19M Recall, Food Co. Says

    An Illinois-based natural food ingredient sourcer slapped China-based Shanghai Pecenp International Co. with a lawsuit Friday, saying the company’s salmonella-contaminated jalapeno powder caused Frito-Lay to recall its products and lose $19.8 million.

  • July 16, 2018

    HKIAC Teams Up With Mongolian Arbitration Center

    The Hong Kong International Arbitration Center has entered into a cooperation agreement with the Mongolian International and National Arbitration Center, increasing connections between the organizations as Mongolia sees a growth in investment from China’s Belt and Road Initiative, a statement from the center said.

  • July 13, 2018

    Two Zeneca Defenses Nixed In $275M Chancery Drug Dispute

    Zeneca Inc. on Friday lost two of 10 affirmative defenses claimed in a Chancery Court battle over $275 million in cancer drug trial "milestone" payments sought by a merger partner, with a Delaware vice chancellor saying the case nevertheless still appears headed to trial.

  • July 13, 2018

    Contractor Can't Duck WARN Suit In Nuke Plant Shutdown

    A South Carolina federal judge Friday rejected a Fluor Corp. attempt to escape a suit alleging that it failed to give workers sufficient Worker Adjustment and Retraining Notification Act notice before a Westinghouse Electric Co. nuclear reactor project shut down last year.

  • July 13, 2018

    Mass. Dentist Says 1st Circ. Uber Ruling Applies In Yelp Row

    A Massachusetts dentist suing Yelp Inc. for deceptive trade practices leaned Friday on a weeks-old First Circuit decision rejecting the legality of Uber’s “barely visible” terms-and-conditions button, saying Yelp’s terms-and-conditions link on its phone application was similarly inconspicuous.

  • July 13, 2018

    Qualcomm Says Buyers Have No Say In IPhone Import Row

    Smartphone consumers pursuing antitrust multidistrict litigation over Qualcomm’s patent licensing practices can’t block the chipmaker from trying to force Apple to only import iPhones with Qualcomm chipsets, Qualcomm told a California federal judge Thursday, arguing the import matter is totally unrelated.

  • July 13, 2018

    Spine Surgery Co. Says Competitor Claims Belong In Calif.

    Spinal surgery center Alphatec Spine Inc. said in a brief made public Friday that claims over its hiring of a former employee of a competitor brought by that competitor in Delaware Chancery Court should be litigated in California state court because that is where both companies are based and where the conduct at issue occurred.

  • July 13, 2018

    5th Circ. Scraps Dealership’s Nearly $1M Win Against Jaguar

    The Fifth Circuit on Friday threw out a nearly $1 million award in favor of a Texas dealership that had sued Jaguar alleging it improperly reclaimed cash the dealer earned under a sales incentive program, saying the lower court granted the dealership an early win before it had jurisdiction to do so.

  • July 13, 2018

    Stinson Leonard Street Adds Construction Pro In Kansas City

    A veteran attorney in all aspects of the construction industry has joined Stinson Leonard Street LLP in the firm’s Kansas City office after spending more than 30 years at Lathrop & Gage LLP.

  • July 13, 2018

    Romania Says It Already Paid Outstanding $250M Award

    Romania urged a D.C. federal judge not to confirm a $250 million arbitral award issued against the country to two Swedish food industry investors, saying it satisfied the amount in controversy years ago by relieving the food companies of their Romanian debts and paying the firms through a government-approved treasury account.

  • July 13, 2018

    Gas Driller Says Blackstone Unit Abused First Refusal Right

    An oil and gas driller has accused a midstream energy company owned by Blackstone Group LP of abusing the right of first refusal in a gas processing agreement by drawing out the process so it could edge out a competitor for the driller’s business.

  • July 13, 2018

    Bloomberg Says UBS Misused Proprietary Data

    Bloomberg Finance LP hit UBS AG with a suit in New York federal court Thursday accusing the bank of violating an agreement that bars it from redistributing proprietary data through its portfolio analysis and risk management software.

  • July 13, 2018

    Tribunal Finds Gas Pact Valid, But Orders Termination

    A Stockholm arbitral tribunal has rejected a Ukrainian natural gas producer’s claims that its joint activity agreement with a Swedish oil and gas company was invalid due to corruption, but held that the pact must be terminated anyway because it is no longer worthwhile after the Ukrainian government imposed increased royalties.

  • July 13, 2018

    Northstar Sues Tana For Contract Breach In Oil Asset Sale

    Northstar Offshore Ventures LLC has accused another oil and gas company of breaking a contract to sell its assets, alleging that Tana Exploration Company LLC delayed obtaining Bureau of Ocean Energy Management approval to gain leverage in the deal.

  • July 12, 2018

    Big3 Co-Founder Says Ex-Exec Funded App Through Fraud

    The co-founder of Ice Cube’s three-on-three basketball league has accused its former commissioner of fraud in California state court on Thursday, accusing Roger Mason of "sadistically preying" on his friends and the league’s players to raise $2.4 million for an app that’s in a "death spiral to inevitable financial ruin."

  • July 12, 2018

    Netflix Says Relativity Can't Shift Their Deal To Buyer

    Netflix on Wednesday asked a New York bankruptcy court to stop bankrupt film studio Relativity Media from passing on its Netflix production deal with its proposed asset sale, saying the proposed buyer had not proved it would be able to perform under the contract.

  • July 12, 2018

    49ers Dispute Need For New Stadium Inspection In ADA Suit

    The San Francisco 49ers have urged a California federal judge to reject stadiumgoers' latest demand in a proposed Americans with Disabilities Act class action to inspect how the team sets up security checkpoints and entrances at its home venue, arguing they had ample opportunity to inspect the stadium earlier this year.

  • July 12, 2018

    Union, Funds Want $2.4M Award Against Contractor Upheld

    A carpenters union, a related nonprofit and a group of funds have urged a New York federal court to uphold a more than $2.43 million arbitration award in their favor against a New Jersey general contractor over deficient contributions.

  • July 12, 2018

    Nigerian Oil Co. Gets Breathing Room In $1.8B Award Row

    A New York federal judge held Thursday that a Nigerian state-owned oil company has until late July to turn over documents about a bank account it purportedly used that was recently discovered by Exxon Mobil and Shell subsidiaries in their attempt to enforce a $1.8 billion arbitration award against the company.

  • July 12, 2018

    Cattle Co. Gets $115K In Attys' Fees In Koch Ranch Row

    A Texas federal judge on Thursday, in what he called a “complex and contentious case,” awarded another $115,000 in attorneys’ fees to Texas-based HeartBrand Beef Inc. in its long-running dispute with a ranch owned by billionaire Bill Koch over who had the rights to sell the company’s specialty Japanese cattle.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Claims Trading Lessons From Delaware Bankruptcy Court

    Michael Rupe

    The Delaware bankruptcy court's opinion last month in Woodbridge serves as a cautionary reminder that policy preferences for free claim assignability do not serve to nullify properly drafted anti-assignment provisions, say attorneys with King & Spalding LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Managing The Risks Of Emerging Construction Technologies

    Gary Brown

    As buildings incorporate increasingly advanced features, the risks associated with technology failures — and resulting defect claims against those involved in the buildings' design and construction — become greater. Owners and contractors presenting these technologies to end users should explore nontraditional approaches in contracts and insurance to better mitigate these risks, says Gary Brown of Saul Ewing Arnstein & Lehr LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.