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Commercial Contracts

  • December 13, 2018

    Vereit Insurers Must Cover SEC Probe, Class Action Costs

    A Delaware state court judge has ruled real estate trust Vereit Inc.'s insurers must cover the costs the company's investment manager incurred defending against an investor class action and a U.S. Securities and Exchange Commission probe aimed at both companies.

  • December 13, 2018

    Biotech Co. On Hook For $3.6M Int'l Arb. Judgment, Court Told

    A trading firm asked a New York federal court on Tuesday to enforce a $3.6 million international arbitration judgment against a biotechnology company that reneged on a financial arrangement.

  • December 13, 2018

    MiMedx Dodges Rival's $6.8M Trade Secret, Breach Suit

    A Maryland federal judge has tossed claims brought by regenerative medicine company Osiris Therapeutics Inc. that its rival MiMedx Group Inc. breached a contract and stole trade secrets when the company acquired Osiris’ former distributor, holding that the court lacked jurisdiction to hear the lawsuit.

  • December 13, 2018

    China's 'Steve Jobs' Risks Losing Calif. Property Over Loan

    Chinese tech magnate Jia Yueting could have more than $11 million of his U.S. properties seized after a Shanghai-based company asked a California federal court to enforce the decision of a Beijing arbitration committee that ordered Jia to make good on a multimillion-dollar loan.

  • December 13, 2018

    8th Circ. Won't Revive ND Landowners' Pipeline Fraud Suit

    The Eighth Circuit on Thursday upheld a district court’s decision to toss a suit by North Dakota landowners claiming Dakota Access LLC made misrepresentations to them while negotiating easements for its pipeline, agreeing with the lower court that the landowners hadn’t met the heightened pleading standard for fraud claims.

  • December 13, 2018

    British Court Upholds Operation Car Wash Scandal Fee Award

    A British judge on Thursday upheld arbitration awards forcing a Brazilian entity whose owner was convicted of bribery in connection with the Operation Car Wash scandal to return consulting fees paid by a Marshall Islands drilling contractor whose business relationships imploded as a result of the scheme.

  • December 13, 2018

    Engineering Firm Hit With $21M Suit Over Terminal Project

    A company formed as a partnership between Kinder Morgan Energy Partners LP and Watco Companies LLC to get into the crude shipping business has filed a lawsuit in Texas state court, seeking more than $21 million in damages stemming from the allegedly faulty design and construction of a crude-by-rail terminal.

  • December 13, 2018

    Airline Seat Trial Jury Quit Too Fast, Sabre Tells 2nd Circ.

    Jurors who awarded US Airways $15 million after finding that trip-planner Sabre Inc. restrained trade by forcing unfavorable contract terms on the airline wanted to go home after an eight-week trial and gave short shrift to a key question about market definition, a lawyer for the losing side told the Second Circuit on Thursday.

  • December 13, 2018

    Locke Lord Accused Of Missing Health Plan's ERISA Liability

    The independent fiduciary for a failed health benefits plan accused Locke Lord LLP in a complaint filed in Illinois federal court of providing faulty legal advice that ultimately helped to spell the plan’s doom.

  • December 12, 2018

    Mercedes-Benz Can Remand Antitrust Row Against Shippers

    A New Jersey federal judge Wednesday approved Mercedes-Benz USA LLC’s bid to remand to state court its antitrust suit alleging international shipping companies conspired to fix prices, rejecting their stance that the Shipping Act provided for federal jurisdiction since that statute does not allow such claims to be originally filed in federal court.

  • December 12, 2018

    8th Circ. Won't Revive Express Scripts Breach, Antitrust Suit

    The Eighth Circuit on Wednesday summarily shot down a New York pharmacy’s bid to revive its breach of contract and antitrust suit against Express Scripts Holding Co.

  • December 12, 2018

    It's Too Early To Say Doc Is Dodging Fees, Fla. Court Tells Atty

    A Florida appeals court on Wednesday dismissed the appeal of a trial court order ending an attorney’s claims against his former client, a Miami-area chiropractor, whom the attorney claims settled on his own with an insurer to circumvent the lawyer’s right to fees.

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    Ex-NFLer Fights 'Frivolous' Sanctions Bid In Home Build Suit

    A former New England Patriots linebacker urged a Massachusetts federal court Tuesday to ditch a bid for sanctions against him and his wife by a company accused of failing to build his dream house, saying the motion is a "frivolous" attempt to block testimony from key players in the breach-of-contract and copyright case.

  • December 12, 2018

    La. Shipyard Labor Contractors Fined In Employment Bias Suit

    A pair of Louisiana shipyard labor contractors were slapped with an $857,868 civil penalty for discriminating based on citizenship in their employment practices, the U.S. Department of Justice said on Tuesday.

  • December 11, 2018

    ZeniMax, Oculus End Appeals Of $304M IP Judgment

    ZeniMax Media Inc. and Oculus VR LLC announced Monday they settled their cross-appeals in the Fifth Circuit stemming from disputes that led to a final judgment of $304 million in favor of ZeniMax after a jury found that Facebook-owned Oculus infringed its virtual reality intellectual property.

  • December 11, 2018

    Barclays Prevails In Hedge Fund's Breach-Of-Contract Suit

    More than a year after taking the matter up in a bench trial, a Manhattan judge has found in favor of Barclays PLC in a decade-old suit brought by a unit of hedge fund Black Diamond Capital Management LLC over whether the bank defaulted on a derivatives contract in the height of the 2008 financial crisis.

  • December 11, 2018

    Houston Attys Agree On How To Split $12M Arbitration Row

    A settlement between three law firms — two with Houston ties — jockeying for their share of winnings from a $12 million settlement reached in February in a dispute between Universitas Education LLC and Wilmington Savings Fund Society FSB over the fund's alleged mismanagement of a trust has been approved by a federal judge in Virginia.

  • December 11, 2018

    Stormy Daniels Owes Trump Attys $300K In Fees, Sanctions

    Stormy Daniels must pay President Donald Trump's attorneys approximately $300,000 in fees, costs and sanctions, which was less than half of what they originally sought, a California federal judge ordered Tuesday following the dismissal of the adult film star's defamation suit against the president.

  • December 11, 2018

    Cotton Trade Group Says Indian Co. Owes $3.3M

    An American cotton trade group has asked an Arizona federal court to confirm that an Indian yarn spinner owes the group nearly $3.3 million under an arbitration award stemming from the foreign company’s unsuccessful competition and contract claims.

Expert Analysis

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Randy Maniloff

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff visits him to learn more.

  • Contract Provisions Can Indemnify A Contractor's Negligence

    Keith Broll

    Recent case law shows that some indemnity provisions are enforceable even if a contractor is found to have been negligent or at fault. Contractors should carefully consider any language that may contractually shift liability for their own negligence to other parties, says Keith Broll of Becker & Poliakoff PA.

  • Recent Trends In Intercreditor Agreements

    Excerpt from Lexis Practice Advisor
    Bruce Cybul

    In the current commercial real estate market, mortgage lenders' cautious approach should continue to provide mezzanine lenders with ample opportunities. By maintaining an important role in transactions, mezzanine lenders can gain more leverage when negotiating intercreditor agreements, say attorneys at Schulte Roth & Zabel LLP.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Employee Arbitration Agreements In NJ Face New Hurdles

    Benjamin Teris

    New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.

  • Opinion

    Amrock Appeal Of Trade Secret Verdict Is No Surprise

    Thomas Hodge

    Last month, Amrock appealed a curious verdict that awarded contract breach defendant HouseCanary $706 million on a trade secret counterclaim. There are several factors that should cause one to raise an eyebrow over this initial outcome, says Thomas Hodge of Brock and Scott PLLC.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Key Choices For Investors Under New Partnership Audit Rules

    Brad Wagner

    For 2018 returns, partnership tax audit adjustments will be assessed at the partnership — not the partner — level, causing a potentially inequitable result in the typical foreign blocker structure. The IRS has issued favorable, albeit complex, regulations to address this scenario, says Brad Wagner of Wagner Duys & Wood LLP.

  • 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.