Commercial Contracts

  • March 19, 2018

    AstraZeneca Owes $192M For Cancer Drug Rights, Rival Says

    AstraZeneca owes $192 million for refusing to pay royalties for an Array cancer drug after entering an $8.5 billion collaboration with Merck to develop and commercialize the compound, according to a lawsuit removed to New York federal court Monday.

  • March 19, 2018

    Ky. Court OKs Wrongful Death Suit Over Invalid Power Of Atty

    A Kentucky appeals panel found that the son of a woman who died in a health care facility could pursue his wrongful death suit against the facility and its staff rather than being bound by an arbitration agreement because it was signed by the woman's daughter, who had no authority as her power of attorney.

  • March 19, 2018

    Firms Battle Over Repping Class In Westinghouse WARN Suit

    Two law firms are battling it out in New York bankruptcy court to see who will lead a proposed class action against Westinghouse Electric on behalf of workers laid off on short notice, with both firms trading barbs and beating their chests in an attempt to muscle out the competition.

  • March 19, 2018

    Charter Seeks End To Texas Cable Permit Dispute

    Charter Communications Inc. Monday sought a quick win in its suit over cable television franchise permit payments, telling a Texas federal judge the permits were clearly expired and unenforceable when it paid more than $12 million in royalties on the permits to a Texas family.

  • March 19, 2018

    ETE Cites Williams' 'Trash Talk' In $1.5B Fee Reargument Bid

    Pipeline giant Energy Transfer Equity urged Delaware Chancery Court on Monday to allow reargument on dismissed counterclaims that the company deserves a $1.48 billion termination fee for The Williams Companies' alleged breaches of a $38 billion merger agreement that ETE itself abandoned in 2016.

  • March 19, 2018

    Judge OKs Eagan Avenatti's Exit From Ch. 11

    A California bankruptcy judge has approved a settlement ending the bankruptcy of defunct class action law firm Eagan Avenatti LLP — owned by the attorney representing Stormy Daniels in her legal battle against President Donald Trump — that allows a former partner to collect $4.85 million to resolve his claims of allegedly unpaid fees.

  • March 19, 2018

    Teachers’ RICO Claims In Loan Fight Fall Flat: Judge

    A Pennsylvania-based student loan servicer dodged a proposed class action Monday claiming it illegally converted federal teaching grants to loans, when an Ohio federal judge found allegations under the Racketeer Influenced and Corrupt Organizations Act and for unjust enrichment fell short of pleading requirements.

  • March 19, 2018

    Honeywell Blasts $22M Suit Over Closed-Circuit Tech Support

    Honeywell International Inc. never promised ongoing technical support to a security surveillance provider for the integration of closed-circuit video monitoring systems into more digitally oriented products, making a $22 million suit against the technology giant baseless, according to a response filed Monday in Pennsylvania federal court.

  • March 19, 2018

    Rank Can't Make Alcoa Pay $10M Chilean Tax, Judge Says

    A New York federal judge ruled Monday that Alcoa Inc. shouldn’t have to foot a $10 million Chilean tax bill for Rank Group Ltd. following its $2.7 billion purchase of Alcoa’s packaging business, finding Rank incurred the tax by not paying off a loan it acquired in the deal.

  • March 19, 2018

    Insurers Keep Win In Suit Over Man Killed By Air Intake Pipe

    A New York state appeals court found Friday that a health and safety inspection company must cover the cost of a settlement in a suit over a hazard it allegedly missed that led to the death of a factory worker, despite not being the company that delivered the final report.

  • March 19, 2018

    Gas Engineering Firm Wants $9B Award Against Nigeria OK'd

    An engineering company run by two Irish nationals urged a D.C. federal court Friday to confirm a nearly $9 billion award against Nigeria stemming from the country's decision to abandon a project to build a gas-processing facility in the Nigerian coastlands, arguing the country waived any right to immunity when it agreed to binding arbitration.

  • March 19, 2018

    Land Services Co. Says Contractor Stole Its Customers

    Kastner Land Services LLC on Monday filed a lawsuit in state district court in Houston seeking more than $1 million in damages, alleging that one of its contractors surreptitiously used its proprietary software to find three potential heirs to an oil and gas lease and steal its business.

  • March 19, 2018

    Energy Cos. Seek OK Of $1B Award Against Nigeria's Oil Co.

    A Statoil unit and a Texaco unit urged a New York federal court on Friday to enforce a more than $1 billion award against Nigeria's state-owned oil company, saying a Nigerian court decision finding that the dispute was related to taxes, and therefore cannot be arbitrated, violates U.S. public policy.

  • March 19, 2018

    Miami Marlins Push For Arbitration In Suit Over $1.2B Sale

    The Miami Marlins asked a Florida federal court Friday to compel arbitration in their dispute with Miami-Dade County and the city of Miami over the governments' claims on a cut of the profits from the recent $1.2 billion sale of the Major League Baseball team.

  • March 19, 2018

    Calif. 7-Eleven Franchisees Are Not Employees, Judge Rules

    7-Eleven escaped a proposed class action from several franchisees who claimed they were misclassified as independent contractors, after a California federal judge found that the controls imposed on the franchisees did not make them employees.

  • March 19, 2018

    3rd Circ. Affirms Owens Corning Shingles Class Denial

    The Third Circuit on Monday affirmed a ruling denying class certification in a case that alleges roofing supplier Owens Corning misled consumers about the quality of shingles it sold, finding that not all of the shingles in question had the supposed defect. 

  • March 19, 2018

    Justices Asked To Hear Ute Tribal Court Exhaustion Case

    A man who part owns two businesses working with oil and gas companies near the Ute Indian tribe’s reservation and said that tribal officials tried to extort money from him has urged the U.S. Supreme Court to take up his appeal of a Utah Supreme Court ruling saying that the officials would have to face claims in tribal court.

  • March 19, 2018

    Jets Season Ticket Holder Sues Over Seat License Change

    A New York Jets season ticket holder launched a proposed class action lawsuit against the team in New Jersey state court Friday alleging its decision to sell season ticket packages that do not require corresponding personal seat licenses rendered his own PSLs meaningless.

  • March 16, 2018

    Trump Wants Stormy Daniels Fight Moved To Fed. Court

    President Donald Trump has asked a California federal court to take on Stormy Daniels’ suit over an allegedly void hush contract, as his personal attorney’s consulting company claimed she had violated the deal 20 times and could owe $20 million in damages, according to court filings Friday.

  • March 16, 2018

    Zohar Funds Say Manager's Bid To Lift Stay Isn't Urgent

    Bankrupt distressed investment vehicles the Zohar Funds hit back Friday against a bid by their collateral manager to lift the automatic litigation stay, saying the litigation it wants to move forward is not a pressing matter in the Chapter 11 cases.

Expert Analysis

  • Pitfalls To Avoid When Selecting Document Review Attorneys

    Barry Schwartz

    In the Anthem data breach settlement, U.S. District Judge Lucy Koh criticized, and will most likely strike down, contract attorney fees in the $300 to $400 an hour range. That doesn’t mean everyone should stop using contract attorneys, but it does show that there are multiple things to consider before employing a contract review team, says Barry Schwartz of BIA.

  • Unreported Claims Do Not Always Jeopardize Coverage

    Shaun Crosner

    In many cases, insureds are entitled to coverage under claims-made policies notwithstanding failure to report a prior communication, demand or proceeding. When insurers argue otherwise, their positions must be evaluated carefully in light of the law, facts and pertinent policy provisions, says Shaun Crosner of Pasich LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • How To Negotiate Wireless Infrastructure Agreements

    Walt Sapronov

    When negotiating shared wireless infrastructure contracts in large venues, sponsors should pay close attention to technology specifications, upgrades and interference protection, say Walt Sapronov and Kenneth Klatt of Sapronov and Associates PC.

  • Disclosure Schedules: Pariah Of The Purchase Agreement

    Daniel T. Janis

    One of the biggest moments in the life cycle of a company sale is when the purchase agreement gets finalized, with the client’s big cashout in sight. And then comes the big transactional buzzkill — when the deal counsel has to take a deep breath, get the client on the line, and have “the talk” about disclosure schedules, says Daniel Janis of Davis Malm & D'Agostine PC.

  • International Arbitration In 2018: A Year Of Rule Revisions

    Neil Newing

    Though still in its relative infancy, 2018 is shaping up to be a year of arbitral institution rule updates. Neil Newing and Ryan Cable of Signature Litigation LLP explore some of the more innovative and trending rule changes expected or predicted this year.

  • Lessons From Recent Developers' Win In Fla. Condo Case

    Glen Waldman

    Prive Developers prevailed in its claim against William Island Property Owners' Association by successfully showing that the stigma of litigation caused damages due to increased financing costs, additional construction costs, and additional sales and marketing costs, say attorneys with Waldman Barnett PL and Barry Mukamal of KapilaMukamal LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.