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Commercial Contracts

  • July 20, 2018

    John Hancock Signs $91M Deal To End Life Insurance Row

    John Hancock Life Insurance Co. agreed to pay more than $91 million to end a proposed class action alleging the company was jacking up life insurance policy rates by using the wrong mortality rate calculations, according to filings Friday in New York federal court.

  • July 20, 2018

    Weinstein Judge Lets 'Children Of The Corn' Suit Go Ahead

    A Delaware bankruptcy judge on Thursday lifted a Chapter 11 stay clearing the way for a movie producer to resume his lawsuit in California federal court against The Weinstein Co. disputing sequel, remake and spinoff rights to the 1984 horror film “Children of the Corn.”

  • July 20, 2018

    Atty Sues NJ Firm Over Fees In Legal Malpractice Action

    An attorney has slammed a New Jersey firm with a state lawsuit accusing it of violating a deal that entitles her to half of the legal fees recovered in a malpractice action against another lawyer over his handling of an employment discrimination case.

  • July 20, 2018

    9th Circ. Says Ore. County Can’t Collect $2.3M Defect Award

    An Oregon county can’t sue a subcontractor’s insurers to help pay for a damaged bridge, the Ninth Circuit affirmed Friday, finding that the insurance arrangement spelled out in the subcontractor’s work agreement is strictly verboten under Beaver State law.

  • July 20, 2018

    Pharma Co. Can Peek At Just 1 Email In Cancer Research Suit

    A New Jersey federal judge on Friday denied most of a biopharmaceutical company’s bid to access more than 170 emails by a cancer researcher it claims stole proprietary materials relating to an antibody, but agreed to unshield one message between the researcher and an executive of another biopharmaceutical firm.

  • July 20, 2018

    NJ Contractor, Developer Hit With $3.8M Payment Suit

    A New Jersey general contractor and a developer owe Dobrinski Brothers Inc. $3.76 million for work done on an excavation contract on a project in Newburgh, New York, the Pennsylvania contractor alleged in federal court Thursday.

  • July 19, 2018

    Carpenter Can't Save NGO Boss From FCPA Case

    A New York federal judge on Thursday rebuffed a bid by the head of a Chinese nongovernmental organization to parlay the U.S. Supreme Court’s recent Carpenter ruling into the suppression of evidence in his Foreign Corrupt Practices Act case, and further refused to dismiss the criminal action in its entirety.

  • July 19, 2018

    Hernia Mesh Maker Takes IP Suit Coverage Row To 3rd Circ.

    Tela Bio Inc. on Thursday urged the Third Circuit to revive its bid to force a Chubb Ltd. insurer to cover its costs to defend against a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp. over a hernia treatment product, saying a lower court applied the wrong state’s law to the dispute and ignored potentially covered defamation claims in LifeCell’s complaint.

  • July 19, 2018

    Philips Accused Of Patent ‘Holdup’ In Cell Tech Antitrust Suit

    A Swiss tech company slapped Philips with an antitrust lawsuit Thursday in California federal court, claiming the Dutch multinational reneged on its pledges to license its standard-essential cellular technology patents on fair, reasonable and nondiscriminatory terms.

  • July 19, 2018

    Big3 Hearing Gets Heated As Ex-Commish Calls For Sanctions

    A hearing on Big3’s motion to prevent ousted ex-commissioner Roger Mason from selling his shares of the three-on-three basketball league quickly devolved into a shouting match Thursday, as counsel for Mason accused Big3’s lawyers of lying to the court, wasting its time and then backing out like “cowards.”

  • July 19, 2018

    Toys R Us Inks $180M Creditor Deal To Ease Wind-Down

    Toys R Us on Tuesday told a Virginia bankruptcy court that it has reached a settlement with the holders of the majority of its U.S. debt that will guarantee $180 million for administrative claim holders and smooth the way to its Chapter 11 liquidation.

  • July 19, 2018

    Trucking Co. Cannot Force Arbitration, High Court Told

    Truck driver Dominic Oliveira urged the U.S. Supreme Court on Wednesday to reject New Prime Inc.’s bid to have the justices compel arbitration in his class action alleging the trucking company failed to pay independent contractor truck-driver apprentices a proper minimum wage, insisting the Federal Arbitration Act doesn’t apply here.

  • July 19, 2018

    Tendyne Investors Sue Abbott Over $50M Merger Bonus Miss

    Former stockholders of Minnesota-based Tendyne Holdings Inc. sued Abbott Vascular Inc. for breach of a $225 million merger contract Thursday, accusing the latter in a federal lawsuit in Delaware of bungling or scuttling a heart valve development goal worth up to $50 million to the former's investors.

  • July 19, 2018

    Junior Tennis Star Asks Fla. Court To Void Agent Contract

    Up-and-coming American tennis player Alexa Noel has asked a Florida state court to let her out of a lifetime player representation agreement with a Bahamas-based company, arguing the company did not follow the proper steps in finalizing the deal as required because she was a minor when she signed it.

  • July 19, 2018

    Virtual Coin Owners Seek Cert. Against Currency Exchange

    An investor suing virtual currency exchange Vircurex for allegedly freezing thousands of accounts due to impending insolvency asked a Colorado federal court on Wednesday for class certification.

  • July 18, 2018

    Ex-Commish Hits Back Against Big3's 'Desperate' Suit

    Roger Mason, the ousted ex-commissioner of Ice Cube’s Big3 basketball league, hit back on Tuesday against a suit Big3 filed to prevent him from selling his stake in the league, calling it a “desperate,” bare-knuckled tactic to keep him from paying his lawyers as he fights off the league’s “smear campaign.”

  • July 18, 2018

    BladeRoom Wants Emerson IP After $30M Trade Secrets Win

    BladeRoom Group Ltd. urged a California federal judge Wednesday to block Emerson Electric Co. from peddling data center components created using its stolen trade secrets and reassign a patent related to the building technology on top of the $30 million verdict it won at trial.

  • July 18, 2018

    Lehman Can Enforce Unsigned Deal In 'Close Case': 2nd Circ.

    In a “close case,” the Second Circuit on Wednesday rejected an effort by Shinhan Bank to slip an unsigned settlement it reached with Lehman Brothers Holdings Inc., saying some factors weighed against enforcing the deal but that the weight of the evidence cut in favor of Lehman’s position.

  • July 18, 2018

    Groupon Bilked Boat Co. By Lying About Refunds, Suit Says

    A Chicago boat rental company has sued Groupon Inc. in Illinois state court, accusing the company of running a multiyear scheme to defraud it out of nearly $360,000 in sales by falsely claiming to have refunded customers for thousands of rental vouchers.

  • July 18, 2018

    Pa. Justices Won't Extend UPMC, Highmark Medicare Deal

    The Pennsylvania Supreme Court on Wednesday overturned a decision that would have required the University of Pittsburgh Medical Center to continue providing in-network rates to Medicare Advantage subscribers with Highmark Inc. beyond the expiration date of a state-brokered consent decree between the two rivals.

Expert Analysis

  • Ensure All Relevant Parties Sign Arbitration Agreement

    Michael Cypers

    A California appellate court's decision in Benaroya v. Bruce Willis is one of several recent decisions teaching that if you want the ability to arbitrate against the key individuals in your counterparty, those individuals should be signatories to the arbitration clause in the underlying deal documents, say Michael Cypers and Michael Gerst of Glaser Weil Fink Howard Avchen & Shapiro LLP.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Beware Processors As Co-Controllers Under GDPR

    Cynthia Cole

    Contracts between controllers and processors should require the data processor to act solely upon the controller's instructions and to take appropriate measures to keep the personal data secure. What is very different under the EU General Data Protection Regulation is that processors now have direct responsibilities and obligations, outside the terms of the contract, says Cynthia Cole of Baker Botts LLP.

  • ADR And The Solomonic Solution

    Gary Birnberg

    Is mediation an exercise in baby-splitting? I argue that it is not. Tactical positioning, available resources, psychological considerations, and internal value and risk analysis all conspire to create a dynamic in which a Solomonically even split is not a realistic solution, says Gary Birnberg of JAMS.

  • 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.