Commercial Contracts

  • June 01, 2020

    Schiff Hardin Didn't Breach Contract With Former Partner

    Schiff Hardin LLP didn't breach an express or implied contract with a former partner by refusing to pay him more for the years he was receiving disability payments following a cancer diagnosis, an Illinois appellate court has said, affirming an arbitration award in favor of the firm.

  • June 01, 2020

    Law Firm Seeks To Trim Insurance Co.'s Data Breach Suit

    A Kansas City personal injury firm being sued by former client Hiscox Insurance for allegedly mishandling a cyberattack argued on Monday that the novel case should be chopped down to a single legal malpractice claim.

  • June 01, 2020

    Texas Energy Co. Beats 'Hazy' Trade Secrets Claims

    A digital marketing company has repeatedly failed to show its trade secrets were stolen by an energy company that had licensed its software or that its information ever qualified as trade secrets, an Illinois federal court ruled Sunday.

  • June 01, 2020

    Texas Energy Co. Gets $1M Award From Profits Row OK'd

    A federal court has confirmed a Texas energy company's 5.8 million Brazilian real (roughly $1 million) victory in arbitration over misappropriated profits following a sale agreement. 

  • June 01, 2020

    Gov't Hoops Trial Witness Wants Out Of Adidas Civil Claims

    A financial manager who made an illicit payment to the father of a former University of Louisville basketball recruit and was a key government witness in a criminal case over the scheme urged a South Carolina federal court to toss related civil racketeering claims by Adidas in a lawsuit claiming the payment tanked the recruit's college basketball career.

  • June 01, 2020

    Pierce Bainbridge Funder Says Firm Defaulted On Debt

    Litigation funder Virage Capital Management claims Pierce Bainbridge has defaulted on debt the ailing law firm racked up over the past year, estimated by current and former attorneys at $65 million, as Virage bids to block a competing creditor from collecting on a much smaller debt in Texas state court.

  • June 01, 2020

    Texas Panel Says Contract Talks Aren't Protected Free Speech

    Investment company United Development Funding LP can't escape a Texas developer's $10 million business interference lawsuit under a state free speech protection law because communications about the developer's contracts don't address a public concern, a Texas appellate panel ruled.

  • June 01, 2020

    Feds Sue Contractor For False Claims On NJ Turnpike Project

    The U.S. government has sued a construction company and accused it of violating the False Claims Act by claiming to work with businesses run by socially and economically disadvantaged individuals during its time as a subcontractor on a New Jersey Turnpike project.

  • June 01, 2020

    Perkins Coie Adds M&A Partner To Burgeoning Texas Team

    Perkins Coie LLP added an experienced attorney to its corporate and securities practice from K&L Gates LLP in Dallas last week, adding to its expanding Texas operations.

  • June 01, 2020

    Justices Won't Take AT&T, Comcast Arbitration Fight

    The U.S. Supreme Court won't take up AT&T and Comcast's efforts to force two separate consumer disputes into arbitration, according to orders released Monday.

  • June 01, 2020

    Coronavirus Q&A: Goulston Real Estate Leaders

    In this edition of Coronavirus Q&A, two of Goulston & Storrs' real estate leaders discuss the challenges of reopening in Boston and beyond, and note that trouble could be looming later this year for the multifamily sector.

  • May 29, 2020

    Pierce Bainbridge Calls Interim Class Lead Bid Premature

    Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    U.S. Bank Fights Commerzbank's Redo Bid In RMBS Suit

    U.S. Bank NA shot back at Commerzbank's bid to reconsider a court order trimming the German bank's suit over U.S. Bank's stewardship of pre-crisis residential mortgage-backed securitization trusts, telling a New York federal court that its ruling resolved several issues and needs "no epilogue."

  • May 29, 2020

    'Storage Wars' Star Loses Fight Over Public Storage Bounty

    "Storage Wars" reality show star David Hester lost his latest battle Thursday with Public Storage over the chain's efforts to rescind his bounty from a $12,000 auction, after a California appeals court affirmed a finding that Public Storage properly voided the sale under contracts Hester signed.

  • May 29, 2020

    AdventHealth Sues Attorney Over Failed $57.5M Masks Deal

    Adventist Health System says a California attorney and a company that failed to deliver on a $57.5 million deal for 10 million N95 masks have refused to return $2 million in escrow funds even though the deal fell apart, according to a suit filed Friday in Florida.

  • May 29, 2020

    Texas Justices To Consider Royalty Clause Dispute

    The Texas Supreme Court on Friday agreed to review an oil and gas developer's dispute with royalty owners over whether the company can charge them for post-production costs.

  • May 29, 2020

    DOJ, Doormaker Defend Private Tie-Up Challenges At 4th Circ.

    The importance of private litigants to U.S. antitrust enforcement was a significant part of oral arguments on Friday, as the U.S. Department of Justice and a doormaker urged the Fourth Circuit not to upend a first-of-its-kind divestiture order against a rival company.

  • May 29, 2020

    Columbia Care Accused Of Plot To Steal Fla. Pot License

    Cannabis industry juggernaut Columbia Care is facing a lawsuit in New York state court over claims it conspired to steal a Florida medical marijuana license from the company that applied for it.

  • May 29, 2020

    Hotel Biz Can't Upend $296M Award In Casino Contract Fight

    A Singaporean court rejected the latest efforts by hotel company Bloomberry Resorts Corp. to dodge an arbitration tribunal's ruling that it owes $296 million to a casino management company it wrongly ousted from a deal to manage its $1.2 billion Solaire Resort & Casino in the Philippines.

  • May 29, 2020

    Pet Products Maker Accused of Monopolizing Online Market

    Pet products maker Ceva Animal Health LLC was hit with an antitrust lawsuit from a former distributor, which claimed the company wrongfully obtained more than 75 percent of the online market for pheromone-based pet behavior products by intentionally damaging pet store sales and undercutting its erstwhile partner for online sales.

  • May 29, 2020

    Lye Makers Want Out Of National Consolidated Antitrust Suit

    Lye makers who stand accused of working together to inflate the price of their caustic product have a laundry list of reasons they think the freshly consolidated antitrust suit against them dissolves under scrutiny.

  • May 29, 2020

    Farmers Want To Delay Peanut Price-Fix Trial Over COVID-19

    Farmers and companies suing three of the largest players in the U.S. peanut shelling industry are asking a Virginia federal judge to postpone the start of their mid-January price-fixing trial for at least four months, citing coronavirus-related discovery challenges and an overlap with another case.

  • May 29, 2020

    9th Circ. Urged To Rethink Asbestos Coverage Reversal

    A pool company has asked the full Ninth Circuit to rehear a case over whether it is responsible for homeowners' asbestos-related claims, arguing that a panel had misapplied California law by letting the company's previous owner off the hook for some of the liability.

  • May 29, 2020

    Energy Co. Says It Hasn't Seen $63M Award 5th Circ. Upheld

    Renewable energy company Soaring Wind Energy asked a Texas federal judge Thursday to order the American arm of China's state-run aerospace corporation to hand over a nearly $63 million arbitral award it allegedly has refused to pay even after the Fifth Circuit upheld it in January.

Expert Analysis

  • Patent Owners Should Mind Assignee Rights Restrictions

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    Federal courts' reliance on the Federal Circuit Lone Star v. United Microelectronics decision, which closely scrutinized contractual restrictions in patent assignments, makes it crucial for patent owners to take particular care when limiting an assignee's ability to enforce the patent or transfer the rights, say John Haynes and Lindsay Church at Alston & Bird.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Texas Ruling May Weaken Anti-Washout Clauses In Oil Leases

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    The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • 4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

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    The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Entertainment Cos. May Not Be Insured For Pandemics

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    With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Top 10 Employment And Benefit Issues In Bankruptcy Cases

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    Companies seeking bankruptcy relief in the wake of the coronavirus pandemic should be aware of crucial aspects of the employee and debtor-employer relationship that are critical to a smooth transition into Chapter 11 and a chance at successful reorganization, say attorneys at Squire Patton.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • COVID-19, Contango And Energy's New Economic Reality

    Excerpt from Lexis Practice Advisor
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    During the current pandemic, counsel for energy companies must be prepared for the market condition known as contango — where short-term and long-term energy prices operate differently — and with pressure from banks providing reserve-based lending facilities, says Cameron Kinvig at Lexis Practice Advisor.

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