Commercial Contracts

  • 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.

  • March 16, 2018

    Ex-PharMerica Exec Shakes Trade Secrets Suit

    A Pennsylvania federal judge threw out a lawsuit Friday against an ex-PharMerica Corp. executive after finding that the pharmacy services company failed to allege she took advantage of any specific trade secrets or proprietary information when she launched a rival business.

  • March 16, 2018

    Ex-Judicial Watch Head Hit With $2.8M Verdict In TM Row

    Conservative legal analyst Larry Klayman is on the hook for a $2.8 million judgment after a federal trademark and contract trial in Washington, D.C., that went in favor of Judicial Watch, the legal activist organization he founded.

  • March 16, 2018

    India Opens Antitrust Probe Into Honda Motorcycle

    India's competition authority has opened an investigation into allegations that Honda Motorcycle and Scooter abused its dominant market position by imposing anti-competitive terms on dealerships, including tying arrangements and price maintenance agreements.

  • March 16, 2018

    Optical Co. Says Ex-Biz Partner's IP Suit Too Late

    A Japanese optical manufacturer on Friday asked a Massachusetts federal judge to toss a suit filed by a startup claiming its onetime partner was responsible for a loss in business after it patented technology they both developed, claiming the statute of limitations had run out and the complaint is based on hearsay.

  • March 16, 2018

    MLS, Columbia Sportswear Sign Deal For Branded Apparel

    Oregon-based Columbia sportswear and Major League Soccer have entered into a partnership for co-branded apparel for all 23 of the league’s teams, the league and the sportswear company said Friday in a joint statement.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

  • March 16, 2018

    How To Minimize Legal Risk When Firing Alleged Harassers

    Conductor James Levine's decision to sue the New York Metropolitan Opera on Thursday after he was fired over allegations he molested young musicians shows employers not only run the risk of being sued when they ignore allegations of workers' misconduct, but when they take action as well. Here, Law360 looks at ways employers can minimize legal risks when cutting ties with an accused harasser.

  • March 16, 2018

    Ill. Atty Beats Malpractice Suit In Domino's Franchise Row

    An Illinois federal judge on Friday tossed a lawsuit accusing an attorney of malpractice for representing both a Domino’s Pizza franchise co-owner and his business partner in the sale of their restaurant, ruling that the suing co-owner should have provided an expert opinion about the alleged conflict of interest.

  • March 16, 2018

    Ga. Plant Owners Seek Return Of Cash From Westinghouse

    Georgia Power, co-owner of a nuclear power project whose fate has been intertwined with Westinghouse’s bankruptcy, told a New York bankruptcy court on Thursday that proposed Westinghouse reorganization plan language should be revised to reflect that the plant’s owners have dibs on up to $57.5 million sitting in a bank account.

  • March 16, 2018

    Space Travel Co. Demands Sanctions Over Leaked Docs

    A commercial space travel company demanded sanctions and a strict accounting of "privileged" documents leaked to lawyers of a customer claiming the company got him to agree to a $30 million nonrefundable deposit under false pretenses, according to a motion filed in Virginia federal court Friday.

  • March 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the Force India Formula One team sue Santander, the Fiat Group launch an action against its longtime pension scheme administrator and Squire Patton Boggs, and a Scipion fund take on a commodities warehouser. Here, Law360 looks at those and other new claims in the U.K.

  • March 16, 2018

    4th Circ. Says Christian Network Deal Nixed 'In Good Faith'

    A Fourth Circuit panel has clipped the wings on Christian broadcasting company Sky Angel's suit over a failed distribution deal, holding that a lower court correctly decided that Discovery Communications LLC operated in “good faith” when it nixed the agreement.

  • March 16, 2018

    Disney Deal Gets Autodesk Out Of Animation Patent Suit

    A California federal judge said Thursday that software giant Autodesk Inc. did not infringe designer Joseph Alter’s patent on technology for animating hair and fur by incorporating it into the company’s Maya animation program, finding Alter agreed not to sue Autodesk in a previous settlement with Disney.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

  • March 15, 2018

    Law Firm Founder Wants To Shield Docs From Timeshare Co.

    Castle Law Group PC founder Judson Phillips asked a Tennessee federal judge Wednesday to protect him from a timeshare company’s demand that his law firm provide documents in the company’s suit alleging Castle Law Group interferes with its contracts.

Expert Analysis

  • 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.

  • 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.

  • 6th Circ. Sheds Light On Mandatory Arbitration

    Daniel Winston

    In Smith v. Altisource, the Sixth Circuit recently held that a party seeking to enforce arbitration cannot prevail merely because the arbitration itself is ambiguous and broadly drafted. Instead, a court must determine whether the arbitration clause can "fairly be read to cover" the dispute in question, say Daniel Winston and John Calhoun of Choate Hall & Stewart LLP.

  • Investing In Ground-Leased Or Net-Leased Real Estate

    Tzvi Rokeach

    When crafting a ground lease or any other form of triple net lease, special attention should be paid to the tensions that arise as a result of both tenant and landlord seeking to finance their respective positions, says Tzvi Rokeach of Kramer Levin Naftalis & Frankel LLP.