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Commercial Contracts

  • October 18, 2018

    Necco Trustee Says Director Suit Should Stay In Fed. Court

    The Chapter 11 trustee of bankrupt candy maker New England Confectionery Co. Inc. told a Massachusetts federal judge Thursday that his suit accusing the debtor’s directors and officers of prepetition breaches of fiduciary duty shouldn’t be moved to bankruptcy court because it isn’t a core proceeding to the Chapter 11 case.

  • October 18, 2018

    Texas Firm's Advice Cost It $1M In Asset Sale, Telecom Says

    A telecom tower maintenance and construction company sued Texas law firm Hindman Bynum PC in Dallas County District Court on Thursday, saying the firm cost its shareholders more than $1 million by exposing them to personal liability through the sale of company assets to a computer sales and repair services outfit.

  • October 18, 2018

    Energy Co. Must Pay Long-Term Benefits To Fired VP: 5th Circ.

    A Fifth Circuit panel on Thursday found a federal district court erred when it ruled a former CETCO Energy Services Company employee couldn’t get certain incentive payments outlined in his contract, remanding the case to determine how much in long-term incentive benefits he is owed.

  • October 18, 2018

    5th Circ. Passes Daewoo Iron Shipment Row To La. High Court

    A Fifth Circuit panel has asked the Louisiana Supreme Court to rule on whether a state law allowed Korean shipper Daewoo International Corp. to seize a contested iron shipment as it looked to compel America Metals Trading LLP into arbitration.

  • October 18, 2018

    Citibank IDs Garnished Accounts In Wine Co. Investor Row

    Citibank has told a Florida federal judge that a controlling shareholder in a Chilean wine company ordered to pay a $28.7 million arbitration award to a Delaware investor for breaching a stock repurchase agreement has about $96,600 in cash across several accounts subject to garnishment, plus shares in a handful of companies.

  • October 18, 2018

    Settlement Up To $41M Approved In Aviva Annuity Suit

    A Massachusetts federal judge approved a class action settlement Thursday guaranteeing the annuities of 5,000 Aviva PLC customers at a value of up to $41 million, though he raised questions about the lead counsel's request for over $4 million in attorneys' fees.

  • October 18, 2018

    Horizon, Hospital Settle Claims In NJ Suit Over Tiered Plan

    Horizon Healthcare Services Inc. and CentraState Medical Center Inc. on Thursday announced that they have resolved CentraState's claims in a New Jersey state lawsuit alleging that the insurer's tiered health coverage plan left certain hospitals competitively disadvantaged, leaving only one hospital taking the company to trial next week.

  • October 18, 2018

    LabMD Exec Sees FCA Suit Against Tiversa Trimmed

    A New York federal judge has trimmed a False Claims Act suit brought by the president of LabMD accusing cybersecurity firm Tiversa of fabricating data breaches to secure government contracts, concluding that the executive sufficiently alleged fraud for some claims, but that others don’t hold up.

  • October 18, 2018

    Sprint Stiffed $4M Commission, Wireless Partner Claims

    A Texas wireless partner has hit Sprint Nextel Corp. and a subsidiary with a more than $4 million suit in Dallas federal court, claiming the wireless giant breached their long-standing contract and defamed it in the process.

  • October 18, 2018

    Glenmark Moves To Ax Zetia Pay-For-Delay Claims

    Glenmark Pharmaceuticals Inc. has asked a Virginia federal judge to nix a suit accusing it of conspiring with Merck & Co. to delay production of a competitor to Merck's cholesterol treatment Zetia, saying that a private settlement with Merck did not prevent the launch of lower-priced alternatives.

  • October 17, 2018

    Builder Hits SF With $150M Suit Over Terminal Delays

    The general contractor behind the construction of San Francisco's new $2.2 billion transit terminal has slapped the city agency responsible for the project with a $150 million lawsuit in state court, arguing that poor plans and the agency's slow response led to cost overruns.

  • October 17, 2018

    'Fast And Furious' Producer Sues Universal Over Spinoff

    Neal Moritz, producer of the “Fast and Furious” movies, sued Universal Pictures in Los Angeles Superior Court on Wednesday, alleging the motion picture studio tried to reduce his compensation for a spinoff of the popular street-racing films and then kicked him off the job after he pushed back.

  • October 17, 2018

    Vectrus Wraps Up Wage Class Action With $3.75M Deal

    A Washington federal judge has given final approval to a deal where Vectrus Systems Corp. agreed to pay $3.75 million to settle a class action that had accused a former version of the company of withholding pay and benefits promised to a group of people hired to work in Kuwait.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Brazilian Who Owes $500K Arbitral Award Can Be Sued In Fla.

    A Florida federal judge has shut down a bid by a Brazilian man to nix a lawsuit filed by a Rio de Janeiro investment firm looking to enforce a more than $500,000 arbitration award, finding his many contacts in Florida give the court jurisdiction over him.

  • October 17, 2018

    Jury Awards RE Broker $2.5M Over Vegas Hilton Sale Fee

    A Nevada federal jury has held that Westgate Resorts and its parent company must pay the estate of a deceased real estate broker and his brokerage company $2.5 million for withholding their commission on the $150 million purchase of the Las Vegas Hilton.

  • October 17, 2018

    Cabela's Tells Chancery Ex-Workers' Startup Must Be Stopped

    Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.

  • October 17, 2018

    Weinstein Co. Buyer Wants Answers On Production Contract

    The Chapter 11 buyer of the assets of movie and television studio The Weinstein Co. Holdings LLC filed a bankruptcy suit Wednesday in Delaware asking the court to make a ruling on the status of a contract with a former production partner of the debtor.

  • October 17, 2018

    Apple's Window To Nix Patent Has Closed, Qualcomm Says

    Qualcomm has told a California federal judge that Apple can't argue it doesn't owe royalties for a particular patent because its window to do so has shut, and the consumer tech giant's theory that the patent has been newly injected into the companies' massive licensing dispute belies the fact Apple has known about the patent for months. 

  • October 17, 2018

    Apartment Seller Stated False Occupancy Rate, $4M Suit Says

    A California-based commercial real estate company has filed suit in Texas state court alleging a Houston apartment complex owner lied about the occupancy rate and condition of the units, leading it to overpay for the property by more than $4 million.

Expert Analysis

  • The A-List For Managing Employment Law Risks And Costs

    Brendan Sweeney

    For most employers, the value of a class action waiver far outweighs the negatives of arbitration, but proactive in-house lawyers can do more than simply avoid class actions. The risk and cost of individual arbitration cases can be managed effectively with early case assessment and alternative fee arrangements, says Brendan Sweeney of Jackson Lewis PC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Class Arbitrability Questions After 11th Circ. JPay Ruling

    Gilbert Samberg

    One may ask whether the Eleventh Circuit’s recent decision in JPay v. Kobel correctly addressed the issue of “clear and unmistakable” consent when it comes to the delegation of class arbitrability. However, with respect to many class arbitration-related matters, a second issue looms, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding Unfair Labor Practices Under NLRA Section 8(a)

    Excerpt from Lexis Practice Advisor
    David Phippen

    Section 8(a)(1)-(5) of the National Labor Relations Act allows private sector employees to form unions, participate in collective bargaining and take collective action. David Phippen of Constangy Brooks Smith & Prophete LLP discusses employer best practices for preventing violations of these provisions.

  • When The Music Stops: Best Practices For Band Agreements


    The recent news about musician Lindsey Buckingham suing rock band Fleetwood Mac after being kicked off the tour and out of the band demonstrates the problems that can arise when a successful music group lacks a written partnership agreement, says Matthew Wilson of Arnall Golden Gregory LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Daesang V. NutraSweet Reaffirms NY's Pro-Arbitration Attitude

    Stephen Younger

    The reversal last month by New York's appellate division in Daesang v. NutraSweet is an important decision for the state's courts because it helps reaffirm New York's role as a preferred venue for international arbitration, say Stephen Younger and Michael Farinacci of Patterson Belknap Webb & Tyler LLP.