Commercial Contracts

  • October 20, 2017

    Builder Opposes Stay In Bid To Toss $23M Arbitration Award

    Spanish construction firm Cobra Infraestructuras Hidraulicas SA has urged a Florida federal judge to deny a stay of its petition to vacate a $23 million arbitration award to a former subcontractor on a Guatemala hydroelectric project, saying a pending request for clarification cannot correct the tribunal's error.

  • October 20, 2017

    NFL Moves To Speed Up Elliott Suspension Case

    The NFL and players' union on Friday disagreed about whether to speed up an ultimate ruling on Dallas Cowboys running back Ezekiel Elliott's six-game domestic violence suspension after a judge temporarily halted it from taking effect days earlier.

  • October 20, 2017

    Dental Tech Co. Wins $6.8M In Trade Secrets Suit

    A California federal judge awarded a dental technology company $6.8 million in damages Thursday after the ex-engineer it accused of stealing its designs stopped participating in the suit.

  • October 20, 2017

    HHS Looks To Dodge $1.5B Pharmacy Antitrust Suit

    The U.S. Department of Health and Human Services on Friday said that it should not have to face a $1.5 billion antitrust lawsuit brought against Chicago pharmacies, saying that no claims in the suit even mention the department, according to a filing in Illinois federal court.

  • October 20, 2017

    Toymaker Says Intel Duped It Into Buying Dangerous Chips

    MGA Entertainment Inc. has filed suit in New York state court accusing Intel Corp. of encouraging the toymaker to develop a light-up electronic wristband with a chip it planned to discontinue, knowing the component overheats and could have burned MGA’s young clientele.

  • October 20, 2017

    Bosch Unit Wins NY Apt. Seizure In $2.7M Award Row

    Bosch home appliance arm BSH Hausgeräte GmbH has convinced a New York federal judge to order the seizure of a Turkish man’s Manhattan apartment, as the German company seeks to enforce a $2.7 million award against the man over a stock deal that went south.

  • October 20, 2017

    NJ Court Orders Hearing To See If Threat Swayed Arbitrator

    A New Jersey appeals court on Thursday ordered a new hearing to determine if an arbitrator who oversaw a dispute between two asphalt companies was unduly swayed by what the company that lost in arbitration called an aggressive threat of a malpractice suit from a witness for the other company.

  • October 20, 2017

    Telecom Co. Asks 11th Circ. To Nix Deal Over $9M Merger

    Peerless Network Inc. asked the Eleventh Circuit to reverse a ruling enforcing an agreement between it and a rival telecommunications firm over a botched acquisition deal worth $9 million, saying the judgment shouldn't have been enforced before discovery.

  • October 20, 2017

    Avis Settles TCPA Class Action Over Text Messages

    A New York car renter has settled his proposed nationwide class action accusing Avis Rent A Car of violating the Telephone Consumer Protection Act by sending consumers automated text messages without seeking consent, both sides told a New Jersey federal judge on Thursday.

  • October 19, 2017

    US Airways Fights Sabre's Appeal Of $15M Antitrust Win

    US Airways Inc. urged the Second Circuit on Wednesday to reject trip-planning giant Sabre Holdings Corp.'s bid to overturn a $15 million jury verdict awarded to the airline in an antitrust suit, insisting the jury correctly followed the appeals court’s American Express holding to conclude that Sabre had market power and its contract was anti-competitive.

  • October 19, 2017

    Benefits Co. Rips Injunction Bid In $1.5B Antitrust Suit

    Benefits manager Prime Therapeutics blasted a Chicago neighborhood pharmacy’s request for an injunction in Illinois federal court Thursday amid a $1.5 billion antitrust lawsuit against it and Walgreens, arguing the pharmacy had no grounds to force it to do business with it.

  • October 19, 2017

    'Nurse 3D' Actress Can't Revive $55M Suit Against Lionsgate

    A California appeals court Wednesday affirmed the dismissal of former "Boardwalk Empire" actress Paz de la Huerta's $55 million suit alleging Lions Gate Entertainment Corp. had an ambulance hit her during the filming of the movie "Nurse 3D" and dubbed over her voice without consent.

  • October 19, 2017

    Owners Want Airbnb Told To Stop Rentals In Their Buildings

    The owners of several residential apartment buildings asked a California federal court Wednesday to block Airbnb from allowing their tenants to rent out apartments on its website, saying they will likely prevail on claims that rowdy guests are costing them money and disturbing residents, harms that will continue without the court’s assistance.

  • October 19, 2017

    RMBS Trustees Defend $11.4B Breach Claim Against Lehman

    Residential mortgage-backed securities trustees and Lehman Brothers Holdings Inc. squared off in New York bankruptcy court Thursday on the value of claims submitted in the wake of the financial crisis, with the trustees arguing that their “straightforward breach of contract claims” are worth $11.4 billion, while the shuttered bank argued they’re worth $2.38 billion or less.

  • October 19, 2017

    Benihana Asks 2nd Circ. Not To Revive Counterpart's Suit

    The American arm of the Benihana restaurant chain asked the Second Circuit on Wednesday not to revive a suit alleging it tried to force its international counterpart into handing over that counterpart's franchises, arguing that a lower court properly held the America arm was acting in its economic best interest.

  • October 19, 2017

    Pillsbury Adds Former Coats Rose Litigator In Houston

    A litigator from Coats Rose PC who focuses his practice on complex commercial disputes in the energy and construction industries has joined the Houston office of Pillsbury Winthrop Shaw Pittman LLP as a partner, the firm announced recently.

  • October 19, 2017

    Ill. Judge Signs Off On $220M Judgment Against Casino Execs

    An Illinois federal judge ordered four of the executives blamed for a Chicagoland casino's bankruptcy to pay the nearly $220 million they owe the Chapter 7 trustee, entering final judgment against them this week.

  • October 19, 2017

    Honeywell Hit With $22M Contract Suit By Security Co.

    A security systems company hit Honeywell International Inc. with a $22 million breach of contract suit in Pennsylvania federal court on Wednesday, saying the technology and manufacturing company discontinued software for security products it had committed to supporting.

  • October 19, 2017

    Alta Mesa Agrees To Pay $4.57M To Settle Gas Royalty Row

    A putative class of royalty owners asked an Oklahoma federal judge on Wednesday to approve a settlement agreement that would require gas producer Alta Mesa to pay $4.57 million to end claims it underpaid royalties on gas wells in the state by taking improper deductions.

  • October 19, 2017

    Hastert Accuser Can't Get Info On Possible Victims

    Former U.S. House Speaker Dennis Hastert doesn't have to turn over information about anyone else who might have accused him of sexual abuse in a civil suit brought by the victim central to the criminal cover-up case that put the former politician behind bars, an Illinois state judge said Thursday.

Expert Analysis

  • NY Commercial Division Rule Changes Promote ADR Use

    Christopher Palermo

    Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Strategic Considerations In Selecting Emergency Arbitration

    Javier Rubinstein

    In recent years, all of the major arbitral institutions have introduced an emergency arbitration procedure, yet studies suggest that parties rarely avail themselves of emergency arbitration and instead turn to local courts in times of crisis. Attorneys with Kirkland & Ellis LLP explore several considerations when determining where to pursue emergency relief.

  • The Vicissitudes Of Partnership Assumption In Bankruptcy

    Epling-Richard-25085-2016-0137-BIO.jpg

    When a debtor partner makes a motion to assume a partnership agreement, courts have disagreed on the appropriate legal standard — whether to apply the “actual” or “hypothetical” test. The split in the circuits on this question continues to lead to controversy, says Richard Epling, a retired partner at Pillsbury Winthrop Shaw Pittman LLP.