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Commercial Contracts

  • November 19, 2018

    Pa. Man Can't Get Attys’ Fees In Condo Rule-Change Case

    A Pittsburgh man was not entitled to recover attorneys’ fees and court costs from litigation against his homeowners association since they weren't "actual damages" or covered by the association's bylaws, the Commonwealth Court of Pennsylvania ruled on Friday.

  • November 19, 2018

    Adidas Bribes Exploited, Ruined Student-Athletes, Suit Says

    A basketball player recruited by the University of Louisville sued Adidas America Inc. and its associates Monday, claiming the company cost him his future in the sport by conspiring to bribe him and other student-athletes, likening the scheme to plantation owners exploiting slave labor.

  • November 16, 2018

    Ex-Morgan Stanley Exec Fights Arbitration Of Bias Claims

    A former Morgan Stanley executive urged a New Jersey federal judge Friday to certify her opinion last month forcing arbitration of his claims he was fired because of past alcohol and drug abuse, a move needed for him to appeal the ruling to the Third Circuit.

  • November 16, 2018

    More Info Needed In $134M Westinghouse Ch. 11 Row

    A New York bankruptcy judge said Friday that Brookfield Business Partners LP and the legal professionals winding down Westinghouse Electric Co.'s Chapter 11 estate need to provide more information before he can rule on a disputed $134 million transferred to Brookfield when it bought the distressed contractor.

  • November 16, 2018

    Texas Justices Rule First-Refusal Claim Not Time-Barred

    The Texas Supreme Court on Friday said the holders of a right of first refusal on mineral rights could not have discovered a sale had taken place without being notified, allowing the holders' suit to be filed after the usual four-year window.

  • November 16, 2018

    5th Circ. Nixes Daewoo Bid To Revise Shipment Row Question

    The Fifth Circuit has declined a bid by Posco Daewoo Corp. to rephrase a question the appeals court panel put to Louisiana's highest court, despite the Korean trading giant's arguments that the question as stated would not help determine whether it could seize an iron shipment as security for a future arbitration award.

  • November 16, 2018

    Universal Prez. Added To 'Fast And Furious' Spinoff Suit

    The producer of the “Fast and Furious” movies has added Universal Pictures’ president to his suit alleging that the motion picture studio tried to reduce his compensation for a spinoff and then kicked him off the job, according to his amended complaint filed Friday after the case was removed to California federal court.

  • November 16, 2018

    Wine Co. Shareholder Can't Avoid $29M Bill, 11th Circ. Told

    An American investor in a Chilean wine company has urged the Eleventh Circuit to affirm a lower court’s decision ordering a controlling shareholder of the venture to cough up $28.7 million, accusing him of playing a “cat-and-mouse game” to avoid paying what he owes.

  • November 16, 2018

    Lloyd's Sues Over Coverage Advice In $64M Malpractice Row

    Lloyd's of London underwriters sued a New York lawyer Thursday for allegedly advising them to deny coverage for a malpractice case against a former Dickstein Shapiro LLP lawyer that resulted in a $64 million judgment and later litigation that cost them more than their coverage limits.

  • November 16, 2018

    Texas Man Convicted In $36M Drug Resale Scheme

    A Texas federal court jury has convicted a Texas man of tax evasion and money laundering conspiracy for selling used prescription medications to a company that would resell them to pharmacies as new.

  • November 16, 2018

    Texas High Court Won’t Review $17M Power Plant Award Row

    The Texas Supreme Court on Friday said it would not take up a bid by Dixie Equipment LLC to review a ruling against it in an arbitration dispute over the construction of a power plant in Mexico, leaving in place a $16.6 million award.

  • November 16, 2018

    Pirates, Stadium Share Blame In Foul-Ball Injury, Jurors Told

    A Pittsburgh woman struck in the head by a foul ball at PNC Park blamed the injury for derailing her promising career, but the attorney for the company that installed the safety netting pointed a finger at the Pirates, the stadium’s designers and the woman herself in the opening arguments of a state civil trial Friday.

  • November 16, 2018

    Pa. High Court Won't Hear Roots Leaders' Discovery Appeal

    The Supreme Court of Pennsylvania rejected a petition of appeal from members of the Roots, including drummer Questlove, who have been fighting producing their tax returns in a former bandmate’s lawsuit over being cut out of the band’s profits.

  • November 16, 2018

    Nissan Lender Sues Dealer For $4.5M In 'Out-Of-Trust' Sales

    Nissan Motor Acceptance Corp. sued a Maryland Acura dealer Thursday for defaulting on $4.5 million worth of financed inventory that served as collateral, and is seeking an order restraining the dealer from selling any more financed cars out from under the lender.

  • November 16, 2018

    Texas Justices Won't Hear Cert. Row In Key Contractor Case

    The Texas Supreme Court on Friday stood by its decision to not hear a roofing contractor’s challenge to a ruling that certified a class of property owners who claim the company unlawfully acted as an insurance adjuster, leaving intact a decision that could impact all Texas contractors who negotiate insurance claims.

  • November 16, 2018

    Calif. High Court To Hear Suit Against Atty Over Monster Deal

    The California Supreme Court has agreed to hear an appeal by Monster Energy Co., which is seeking to revive its suit against an attorney who allegedly breached a confidentiality agreement in the settlement of an underlying suit blaming Monster’s energy drinks for the death of a teenager.

  • November 16, 2018

    Ex-Crowe & Dunlevy Director Joins Barnes & Thornburg

    Barnes & Thornburg LLP has added an experienced trial attorney and the current chair of the Texas Bar’s antitrust and business litigation section as a partner in Dallas, the firm announced.

  • November 15, 2018

    Ex-Playboy Model Keeps 'Hush Money' Row Public

    Republican fundraiser Elliott Broidy can't force an ex-Playboy model to arbitrate her contract claim stemming from their $1.6 million "hush money" deal, a Los Angeles judge ruled Thursday, saying it's too intertwined with her suit's claims against attorneys Michael Avenatti and Keith Davidson to break off.

  • November 15, 2018

    Warner Bros. Wins Dismissal Of Directors' Suit

    A California appellate panel blasted a trial court’s “inexplicable” effort to bring a proposed class action by film directors against Warner Bros. to trial just ahead of the expiration of a five-year deadline, ruling Wednesday the suit must be dismissed.

  • November 15, 2018

    NFL Player Agent Co. Seeks $10M In Poached-Business Suit

    A Miami-based agency that represents National Football League players sued a former employee and a competitor for $10 million in New York state court on Thursday, claiming that they secretly conspired to join forces and have since poached 15 of its clients.

Expert Analysis

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    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 Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • When International Arbitration Becomes Domestic

    Claudia Salomon

    Many global companies prefer to enter into contracts with foreign counterparties through a locally incorporated affiliate. This approach might help streamline business relationships and confer certain tax advantages, but the validity of the arbitration clauses in such contracts rarely has been tested, say Claudia Salomon and Irina Sivachenko of Latham & Watkins LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • 3 Takeaways From Google’s Harassment Policy Overhaul

    Nisha Verma

    In the wake of the #MeToo movement, Google’s recent changes to its sexual harassment policy are notable because they highlight employers’ ability to innovate while taking measures to comply with California law, say Nisha Verma and Jessica Linehan of Dorsey & Whitney LLP.

  • New Construction Trends And Their Impact On Contracts

    Joanna Horsnail

    Trends and technologies such as performance-based and resilience-oriented design, modular construction, and the use of drones are changing complex construction and engineering projects — and will require careful consideration and analysis during project negotiation and contracting, say attorneys with Mayer Brown LLP and engineers with Exponent Inc.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.