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Commercial Contracts

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs. (This article is part of a series on how the island’s legal industry is rebuilding after Hurricane Maria.)

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too. (This article is part of a series on how the island’s legal industry is rebuilding after Hurricane Maria.)

  • February 15, 2019

    TracFone Sues Texas Cos. In Latest Anti-Trafficking Effort

    Wireless service provider TracFone sued three Texas-based companies Friday, accusing them of running a phone smuggling ring that cuts into its business model, marking the latest salvo in the telecom’s more than decade-long crusade to stop companies from trafficking its tech.

  • February 15, 2019

    'Fearless Girl' Artist Sold Unauthorized Statues, TM Suit Says

    The artist who created the Fearless Girl sold unauthorized copies of the famous feminist statue in violation of trademark law and agreements with State Street Global Advisors Trust Co., which commissioned the artwork, the company has argued in a New York state court suit.

  • February 15, 2019

    Plane Co. Asks Chancery To Break Grip Of Bogus Legal Rep.

    A multi-state dogfight over control of aircraft leasing company PMC Aviation landed in Chancery Court Friday, with Jet Midwest Group LLC seeking a temporary restraining order to break a former PMC investor's unauthorized grip on litigation involving the company.

  • February 15, 2019

    Petrobras Must Post Bond In $720M Award Row, Court Hears

    Vantage Deepwater Co. has urged a federal court to halt Petrobras from transferring the proceeds of an upcoming $562 million sale of its Texas refinery outside the U.S. until the Brazilian company puts up security for an arbitral award worth some $720 million, which the Texas driller is trying to enforce.

  • February 15, 2019

    Jurisdiction Key In 2nd Circ.'s Reviving Of US Bank-BofA Row

    The Second Circuit on Friday revived U.S. Bank's New York federal court suit seeking to make Bank of America buy back a $9 million mortgage loan from a commercial mortgage-backed securities trust, ruling that the case shouldn't be sent back to where it began in Indiana but should be decided under Hoosier state law.

  • February 15, 2019

    Texas Justices Deny Law Firm's Appeal Of Malpractice Award

    The Texas Supreme Court on Friday denied a Texas law firm’s request to undo lower-court rulings affirming a nearly $460,000 malpractice arbitration award to a former client whose case was dismissed because no counsel came to court for a trial-setting conference.

  • February 15, 2019

    Investor Reaffirms Suit Accusing Akorn Execs Of Deceit

    An Akorn Inc. investor told an Illinois federal court the pharmaceutical company's executives should not be able to dodge a suit alleging they lied in public statements for their own benefit, concealed regulatory problems and sunk a major merger deal with their inept behavior.

  • February 15, 2019

    Oracle's Anti-Arbitration Line Is 'Man Bites Dog,' Judge Says

    A Ninth Circuit panel appeared skeptical Friday of Oracle Inc.'s appeal of a decision to send an ex-worker's putative class action over sales commission pay to arbitration, with one judge calling the company's anti-arbitration stance ironic and a "man bites dog" situation.

  • February 15, 2019

    Ex-Liddle Partner Fights Attys' Bid To Exit Equal Pay Suit

    A former Liddle & Robinson LLP partner fought an effort by several former co-workers to escape her gender pay discrimination lawsuit, telling a New York federal court the defendants couldn't remove the case from state court, then claim it should be dismissed because the federal court did not have jurisdiction.

  • February 15, 2019

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

    The last week has seen the European arm of a Japanese investment bank sue a Saudi billionaire, the former prime minister of Qatar face action involving a pricey mansion and a Swiss bank file claims against executives of a defunct business group being investigated by the U.K.'s fraud watchdog. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2019

    Ballard Spahr Adds 2 'Silicon Slopes' Attys In Salt Lake City

    Two business lawyers with longtime ties to Utah’s “Silicon Slopes” network of technology startups and emerging companies have joined Ballard Spahr LLP’s business and finance practice in the law firm’s Salt Lake City office, the firm has announced.

  • February 15, 2019

    Texas High Court Denies Redo In Long-Running Atty DQ Row

    The Texas Supreme Court on Friday signed off on a trial court's decision not to give a do-over to a Chilean mining company that's been trying for six years to disqualify attorneys from Bickel & Brewer — now known as Brewer Attorneys and Counselors — from representing a lead smelter.

  • February 15, 2019

    UK Energy Co. Plans Arbitration Against Egyptian Co.

    Petroceltic has announced plans to launch arbitration proceedings against Egyptian General Petroleum Corp. stemming from the state-owned company’s alleged breach of gas sales agreements and its failure to pay off debts to the U.K. energy company.

  • February 14, 2019

    Calif. High Court Won't Hear Winston & Strawn Petition

    The California Supreme Court has declined to review the ruling that sunk Winston & Strawn LLP's arbitration agreement with a former attorney alleging gender discrimination, though one justice believed the case warranted review.

  • February 14, 2019

    PE Firm Says It's Out $2.1M Due To Texas Co.'s Execs

    A Los Angeles-based private equity firm told a Texas trial court Wednesday that a financial services company’s top two officers' insistence on receiving bonuses started a chain of events that led to the firm liquidating the company's assets and still losing $2.1 million.

  • February 14, 2019

    Retailer Shopko Seeks To Investigate McKesson In Ch. 11

    Midwestern big box retailer Specialty Retail Shops Holding Corp., better known as Shopko, has asked a Nebraska bankruptcy court to allow it to investigate its claims that pharmaceutical distributor McKesson Corp. has overcharged it millions of dollars for drugs.

  • February 14, 2019

    Total E&P Owes $21.6M For Well Plugging, Texas Jury Says

    Total E&P USA Inc. owes another company $21.6 million for decommissioning four oil wells in the Gulf of Mexico, Texas federal jurors determined Thursday, seemingly agreeing with Total that a $33 million bill the other company initially hit it with was too high.

  • February 14, 2019

    Developer Gets Another Shot At Role In Condemnation Action

    A developer who was looking to buy a New Jersey parcel has won another chance to possibly take part in eminent domain proceedings over the site and share in condemnation proceeds after a state appellate panel on Thursday said a trial court must take a closer look at the matter.

Expert Analysis

  • Oxbow: Alignment Is Key In Put Valuation Processes

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    The recent Oxbow Carbon Unitholder Litigation demonstrated many common put valuation issues, but also how an alignment mechanism can foster cooperation despite a highly adversarial relationship, say Kyle Gann and Jason Osborn of Winston & Strawn LLP.

  • 5 Considerations For Both Sides In Stadium Naming Deals

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    The stadium and arena naming rights deal market remains highly active. The complexity of these agreements and the importance of the terms are growing, say Ryan Davis and Steve Smith of Bryan Cave Leighton Paisner LLP.

  • Pa. Court Extends Long Arms Toward Out-Of-State Cos.

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    Two recent Pennsylvania appellate court decisions held that any out-of-state company registered to do business in Pennsylvania is subject to suit in the commonwealth even if the suit has no connection to Pennsylvania. This interpretation of the statutory scheme presents out-of-state corporations with a Hobson’s choice, say attorneys at Greenberg Traurig LLP. 

  • 3 Aspects Of Executive Agreements That Need An Upgrade

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    Underlying recent executive disputes with companies like Papa John's, Barnes & Noble and Uber is the executive employment agreement, which appears to include three areas that could and should be improved, says Zak Franklin of McDermott Will & Emery LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Better Contracts Make For More Likely Tax Savings In Ohio

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    In a November 2018 decision, Willoughby Hills v. Testa, the Ohio Supreme Court further defined the commercial activity tax's agency exemption. Following the ruling, taxpayers should carefully negotiate contract language and business arrangements to ensure the factors of the agency relationship are met, say Jeremy Hayden and Chris Tassone of Frost Brown Todd LLC.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Opinion

    Brexit International Arbitration Clause Is Misunderstood

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    Much of the criticism aimed at the international arbitration clause in the recent Brexit withdrawal agreement unfairly identifies a perceived lack of transparency and appears to be based on a lack of understanding about the process, says Margarita Michael of O'Melveny & Myers LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

  • No Premium Recovery Guarantees For 5th Circ. Lenders

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    While the U.S. Court of Appeals for the Fifth Circuit’s opinion last month directly addressed the allowability of make-whole and prepayment premiums for unsecured creditors in solvent debtor cases, its reasoning also cast doubt on the allowability of such premiums even for oversecured creditors, say attorneys at Latham & Watkins LLP.