Commercial Contracts

  • May 22, 2018

    Investment Firm Wants To Split $580M Dallas Pension Fight

    Investment consulting firm The Townsend Group LLC has accused the Dallas Police and Fire Pension System of “transparent gamesmanship” in its lawsuit alleging the pension fund lost $580 million due to bad real estate investment advice, and wants the Texas Supreme Court to split up the case.

  • May 22, 2018

    Toyota, Customer Dismiss 4th Circ. Melting-Dashboard Appeal

    The Fourth Circuit assented Tuesday to Toyota's and a customer's joint dismissal of claims that some Toyotas' dashboards melted or degraded from sun exposure, in an appeal that was to center around the denial of Toyota's wish to arbitrate.

  • May 22, 2018

    Ex-Allstate Workers Beat Time Bar Challenge In Benefits Row

    A Pennsylvania federal judge tolled the statute of limitations Tuesday for state-law claims brought by former Allstate Insurance Co. employees, denying the insurer a partial early win in a suit alleging they lost retirement benefits when Allstate forced the workers to become contractors or face termination.

  • May 22, 2018

    Airlines Blast Dallas Proposal For Gate Use At Love Field

    Delta Air Lines Inc., Southwest Airlines Co., American Airlines Inc., United Airlines Inc. and Virgin America Inc. have each told a Texas federal judge they oppose a city of Dallas plan for assigning gate space at Love Field airport.

  • May 22, 2018

    Google May Escape Gun-Scope Seller’s Crosshairs, For Now

    A California judge has tentatively tossed a suit alleging that Google arbitrarily discriminated against a gun-scope seller via a “dangerous weapons” policy that barred the business from its ad program.

  • May 22, 2018

    Pakistani Challenge To London Award Nixed In Power Row

    An English judge has barred Pakistan's state-owned power provider from pursuing a challenge in that country to a London arbitration award issued in a payment dispute with several power producers, concluding in a decision made public on Friday that Pakistani courts do not also have authority to supervise the arbitration.

  • May 22, 2018

    Hedge Fund Owner, Hotel Developer Resolve $2M Fraud Suit

    A hedge fund owner awaiting sentencing on related criminal charges has resolved civil claims in New Jersey federal court that he duped a hotel developer into giving him an almost $2 million investment — about half of which, he testified at trial, he thought he was permitted to spend on a residential mortgage for himself.

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.

  • May 22, 2018

    Groups Back Trucking Co.'s High Court Arbitration Bid

    A trucking industry lobbying group, a D.C. think tank and a Boston public-interest law firm urged the U.S. Supreme Court on Monday to compel arbitration in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage.

  • May 22, 2018

    Royal Caribbean Cruises Can't Duck Near-Drowning Suit

    A Florida federal judge trimmed a count from an Italian family's lawsuit against Royal Caribbean on Tuesday but ordered that the case move forward on the primary claim of negligence stemming from their child's near-drowning in a cruise ship swimming pool, finding facts still in dispute.

  • May 22, 2018

    EMI Escapes Frankie Valli's Song Rights Suit In California

    A California federal judge on Tuesday tossed Four Seasons crooner Frankie Valli’s suit accusing EMI Music Publishing Ltd. of holding the rights to his music “hostage,” finding that the London-based music publisher had not intentionally entered into a contractual relationship tying it to the Golden State.

  • May 22, 2018

    Cup Maker Denies Atty Conflict In $25M Trade Secrets Suit

    Drinkware manufacturer Tervis Tumbler urged a Florida federal court Monday to deny a bid to disqualify its counsel Shumaker Loop & Kendrick LLP in a $25 million trade secrets case, saying there is no conflict from the firm's past representation of plaintiff Trinity Graphic on unrelated matters.

  • May 22, 2018

    Herrick Beats New Damages Bid In Suit Over Filing Deadlines

    A New York state judge on Tuesday rejected an investment group’s bid to void an arbitrator’s finding that Herrick Feinstein LLP owed no damages for allegedly bungling filing deadlines in a breach of contract suit alleging a trader used the group's funds for a "pump and dump" scheme.

  • May 22, 2018

    Ex-Manager, CEO Convicted In $9.7M Valeant Kickback Plot

    A former manager at Valeant Pharmaceuticals International Inc. and the CEO of a mail-order pharmacy whose close ties to the drugmaker led to a federal investigation were convicted by a Manhattan federal jury on Tuesday of scheming to bring about a tie-up between the companies in exchange for a $9.7 million kickback.

  • May 21, 2018

    EMI Close To Shaking The Four Seasons' Music Rights Suit

    A California federal judge on Monday tentatively dismissed Four Seasons crooners Frankie Valli and Bob Gaudio's suit alleging EMI Music is holding their music’s foreign distribution rights hostage, writing the Golden State court doesn't have jurisdiction over the dispute between the musicians' New York-based business entities and the London-based music publisher.

  • May 21, 2018

    5 Takeaways From Employers' Win On Class Waivers

    The U.S. Supreme Court cleared the way Monday for employers nationwide to require workers to sign away their right to pursue class actions in a blockbuster ruling that attorneys on both sides of the bar agree will translate to millions more workers being bound by class waivers. Here, Law360 looks at five key takeaways from the high court's long-anticipated decision.

  • May 21, 2018

    Dallas Jeweler Says Over-Marketing Destroyed Gem's Value

    Ritzy Dallas jeweler William Noble Rare Jewels LP is seeking millions in damages from a jeweler it was working with whose "continual, desperate, voracious" marketing of a 77.12-carat Angolan yellow diamond referred to as the "Yellow Rose" allegedly drove down the gem’s value.

  • May 21, 2018

    Texas Atty Sues FindLaw Over 'Cookie Cutter' Website Design

    A Dallas attorney sued West Publishing Corp. in Texas court Monday, alleging he was duped into buying website design services for his seven-lawyer firm from the company's FindLaw platform based on a promise of a customized site, only to get a "generic cookie cutter" site.

  • May 21, 2018

    Shell Gets $61M In Suit Over Costs For Dismantling Wells

    A Louisiana federal jury has awarded Shell Offshore Inc. $61 million in its suit against Eni Petroleum US LLC over the alleged underpayment of costs associated with the dismantling of four oil and gas wells in the Gulf of Mexico, according to a judgment entered Friday.

  • May 21, 2018

    Zohar Deal Stays Litigation, Appoints Independent Director

    A settlement reached among key players Monday in the Delaware Chapter 11 cases of the Zohar Funds will pause active litigation between the parties for 15 months and will see founder Lynn Tilton largely step aside from running the funds in favor of an independent director.

Expert Analysis

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • Arbitration Jujitsu: 'Sealed Settlement Offers' Add Leverage

    Gilbert A. Samberg

    When negotiating a settlement before incurring the costs of arbitration, counsel may leverage the weight of anticipated arbitration costs by means of a "sealed settlement offer" — thereby putting additional pressure on a counterparty to be realistic in calculating the settlement value, says Mintz Levin member Gilbert Samberg.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Out-Of-State Companies Beware Mass. 'Manufacturer' Tag

    Philip Olsen

    As a result of recent cases, non-Massachusetts corporations, which may outsource certain operations and not consider themselves engaged in manufacturing in their home state, could nevertheless be found to be manufacturers in Massachusetts, say Philip Olsen and Michael Penza of Morrison & Foerster LLP.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Ending Forced Arbitration In Workplace Discrimination Cases

    Joseph Abboud

    While recent actions to eliminate forced arbitration for employee sexual harassment and sex discrimination claims are welcomed developments in the wake of the #MeToo movement, the concerns motivating the movement provide a similar opportunity to consider the ramifications of changes that benefit one group and how they might be expanded to benefit all workers, says Joseph Abboud of Katz Marshall & Banks LLP.