We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Commercial Contracts

  • January 18, 2019

    Qualcomm Exec Says Google, FTC Deal Was Royalties Model

    A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC.

  • January 18, 2019

    Oro Negro Ch. 15 Parties Agree To Mediate Rig Fight

    In an effort to streamline dual bankruptcy proceedings for Mexican oil rig company Perforadora Oro Negro in its home country and the U.S., a domestic mediator will join negotiations between the company and its creditors in a jack-up rig seizure dispute, a U.S. bankruptcy judge said.

  • January 18, 2019

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

    The last week has seen former Rabobank trader Anthony Conti sue his old employer, ArcelorMittal take Essar’s investment manager to court months after acquiring its steel business, and the managing director of AlixPartners sue a prominent Irish businessman and a British property tycoon. Here, Law360 looks at those and other new claims in the U.K.

  • January 18, 2019

    Seat Maker Must Face BNSF Suit Over Engineer's Injury

    Seats Inc. must face BNSF Railway Co.'s breach-of-contract suit alleging the manufacturer should be on the hook for payments to an engineer who suffered career-ending injuries from allegedly defective locomotive seats, a Nebraska federal judge ruled.

  • January 18, 2019

    Texas Justices Take Up Permian Basin Lease Ownership Row

    The question of whether an appeals court can overrule a contract dispute settlement between two oil companies that traded $3 million in potential damages for a 25 percent working interest in Permian Basin oil and gas leases will come before the Texas Supreme Court next month.

  • January 18, 2019

    No Sanctions For Baseball League's Ex-Attys, Judge Says

    An independent baseball league team owner who settled a suit with execs who allegedly cut him out of a new team deal can’t punish the league's former lawyers with $325,000 in sanctions for “vexatious” conduct, an Indiana federal court said Friday.

  • January 18, 2019

    Ill. Subcontractors Get Some Relief From State's High Court

    Construction subcontractors are the clear winners in the wake of an Illinois Supreme Court decision that overturned a 35-year-old case and said homeowners can’t directly sue subcontractors over problems with their new homes.

  • January 18, 2019

    Avenatti Slammed For 'Tactical' DQ Bid In Fee Fight

    Lawyers attempting to collect on a bankruptcy court judgment against attorney and Trump antagonist Michael Avenatti told a California federal court that Avenatti’s bid to disqualify them from the $10 million suit is a delay tactic that would allow him to move assets around while the case is pending.

  • January 18, 2019

    Website Not Enough To Establish Pa. Jurisdiction, Panel Says

    Just because a business had a website accessible to customers in Pennsylvania does not mean it has sufficient contact with the state for its courts to have jurisdiction over a disputed transaction that occurred mostly in Virginia, the Pennsylvania Superior Court ruled Friday.

  • January 18, 2019

    Fla. Co. Soured Clients On Ex-Contractor, $110M Suit Says

    A former independent contractor for Florida-based health care management consulting company CareOptimize filed a $110 million suit Thursday accusing the company of ruining her relationships with clients by telling them she was subject to noncompete agreements and that she was sick and could not work.

  • January 18, 2019

    Door Maker Looks To Move Antitrust Suit Out Of Virginia

    Masonite Corp. has asked a Virginia federal court to transfer a case accusing it and fellow door maker Jeld-Wen Inc. of a price-fixing conspiracy, arguing the proceeding has no connection to the district and complaining that the plaintiffs were engaging in "flagrant forum shopping."

  • January 18, 2019

    Judge Holds Off On Stopping Tough Mudder Split, For Now

    Tough Mudder will be able to proceed with a spinoff of a studio fitness business from its obstacle course business, provided it can show a Massachusetts federal judge it is not dividing its corporate entity and can pay a judgment sought by a proposed class of runners who sued over a relocated event, the judge said Thursday.

  • January 17, 2019

    Medical Device Co.'s Del. Suit Says Competitor 'Sabotaged' It

    Medical device company Neurvana Medical LLC filed a lawsuit in Delaware Chancery Court on Thursday claiming competitor Balt USA LLC and its president are trying to sabotage and destroy Neurvana after the president was ousted from its board for alleged hostile behavior.

  • January 17, 2019

    Insurer Says $1.5M Arbitration Award Over Stolen Info Sound

    American Income Life Insurance Co. asked a Texas federal court on Wednesday to confirm a $1.54 million arbitration award it won against a former agent after he allegedly took confidential information after leaving the company, saying the arguments in his appeal were already dismissed by the arbitrator.

  • January 17, 2019

    Contractor Seeks $10M After Pa. Pipeline Project Goes Awry

    A Houston-based Williams Partners LP pipeline unit delayed the reconstruction of a Pennsylvania natural gas facility that exploded two years ago, then improperly fired the company hired to do the job, the contractor claimed in a federal lawsuit seeking more than $10 million.

  • January 17, 2019

    5th Circ. OKs $20.5M Award In YouTube Channel Profits Row

    The Fifth Circuit on Wednesday upheld a $20.5 million verdict in a partnership dispute over profits from a YouTube channel focused on video games, rejecting an argument from two partners in the channel that the lower court never had jurisdiction to hear the case.

  • January 17, 2019

    Qualcomm Requests More Time In Apple Patent Fees Trial

    Qualcomm needs an extra day before the jury to defend itself against Apple's allegations that it has been overcharging for patent licensing fees, the chipmaker told a California federal judge Wednesday.

  • January 17, 2019

    Retirees' Deal With PPG Nets $7.7M, Health Benefits For 7 Yrs.

    PPG Industries Inc. will pay a class of retirees $7.65 million and ensure them health benefits through 2025 to settle allegations that the paint and chemical company wrongly cut off promised lifetime health benefits, the retirees told an Ohio federal court Thursday.

  • January 17, 2019

    Moonves Demands CBS Arbitrate $120M Severance Denial

    Former CBS chief Les Moonves is taking the network to arbitration over its denial of a $120 million exit package following his ouster last year over alleged sexual harassment in the workplace, according to a financial disclosure CBS filed Wednesday.

  • January 17, 2019

    Chancery's Toss Of $3M Biotech Co. Breach Claim Stands

    The Delaware Supreme Court on Thursday upheld a Chancery Court dismissal of global health care and biosecurity company BioVeris Corp.'s roughly $3 million breach of contract dispute with a former partner, rejecting the company’s argument the lower court misapplied statute of limitations standards.

Expert Analysis

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Rethinking Who Decides Gateway Arbitrability Issues

    Gilbert A. Samberg

    Although federal courts have opined that incorporation of institutional arbitral procedural rules that authorize the arbitral tribunal to determine its own jurisdiction constitutes “clear and unmistakable” evidence that the parties intended to have the tribunal alone determine arbitrability issues, one commentator begs to differ, says Gilbert Samberg at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • Capital Leases Are Dead, Long Live Finance Leases

    Brad Boericke

    Starting this year, public companies must adopt the Financial Standards Accounting Board's new lease accounting rules, which eliminate the defined term "capital leases." Lenders and borrowers alike will need to consider taking a new approach to drafting credit agreements, says Brad Boericke of Pepper Hamilton LLP.

  • A Guide To Reducing Limitations Periods On Employee Claims

    Excerpt from Lexis Practice Advisor
    Ann-Elizabeth Ostrager

    Employers generally benefit from drafting agreements that shorten statutes of limitations on employee claims. However, there are several considerations when assessing whether and how to trim the relevant period, say Ann-Elizabeth Ostrager and Courtney Hunter of Sullivan & Cromwell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.