Commercial Contracts

  • December 15, 2017

    Tilton Says Zohar Funds Tried To Preempt Her Claims

    Private equity magnate Lynn Tilton asked a Delaware federal court Thursday to take over a state-court suit filed by three investment funds that are wrestling with her for control of several businesses, saying the funds are trying to undermine her action against them in New York federal court.

  • December 15, 2017

    Russian Award's OK Is Nigh For No-Show Pharma Biz

    A New York federal magistrate judge on Friday recommended confirming a $466,000 Russian arbitral award against a defunct Long Island pharmaceutical company that failed to appear in the arbitration and the current litigation, saying he found no reason not to do so.

  • December 15, 2017

    Avaya Shortens Contract For Soccer Stadium Naming Rights

    Avaya Inc. has shortened its naming rights contract with a soccer stadium in San Jose to 2018 instead of 2024, the bankrupt telecom giant told a New York bankruptcy court Thursday, as it ties up loose ends ahead of an imminent exit from Chapter 11.

  • December 15, 2017

    Plane Crash Insurance Fight In Wrong Court, 10th Circ. Says

    Alabama-based airplane engine maker Continental Motors Inc. cannot be sued in Colorado federal court just because an airplane repair business subscribed to its online service manual program, the Tenth Circuit ruled Friday, affirming a lower court’s decision that Continental’s limited contacts with Colorado simply weren’t enough to establish jurisdiction.

  • December 15, 2017

    Texas Justices Keep Noble On The Hook For $63M Indemnity

    The Texas Supreme Court on Friday declined to revisit its decision that Noble Energy Inc. has to indemnify ConocoPhillips in connection with $63 million in environmental cleanup costs despite arguments that Noble’s predecessor wasn’t properly told about the indemnity agreement.

  • December 15, 2017

    Carlton Fields Continues Real Estate Rebuild In Miami

    Carlton Fields continues to replenish its real estate practice in South Florida after losing six members earlier this year, announcing the addition last week of three attorneys from the Miami law firm of Isicoff Ragatz & Koenigsberg.

  • December 15, 2017

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

    The last week has seen more than 100 individuals sue Ingenious Media Holdings Ltd. amid disputes over the tax treatment of its film investments; Zinc Hotels lodge another challenge against BayernLB, this time adding Hilton Worldwide; and security firm G4S bring a claim over its pension scheme.​ Here, Law360 looks at those and other new claims in the U.K.

  • December 14, 2017

    English Court Won't Nix Award In Charter Spoilage Fight

    The English Court of Appeal on Wednesday dismissed a challenge to an arbitral award finding that a Singapore shipping company, which had chartered a vessel to transport soya bean meal from South America to Iran, was wholly responsible for €2.7 million in damages caused when it ordered its cargo to be kept onboard for nonpayment.

  • December 14, 2017

    McGuireWoods Grows DC Office With Ex-FINRA Exec

    McGuireWoods LLP said Wednesday that it has added a former Financial Industry Regulatory Authority senior executive to its ranks in Washington, D.C., as a partner in the firm’s commercial litigation practice.

  • December 14, 2017

    Royal Caribbean Wants Harvey Class Attys Sanctioned

    Counsel for a proposed class alleging Royal Caribbean Cruises Ltd. failed to cancel a trip as Hurricane Harvey descended should be sanctioned because they knew a class action waiver signed by the lead plaintiff barred the case, the cruise line said Thursday.

  • December 14, 2017

    Observation Wheel Builder Reaches Deal On Interim DIP Cash

    The company contracted to design and build a large observation wheel in Staten Island, New York, reached a deal with the wheel’s owners Thursday in Delaware to allow the bankrupt design company interim access to post-petition financing to be used to pay storage costs for large amounts of components for the wheel.

  • December 14, 2017

    Louisville Athletics Says Pitino Must Repay Forfeited Funds

    The University of Louisville Athletics Association on Wednesday said former men's basketball head coach Rick Pitino should cover penalties the NCAA slapped the school with in June, lobbing counterclaims against Pitino in his Kentucky federal suit over his termination after a criminal bribery investigation involving the program he once led.

  • December 14, 2017

    Ex-Mets Player Says Japanese Contract Suit Should Stay Put

    A former player for the New York Mets on Thursday asked a Pennsylvania federal court to keep alive his suit against the owners of a Japanese baseball team, telling the court that the team reaching out to him while in his home state gives the court jurisdiction to hear his claims over a reneged contract.

  • December 14, 2017

    New Player Rights Credo Covers Arbitration, Likenesses

    All athletes should have the right to a grievance process in which they have an equal say about the choice of arbitrator and have complete ownership over their name, image and likeness, according to new benchmark principles released Thursday by a group of major international sports players unions.

  • December 14, 2017

    Insurer Doesn't Owe For $2.8M Suit Against Medical Co.

    A California federal judge found Wednesday that Scottsdale Insurance Co. does not have to cover a medical supply company for a $2.8 million shareholder suit by a former director, finding the suit was based on acts that took place while the former director was covered by the policy.

  • December 13, 2017

    New York Wheel Design Firm Files Ch. 11 Amid Contract Fight

    The design team company associated with the unfinished New York Wheel attraction slated to be built on Staten Island filed for Chapter 11 protection Wednesday in Delaware as it remains locked in litigation with the wheel’s owner and the city over what the debtor says were breaches of the project contract.

  • December 13, 2017

    10th Circ. Won’t Rehear Ex-Tribe Worker's Contract Row

    The Tenth Circuit rejected a Ute Indian Tribe ex-energy and minerals department employee’s bid for panel or full court rehearing on Wednesday after it sided with the tribe in their contract dispute.

  • December 13, 2017

    Google Owes Advertisers For False Traffic, Suit Says

    Google LLC was paid by advertising publisher AdTrader Inc. to display clients’ online ads but wasted them on fake software programs and then refused a full refund for what the clients spent on fraudulent or accidental online user traffic, according to a suit filed Wednesday.

  • December 13, 2017

    No Coverage For Ex-CEO Of Pot Grower, Insurer Says

    Landmark American Insurance Co. asked an Illinois federal judge Wednesday to absolve it of any responsibility to defend a medical marijuana grower’s ex-CEO in a $5 million dispute between him and the enterprise, saying some of the counterclaims in the underlying matter are excluded from coverage.

  • December 13, 2017

    5th Circ. Affirms $1M Award In Contractor's Coverage Dispute

    Oklahoma Surety Co. is still on the hook for roughly $1 million in damages for denying coverage to a general contractor over a shoddy workmanship suit after the Fifth Circuit on Tuesday affirmed a lower court’s ruling that found the insurer had breached its duty to defend.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Science And Controversy Of Offshore Wind

    Brook Detterman

    As the U.S. Bureau of Ocean Energy Management embarks on several studies to better understand offshore resources and species, fishing interests have sued BOEM to challenge not only an offshore wind lease, but the process used to award leases and conduct environmental analysis. The future of offshore wind in the United States may be at stake, says Brook Detterman of Beveridge & Diamond PC.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.

  • What To Know Before Going Into Arbitration

    Carl Jenkins

    While the advantages of arbitration are well known, they can become disadvantages for the unwary. Carl Jenkins and A. Scott Davidson of Duff and Phelps Corp. offer suggestions from their experiences as arbitrators, arbitration panel members, expert witnesses and consultants.