Commercial Contracts

  • April 20, 2018

    Michael Cohen Says FBI Raid Must Pause Stormy Daniels Row

    Counsel for longtime President Donald Trump attorney Michael Cohen urged a California federal judge Friday to stay adult film star Stormy Daniels' suit over her agreement to keep quiet about a purported affair with Trump, arguing that the recent FBI raid of Cohen's office leaves him unable to defend the suit without imperiling his Fifth Amendment rights.

  • April 20, 2018

    NJ Won't Join FCA Suit Over Turf Sold To Schools, Towns

    New Jersey has declined to intervene in a False Claims Act suit brought by former FieldTurf USA Inc. executives alleging that the company knowingly sold defective artificial field turf to schools and towns but concealed the defects from the consumers.

  • April 20, 2018

    Gazprom Files For Contract Termination In Gas Supply Row

    Gazprom on Friday asked arbitrators in Stockholm to sign off on its decision to terminate gas supply and transit contracts with Ukraine's Naftogaz, after negotiations to restart supplies following Naftogaz's $2.56 billion arbitral award ended without a deal.

  • April 20, 2018

    Disney Workers Urge 9th Circ. To Revive Valeant ERISA Suit

    Former Walt Disney Co. employees have urged the Ninth Circuit to revive their suit alleging their pension plan trustees breached a fiduciary duty by not monitoring a mutual fund’s investments in now-embattled Valeant, arguing the lower court incorrectly treated their allegations as stock-drop claims.

  • April 20, 2018

    Arnold & Porter Picks Up Antitrust Partner In London

    Arnold & Porter has hired a veteran international arbitration and antitrust litigation attorney with a background in investor state and commercial contract disputes from Shepherd and Wedderburn LLP, the firm recently announced. 

  • April 20, 2018

    Models, Management Cos. Spar In NY Over Wage Suit

    A New York judge on Friday put tough questions to a fashion model who seeks to lead a class action over low pay by three management firms, telling her that her claims may be too vague but also telling the defendants that the suit may make it to discovery.

  • April 20, 2018

    Kraft Unit's NY Peanut Butter Arbitration Paused In Australia

    An Australian judge refused to lift an order barring a Kraft Heinz Co. subsidiary from proceeding with a New York arbitration stemming from an Australian dairy company's alleged misuse of Kraft's peanut butter jar design, saying Friday the parallel proceedings could lead to inconsistent findings.

  • April 20, 2018

    NY Wheel Dismissal Ruling Put Off For Renewed Mediation

    A Delaware judge on Friday put off until next week ruling on the dismissal of the Chapter 11 case of the bankrupt design and build team for the proposed New York observation wheel, after attorneys for the team said they had restarted negotiations with the project’s developer.

  • April 20, 2018

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

    The last week has seen a contract dispute erupt between Russia's Sberbank and a fellow state-controlled bank in Azerbaijan, Greece's Alpha Bank sue more than a dozen Lloyd's syndicates, and underwriters and Lit Securities take on Morgan Stanley.

  • April 20, 2018

    Tribe Opposes Railroad's Appeal Bid In Right-Of-Way Suit

    The Swinomish Indian Tribal Community urged a Washington federal judge Thursday not to permit an appeal of his rulings in favor of the tribe in its suit alleging BNSF Railway Co. shipped crude oil across reservation land in violation of an agreement, saying the railroad is merely trying to prolong the case.

  • April 20, 2018

    ATM Co. Wants Back Funds Transferred In 'Clerical Error': Suit

    Cardtronics USA Inc., the world's largest ATM operator, on Friday sued gas station operator MTS Enterprises LLC for allegedly refusing to return more than half a million dollars to Cardtronics — money the company said it mistakenly transferred to MTS in an “innocent clerical error." 

  • April 20, 2018

    3rd Circ. Revives Suit Over $2.5M Bond Investment

    In a precedential decision on Thursday, the Third Circuit revived a suit over an investment opportunity turned sour that was dismissed after a $3.5 million settlement had already been reached, after new counsel argued that the federal courts did not have jurisdiction over the case.

  • April 19, 2018

    Lehman Judge Fumes At RMBS Trusts' Distribution Moves

    Trustees for investors who bought toxic residential mortgage-backed securities from Lehman Brothers Holdings Inc. before the 2008 financial crisis got an earful Thursday from a New York bankruptcy judge who fumed that their concerns over how to distribute funds from a $2.4 billion settlement could have been raised months ago.

  • April 19, 2018

    MoMA Trustee Says Koons, Gagosian Delayed Art Deliveries

    Acclaimed sculptor Jeff Koons and art dealer Larry Gagosian were sued for more than $39 million by a Wall Street investor and Museum of Modern Art trustee Thursday over claims they failed to deliver three Koons sculptures on time as part of an alleged Ponzi-like scheme.

  • April 19, 2018

    Bio-Pharm Must Face Generic-Drug Supply Contract Suit

    Illinois-based Bio-Pharm Inc. must face a suit accusing the company of reneging on a drug supply agreement and holding generic medication “hostage” in order to gain a larger share of the profits than originally agreed upon, an Illinois federal judge ruled Thursday.

  • April 19, 2018

    AMC Can Update Bid To Kill Ex-'Walking Dead' Exec's Suit

    A New York court ruled Thursday that entertainment giant AMC could add to its arguments to defeat a $280 million suit brought by former "The Walking Dead" showrunner Frank Darabont and others over royalties from the smash hit program.

  • April 19, 2018

    Invenergy To Pay $1 In Damages For Investor Sale Dispute

    Citing in part a corporate law doctrine of “efficient breach,” a Delaware vice chancellor on Thursday awarded Leaf Clean Energy Company just $1 in damages in an investment dispute with wind farm developer Invenergy Wind LLC that Leaf said should have triggered a $126 million cash-out.

  • April 19, 2018

    Calif. Tech Co. Wants $1M Award Against Pakistani Firm OK'd

    A technology solutions company asked a California federal court on Wednesday to confirm a $1 million arbitral award issued against its former Pakistani business partner in a dispute over a renegotiated services contract, arguing that the Middle Eastern company never showed up to the arbitration.

  • April 19, 2018

    NJ Hedge Fund Owner Can't Escape Convictions In $4M Fraud

    A New Jersey federal court has knocked down a hedge fund owner's bid to overturn his convictions on charges of duping two investors into giving him about $4 million and spending most of it on a lavish lifestyle, finding more than sufficient evidence that he acted with fraudulent intent.

  • April 19, 2018

    ENGlobal, NASCO Denied Quick Wins In Plant Contract Row

    A Texas federal judge on Thursday refused to toss Native American Services Corp. counterclaims lobbed at ENGlobal U.S. Inc. in a dispute over a biomass power plant project contract, finding there was conflicting evidence relevant to deciding if either party breached the deal.

Expert Analysis

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Common Pitfalls In Cross-Border M&A

    Siegmar Pohl

    When negotiating and closing deals between U.S. and European or Asian companies, applying well-known principles of one jurisdiction can sometimes lead to unexpected outcomes in another. Siegmar Pohl and Shin Iwata of Squire Patton Boggs LLP discuss hidden liabilities, cultural differences and other surprises in cross-border mergers and acquisitions.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Where’s The Harm? NJ Justices Offer Consumer Law Insights

    Christina Sarchio

    With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.

  • DC Circ. Puts Union Blocking Charges On Chopping Block

    Kevin Brown

    The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Opinion

    There Is Middle Ground For US Lawyers On AML Regimes

    Matthew O'Hara

    The American Bar Association continues to oppose legislation that would impose certain European Union and U.K. anti-money laundering requirements on U.S. lawyers. The ABA should further consider its approach to this issue as there is a viable middle ground that protects privileged communications and confidential information while advancing the interests of the legal profession, says Matthew O’Hara of Freeborn & Peters LLP.

  • GDPR And HR: 8 Steps To Compliance For US Companies

    Sam Rayner

    American organizations with a European workforce, or presence, should not assume that they can ignore the General Data Protection Regulation in favor of a self-regulatory approach to employee privacy, as is often favored across the U.S., say Sam Rayner and Tom Mintern of Bird & Bird LLP.