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Commercial Contracts

  • May 21, 2019

    Natixis Seeks More Discovery In $877M RMBS Dispute

    A unit of French lender Natixis urged a New York state judge Tuesday to allow further discovery as it battled to save its third-party suit seeking to shift liability onto Wells Fargo for an $877 million residential mortgage-backed securities trust filled with toxic loans.

  • May 21, 2019

    Trustee Not Liable For $168M RMBS Loss, 3rd Circ. Says

    A Third Circuit appeals panel on Tuesday rejected IKB International SA's bid to revive a suit blaming Wilmington Trust Co. for a $168 million loss on residential mortgage-backed securities investments, saying the bank hadn't shown the trustee violated its contractual obligations.

  • May 21, 2019

    Justices Save TM Licensees From Contract Conundrum

    The U.S. Supreme Court handed trademark licensees a significant victory Monday and spared them a potential “sea change” in contract law by ruling that brand owners in bankruptcy protection do not have the unilateral right to rescind trademark licensing agreements, experts say.

  • May 21, 2019

    CVS Defends Contract Counterclaim In Sentry Antitrust Suit

    Sentry Data Systems Inc. cannot duck a breach of contract counterclaim accusing it of botching its performance as CVS’ administrator for a federal program for discounted drugs, the pharmacy giant told a Florida federal judge Monday.

  • May 21, 2019

    Chancery Denies Legal Fee Recovery For ServiceMesh Buyer

    The Delaware Chancery Court on Tuesday shot down a cloud platform company's bid to make equity holders of an acquired company pay part of an $18 million-and-rising legal bill for its ex-CEO, who was accused of orchestrating a fraudulent, $98 million postmerger earnings bonus in 2014.

  • May 21, 2019

    Blue Cross Can't Escape Tribe's Health Care Fraud Suit

    Blue Cross Blue Shield of Michigan must face allegations that it committed health care fraud by breaking a promise to give a Native American tribe discounts on treatment, a Michigan federal judge ruled Monday, trimming the lawsuit but refusing to toss it.

  • May 21, 2019

    Law Group Won't Approve Controversial Report This Year

    The American Law Institute pushed back its approval of a controversial report on consumer contracts law Tuesday after its membership of judges, law professors and practitioners spent hours debating its impact on internet users.

  • May 21, 2019

    Insiders Look Back At Epic Systems' Rise To The High Court

    A question seemingly destined for Supreme Court review. The unexpected death of a renowned conservative justice. The NLRB and the DOJ on opposite sides of a case. Here, in the second of a four-article series marking the anniversary of the blockbuster Epic Systems ruling, attorneys who were involved offer an insider’s view of 2018's biggest employment case.

  • May 21, 2019

    Bids To Avoid ACI-KeyBank Trial Fall Short, Both Sides Say

    Both sides of a messy dispute over an online banking agreement between ACI Worldwide and KeyBank told a Massachusetts federal judge the other’s bid for a win on some of the claims falls short, with issues that still need to be decided by a jury.

  • May 21, 2019

    Jimmy John's Must Face 'Orphaned' No-Poach Case

    An Illinois federal judge on Tuesday denied a bid from Jimmy John's to escape a proposed class action over no-poach provisions in its franchise agreements, saying that the prior judge in the case already ruled on a similar motion before retiring.

  • May 21, 2019

    Calif. Suit Rips Feds For Axing $929M High-Speed Rail Grant

    California sued the federal government Tuesday, challenging the U.S. Department of Transportation's cancellation of a nearly $929 million federal grant for the Golden State's $77 billion high-speed passenger rail line, saying the rash decision will wreak economic havoc across the state.

  • May 21, 2019

    Fitness Co. Must Face Class Claims Over Membership Deals

    A fitness club company and related businesses fell short in their bid to wipe away class certification in a consumer fraud suit over membership agreements after a New Jersey appeals court said Tuesday they must face claims regarding their cancellation policies.

  • May 21, 2019

    FERC Says It Has Role In Reviewing FirstEnergy Power Deal

    The Federal Energy Regulatory Commission told the Sixth Circuit Monday that a bankruptcy court can't bar it from having a say in whether FirstEnergy Corp.'s bankrupt merchant power unit can shed a power purchase agreement with an electricity cooperative.

  • May 21, 2019

    Mortgage Co. Pushed Shoddy Contractors For Loan, Suit Says

    A Pittsburgh family’s mortgage company improperly made them hire a specific contractor to get a loan for renovating their new home, but the contractor did substandard work and overcharged before quitting, the family said in a lawsuit filed Monday in Pennsylvania state court.

  • May 21, 2019

    Tastykake's Policies Eat Into Distributors' Profits, Suit Says

    A proposed class of Tastykake distributors has launched a lawsuit accusing the snack brand’s parent company of eating into their earnings with a string of unilateral contract changes, including a new provision saddling them with losses for unsold products.

  • May 21, 2019

    Well-Plugging Co. Says Ex-VP Going After Its Clients

    A Houston-based company that specializes in well decommissioning services for the offshore energy industry has sued its former vice president of sales and marketing, alleging he is violating a contract by taking a key client and soliciting others.

  • May 21, 2019

    Clothing Manufacturers Want $1M Over Botched Shipment

    A New York clothing importer has failed to pay more than $1 million for recent shipments after a shipping company improperly delivered the goods without obtaining documents confirming receipt, two Chinese clothing manufacturers told a federal judge Monday.

  • May 21, 2019

    Johnny Depp Owes $350K In Legal Fees, Buckley Says

    Johnny Depp's former law firm Buckley LLP accused the actor in Los Angeles state court on Monday of failing to pay nearly $350,000 in fees for successfully counseling him in a closely watched dispute over the viability of Hollywood handshake agreements.

  • May 20, 2019

    Pro Gamer Slams 'Unregulated,' 'Oppressive' Esports Industry

    Professional esports gamer Turner Tenney — known by his millions of fans as Tfue — says gaming company FaZe Clan Inc. has him trapped in a "grossly oppressive, onerous and one-sided" contract, part of a predatory and largely unregulated industry that systematically exploits its talent.

  • May 20, 2019

    American Airlines Sues Mechanics Over Travel 'Slowdown'

    American Airlines mechanics and their unions have been illegally dragging their feet at work and causing hundreds of delayed and canceled flights in a concerted travel "slowdown" meant to gain leverage in contract negotiations, according to a lawsuit the airline filed Monday in Texas federal court.

Expert Analysis

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Increasing Buyer Leverage In The 'Sign-And-Go-Hard' Era

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    In recent years, transactions requiring real estate buyers to commit their deposits upon execution of purchase agreements have become popular, giving sellers the upper hand at the competitive bid and letter of intent stage. Alan R'bibo and Shannon Snell of Allen Matkins discuss steps buyers can take to protect their deposits.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • The Precarious State Of Public Injunction Waivers In Calif.

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    Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Claiming The 'Iron Throne' With A Noncompete?

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    While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • New Questions Over Corporate Officers' Legal Duties

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    Recent litigation between Hertz and its former executives raises novel questions about whether corporate leaders have a legally cognizable responsibility to set the right “tone at the top,” and the consequences if they fail to do so, say attorneys at Cleary.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • Where The Post-Libor Litigation Tsunami Will Hit

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    The permanent cessation of the Libor rate in 2021 will likely trigger a flood of litigation over many existing contracts that lack effective replacements. Marc Gottridge of Hogan Lovells identifies the types of products that may be most susceptible to disputes.