Commercial Contracts

  • January 23, 2020

    Katten, Recruiter Settle Dallas Placement Fee Dispute

    Katten Muchin Rosenman LLP has settled claims with Los Angeles-based legal recruiting firm Kossoris Search Inc. in a dispute over Katten's alleged failure to pay a placement fee after hiring a group of partners Kossoris identified to launch a new Dallas office, court records show.

  • January 23, 2020

    Hemp Growers Say CBD Processor Never Paid For Harvest

    An Oregon hemp growing company accused Colorado CBD processor UCANN in state court of accepting a shipment of more than 5,000 pounds of industrial hemp without paying.

  • January 23, 2020

    Judge Gives Zohar Row Attys Homework Over Removal Order

    A New York federal judge gave the attorneys arguing whether a dispute between three Zohar Funds investment vehicles and founder Lynn Tilton belongs in Delaware bankruptcy court a homework assignment, saying they had missed a key Second Circuit opinion.

  • January 23, 2020

    Pa. Driller Wants To Duck Arbitration In Partnership Dispute

    A Pittsburgh-based oil and gas driller wants out of a partnership dispute being handled by the American Arbitration Association, telling a Pennsylvania state court Wednesday that neither it nor two related companies agreed to the process.

  • January 23, 2020

    Deny Bids To Kill AT&T Rate Rulings, Gov't. Urges DC Circ.

    The Federal Communications Commission is urging the D.C. Circuit to stay out of a rate dispute between AT&T and an Iowa local exchange carrier, saying both companies are seeking to overturn an FCC decision that was based on established agency rules for resolving these kinds of disagreements.

  • January 23, 2020

    Texas Court Changes Course To OK Permian Lease Fight Win

    A Texas appellate court on Thursday determined Pathfinder Oil & Gas Inc. is entitled to a 25% working interest in a group of Permian Basin leases, after the Texas Supreme Court held the court had wrongly wiped out a verdict for Pathfinder.

  • January 22, 2020

    Sempra Wins Chancery Fight For Hunt Share Of Texas Utility

    A corporate offspring of bankrupt and sold-off Energy Future Holdings Corp. secured a right to buy an additional stake of a company holding 20% of Texas' largest electric utility Wednesday, after the Chancery Court waded through an "eye-watering" tangle of corporate contracts.

  • January 22, 2020

    ​​​​​​​Unsweet Emotion As Aerosmith Drummer Sues Band

    A Massachusetts state judge on Wednesday denied a bid by Aerosmith's drummer to force the band to let him play at the upcoming Grammy Awards and another event, denying a preliminary injunction motion in a suit the musician filed last week claiming the band is freezing him out without good cause. 

  • January 22, 2020

    Car Dealer Must Face Seinfeld's Fake-Porsche Suit

    A California-based classic car dealer can’t escape allegations that it may have sold a fake 1958 Porsche to Jerry Seinfeld, a New York federal judge ruled Wednesday, rejecting the car dealer’s arguments that the suit should be dismissed and finding that the New York court has personal jurisdiction in the matter.

  • January 22, 2020

    Snell & Wilmer Fights DQ Bid In EB-5 Project Suit

    Snell & Wilmer LLP fired back at a bid to boot it from representing entities alleged to be at odds with each other in a suit from Chinese investors seeking to recoup money they sank into a condo project as part of the EB-5 visa program, saying there’s no basis for disqualification.

  • January 22, 2020

    Ex-Domino's Driver Asks 6th Circ. To Revive No-Poach Suit

    A former driver for Domino's Pizza Inc. has told the Sixth Circuit that the lower court was wrong to force his case targeting no-poach provisions in the chain's franchise agreements into arbitration.

  • January 22, 2020

    DLA Piper Nabs Employment Pro From K&L Gates In Texas

    DLA Piper has hired a former K&L Gates LLP partner with more than three decades of experience defending companies such as Halliburton and United Services Automobile Association in race, disability and age discrimination cases to join the firm's employment practice in Dallas as a partner.

  • January 22, 2020

    5th Circ. Asked To Revisit OK Of Wind Investors' $63M Award

    The American arm of China's state-run aerospace corporation has urged the Fifth Circuit to reconsider its decision to enforce a $62.9 million arbitral award in favor of fellow investors in a failed wind energy joint venture, saying the decision threatens to "eviscerate" safeguards essential to ensuring fairness.

  • January 22, 2020

    4th Circ. Won't Revive Commodities Firm's Oil Deal Suit

    The Fourth Circuit on Wednesday refused to revive a Swiss commodities trading company's suit accusing executives of a British Virgin Islands petroleum company of costing it at least $30 million through misrepresentations on a deal to transport fuel from Iraq.

  • January 22, 2020

    Gaming Co. Wins $5.4M Claim Over Tribal Casino Project

    A California federal judge has ruled in favor of a company that claims tribe members lured it into investing $5.38 million in a sham casino project, a decision that frees the company to pursue racketeering claims.

  • January 21, 2020

    Theater Owners Fight DOJ's Bid To Nix Longtime Protections

    Trade groups representing theater owners have urged a New York federal court not to let the Justice Department terminate rules that have governed major film studios for 70 years, saying the protections are more important now than ever.

  • January 21, 2020

    Chemical Co. To Take Tribal Waste Permit Case To High Court

    FMC Corp. urged the Ninth Circuit on Friday to put a hold on a ruling that the chemical maker must pay $1.5 million in yearly permit fees to store hazardous waste on the Shoshone-Bannock Tribes' reservation, saying the company might have trouble getting its money back if it ultimately wins its case.

  • January 21, 2020

    Dental Supplier Nears Deal In Part Of Antitrust Row

    Dental supplier Archer & White Sales is on the verge of settling two sets of antitrust claims that were bound for trial in Texas federal court later this month, leaving only a single set of allegations that a competitor is again trying to force into arbitration.  

  • January 21, 2020

    Justices Zero In On Consent In Steel Plant Arbitration Fight

    The U.S. Supreme Court on Tuesday stressed that parties must consent to arbitration as it considered whether to allow nonsignatories to an international arbitration agreement to force arbitration of a dispute, an unsettled area of U.S. law that critics say has caused uncertainty for the international business community.

  • January 21, 2020

    Law Preserves FERC Role In PG&E Bankruptcy, 9th Circ. Told

    The Federal Energy Regulatory Commission has told the Ninth Circuit that Pacific Gas & Electric Co. can't argue around the Federal Power Act barring bankruptcy courts from determining FERC's role in any effort by the utility to use restructuring to ditch power purchase agreements.

  • January 21, 2020

    Oneok Overpromised On Gas Pipeline, Texas Builder Says

    A Texas construction company accused a pipeline company affiliated with Oneok Inc. on Monday of misrepresenting the status of an 80-mile natural gas pipeline project and making promises it knew it couldn’t keep during contract discussions.

  • January 21, 2020

    Ex-Tinder Exec To Take Sexual Assault Suit To 9th Circ.

    A former Tinder executive claiming the dating app company fired her for complaining about a sexual assault by its parent company's then-CEO is appealing a California federal judge's decision to send her retaliation and assault claims to arbitration, according to a notice of appeal filed Tuesday.

  • January 21, 2020

    PennyMac Says 'Monopolist' Software Co. Must Face Lawsuit

    PennyMac Loan Services is pushing back on Black Knight Inc.’s bid to dismiss antitrust claims in a recent dispute between the two companies, calling the mortgage servicing software provider “the very definition of a 'monopolist.’”

  • January 21, 2020

    9th Circ. Won't Rethink Voiding AT&T Arbitration Agreement

    The full Ninth Circuit won't review a panel's ruling that voided an arbitration agreement AT&T had a customer sign, forcing the mobile behemoth to face a decade-old class action accusing it of misleading customers about overseas roaming fees.

  • January 21, 2020

    Tech Biz Says Too Late To DQ Firm In $100M Army Bid Fight

    A technology company fired back at a former business partner's bid to disqualify Miles & Stockbridge PC in a dispute over a $100 million U.S. Army contract, slamming the move as "untimely."

Expert Analysis

  • Recent Developments Show Importance Of Int'l Sport Court

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    Ian Blackshaw, a member of the Court of Arbitration for Sport, provides an overview of the court and analyzes recent changes and cases, including a hearing on the Russian athletes' ban by the World Anti-Doping Agency.

  • The Rise Of The No-Indemnity M&A Deal

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    The increasing use of a private M&A transaction structure that allows sellers to exit without indemnity obligations makes it crucial for buyers to focus on representation and warranties insurance policy terms as their only means of recourse, say Ann Dorsett and Gregory Hawver at McGuireWoods.

  • Legal Lessons From Esports Sponsorship Deals

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    Riot Games’ recent global partnerships with Louis Vuitton, OPPO and Red Bull may provide a potential template for other companies, leagues and players seeking to form similar agreements, and they should serve as a reminder of how carefully constructed such deals will need to be, say James Chang at Pillsbury and Sean Gilbert and Neil Thakur at Teknos Associates.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • A Noncompete Consideration Split In Ill. State, Federal Courts

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    Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.

  • Ritzen Creates Uniformity On Bankruptcy Stay Appeals Timing

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    The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.

  • 3 Federal Court Rulings Highlight Key Privilege Lessons

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    Recent decisions from federal courts in Illinois, Delaware and New York illustrate the importance of proactively thinking about attorney-client privilege issues such as proper procedures for conducting a review, how common interest privilege can be invoked and when public relations firm communications are protected, say attorneys at Paul Weiss.

  • 4 Cases That Will Shape Clickwrap Litigation In 2020

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    Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • Tightening Up Contracts In A Hardening Insurance Market

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    Commercial property insurance terms and conditions have softened in the last decade, but underwriters may consider adding important clauses into their contracts as the market shows signs of hardening, say Jason Reeves of Zelle and Helen Campbell of Argo Insurance Bermuda.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • To Improve Instagram Copyright Issues, Look To Music World

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    The music industry may offer a model for adapting the copyright law landscape to new concerns from photographers and other content creators engendered by Instagram’s wide-reaching platform, including a more seamless and accessible registration process, says Qian Julie Wang of Robins Kaplan.

  • 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

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    Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.