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Commercial Contracts

  • March 21, 2019

    Afghan Man Can’t Duck Counterclaims in Army Contract Suit

    An Afghan national suing an American man for breach of contract over their partnership on a joint venture in Afghanistan can’t escape counterclaims from his former business partner, a Tennessee federal judge has ruled.

  • March 21, 2019

    Chancery Threatens Charter's Contractor With Arrests

    In a rare fire-and-brimstone ruling, a Delaware vice chancellor found the top officer of a cloud services contractor to Charter Communications Operating LLC in contempt late Thursday and gave the business until Monday to restore Charter’s access to a crucial sales force pay platform or face the prospect of court-ordered arrests.

  • March 21, 2019

    Ill. Supreme Court Tosses Union's $2M Real Estate Bill

    An Illinois Teamsters union local should not be liable for the outstanding balance on a property it leased for office space because the union didn’t follow statutory procedure to execute the agreement in the first place, the state’s highest court ruled Thursday.

  • March 21, 2019

    Bank Can't Undo Default Win, Left With $4.9M Error

    An Illinois bank that has been trying for five years to undo what it says was a $4.9 million overpayment for a foreclosed property had its latest attempt shot down by a state appeals court on Wednesday.

  • March 21, 2019

    Qualcomm Can Seek Claim Apple Forfeited FRAND Rights

    A California federal judge has allowed Qualcomm to pursue its counterclaim in an antitrust suit that Apple forfeited rights to favorable licensing terms for smartphone technology.

  • March 21, 2019

    5 Firms To Get $214M In $1.5B Syngenta MDL Corn Settlement

    Five law firms will receive $214 million in fees from the $1.5 billion Syngenta AG tainted corn settlement after a Kansas federal court adopted those same firms' recommendation on how to allocate some of the money.

  • March 21, 2019

    Judge Says He Can't Decide $15M Sears Credit Card Row Yet

    A New York bankruptcy judge told Sears and a hedge fund owned by its former CEO on Thursday that he'll need more time and evidence before he can decide the rightful owner of $14.6 million in credit card receipts.

  • March 21, 2019

    JV Members Can't Rewrite Contract They Didn't Read

    Two members of a group of California real estate investment ventures lost their bid to have the ventures’ operating contracts rewritten Wednesday in Delaware Chancery Court when a judge ruled that not reading the contracts doesn’t entitle the members to have agreed-upon provisions negated.

  • March 21, 2019

    'Real Housewives' Star Settles Signature Apparel Suit

    An apparel company formerly owned by “Real Housewives of New Jersey” star Christopher Laurita says it has reached a $500,000 settlement of its claims that Laurita and his family's spending habits sent the company into Chapter 11.

  • March 21, 2019

    Equistar Asks Redo To Prove $5M Damages For Faulty Pumps

    Equistar Chemicals LP was wrongly prohibited from presenting evidence to a jury that would have shown its damages stemming from faulty ethane pumps were $5.1 million, as it argued, and not the $37,500 it was awarded, its counsel told a Texas appellate court on Thursday.

  • March 21, 2019

    Paving Co. Demands $7.4M Under Army Base Subcontract

    A California paving contractor sued a pair of construction companies, their joint venture and four insurance companies in Oklahoma federal court Wednesday over nearly $7.4 million in unpaid work done on an Oklahoma Air Force base construction project.

  • March 21, 2019

    RICO Claim Tossed In Fla. Suit Against Timeshare-Exit Firm

    A Florida federal court on Thursday partly granted Aaronson Law Firm's motion to dismiss timeshare resort developer Club Exploria's suit alleging the firm encouraged customers to back out of their contracts, trimming several counts including one claiming violations of the Racketeer Influenced and Corrupt Organizations Act.

  • March 20, 2019

    Ex-Partner Appeals To Pa. Panel For Carlson Lynch Database

    An expelled partner from Pittsburgh-based Carlson Lynch LLP asked the Superior Court of Pennsylvania on Wednesday to lift a temporary stay preventing him from accessing the firm’s database of investigative material.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Seadrill Can't Dodge Oro Negro Ch. 15 Depo Subpoena

    Seadrill Ltd. cannot duck a subpoena seeking to unearth what the company knew about alleged efforts to disrupt rival Perforadora Oro Negro's Gulf of Mexico oil drilling operations, a New York bankruptcy judge ruled Wednesday, saying it would not be overly burdensome for the company to designate a suitable deponent.

  • March 20, 2019

    Ex-Diplomat Tells Jury Alleged Forced Labor Was Aboveboard

    An attorney for a former Chinese diplomat accused of using workers from his home country as forced labor in U.S. construction projects made his final pitch to a Brooklyn jury Wednesday, arguing there was a legitimate employment arrangement with the supposed victims.

  • March 20, 2019

    Federal RICO Claims Tossed In Ga. Real Estate Fraud Suit

    The sons of a real estate fraudster who allegedly helped cheat Chinese investors out of more than $20 million partially won their bid Wednesday to cut racketeering claims from a suit filed against them in Georgia federal court.

  • March 20, 2019

    'Contradictory' Claims Can't Stand In $100M IP Dispute: Judge

    An Illinois federal judge found some of the allegations in a $100 million trade secrets fight lacking Wednesday, saying a company that helps data centers retain uninterrupted power during outages offers "contradictory and confusing" claims about a private equity-backed rival's purported misappropriation.

  • March 20, 2019

    Qualcomm Can't Block Antitrust Troubles From Trial: Apple

    Qualcomm can't be allowed to block any mention of separate antitrust actions from its upcoming multibillion-dollar trial against Apple over the chipmaker's licensing practices, Apple told a California federal judge Wednesday.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • How The SEC Eased In-Person Director Voting Rules

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    Last month, U.S. Securities and Exchange Commission staff issued a no-action letter permitting fund and company boards of directors to meet and take certain actions by telephone or video conference when directors cannot meet in person. But the validity of contracts entered into in such circumstances is unclear, say attorneys with Proskauer Rose LLP.

  • Profit Participation Mediation Tips From The 'Bones' Case

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    Despite the inevitable rocky start typical of profit participation mediation cases, a settlement can usually be achieved if parties avoid engaging in premature mediation and carefully address key open issues, some of which were exemplified in the "Bones" arbitration decided last month, says Bruce Isaacs of Signature Resolution.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • An Employment Lawyer's Guide To M&A Due Diligence

    Excerpt from Lexis Practice Advisor
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    In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Key Points For Negotiating 5G Cell Site Contracts

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    As nationwide deployment of 5G networks gathers steam, unexpired cell site agreements will have to be revisited and many new ones will have to be negotiated. When doing so, dealmakers will want to pay special attention to a few real property issues that are often overlooked, say Walt Sapronov and Robert Turner III of Sapronov & Associates PC.

  • Opinion

    US Antitrust Law Supports An FTC Win Against Qualcomm

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    Though general propositions of antitrust appear to pose serious threats to the Federal Trade Commission's case against Qualcomm in the Northern District of California, a closer look shows how Qualcomm's use of its patents has distorted the competitive process, says Thomas Cotter of the University of Minnesota Law School.

  • Trump's NDA Use Raises 1st Amendment Questions

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    With respect to the First Amendment, the reported terms of President Donald Trump's nondisclosure agreements for White House staff do not conform with legal precedent because they extend past employees’ service and do not narrowly target classified or confidential information, says Leonard Samuels of Berger Singerman LLP.