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Commercial Contracts

  • May 17, 2019

    Vantage Gets $720M Petrobras Award OK'd By Texas Court

    A Texas federal judge on Friday confirmed a $720 million arbitral award issued to Vantage Deepwater Co. following a dispute with Petrobras over a canceled drilling contract, rejecting arguments that the tribunal had failed to properly consider whether the contract was procured through bribery.

  • May 17, 2019

    Symrise Accused Of Raiding Refresco To Develop New Drink

    Dutch soft-drink company Refresco Beverages U.S. Inc. has sued flavoring and fragrance maker Symrise Inc. in New Jersey federal court, alleging it is conspiring with former Refresco executives and researchers to develop a new soft drink for a competitor using its resources and trade secrets.

  • May 17, 2019

    Don't Reduce Arbitration To 'Sham' Proceeding, 5th Circ. Told

    China’s state-run aerospace corporation again told the Fifth Circuit on Thursday to overturn the confirmation of a $70 million award over a soured joint venture, arguing that the prevailing companies' perspective would turn arbitrations into “sham proceedings.”

  • May 17, 2019

    Dysfunction Leads Del. Chancery To Dissolve Pharma Co.

    A Delaware chancellor ordered the liquidation and dissolution of a pharmaceutical development company Friday, saying disagreements among the company's three managers have created a deadlock that has frozen operations and doomed its future prospects.

  • May 17, 2019

    GNC Says Unauthorized Amazon Reseller Tarnishes Its Name

    GNC said an unauthorized, Brooklyn, New York-based Amazon store is damaging the company's reputation by selling knockoffs of its products or second-hand goods without GNC's customer service or quality controls, according to a lawsuit filed Friday in Pennsylvania federal court.

  • May 17, 2019

    Robinson Bradshaw Liable For Diversity Promises, Atty Says

    Law firms should be held liable for deceptive advertising when they lure minority and female attorneys by talking up their diversity and inclusion efforts and then fail to live up to their promises, according to a Thursday filing in a race bias suit against Robinson Bradshaw & Hinson PA.

  • May 17, 2019

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

    This past week has seen a Kazakhstan lender file fraud claims against a dissolved London-based business, a Dubai airport security equipment company sue Barclays, and Yamaha's motorcycle business file claims against a German insurer. Here, Law360 looks at those and other new claims in the U.K.

  • May 16, 2019

    Kanye Collaborator Conned Korean Fashion Co., Suit Says

    Kanye West collaborator Malik Yusef was hit with a lawsuit Thursday in Los Angeles county court claiming he got paid to help a Korean fashion company put together a star-studded ad campaign for a new line of sunglasses, but never intended to deliver.

  • May 17, 2019

    CORRECTED: Facebook Advertisers' Inflated Stats Suit Trimmed

    A California federal judge on Thursday trimmed a putative class action alleging Facebook bolsters its advertising revenue by inflating the potential estimated reach of ads, but said advertisers can amend their suit to describe exactly how Facebook breached its contractual obligations.

  • May 16, 2019

    Texas Appeals Court Awards Equistar Nothing In Pumps Suit

    A Texas appellate court said Thursday that neither Equistar Chemicals nor pump-maker ClydeUnion can recover any damages in a dispute over allegedly faulty ethane pumps, wiping out a lower court's $151,000 award to ClydeUnion because of a litigation cost offset.

  • May 16, 2019

    Chinese Lighting Co. Wants $14.5M Award Confirmed

    A Chinese lighting company asked a California federal court Wednesday to confirm a nearly $14.5 million award against an American lighting distributor stemming from a dispute over unpaid invoices, saying there’s no reason to vacate the arbitrator’s findings.

  • May 16, 2019

    5th Circ. Revives MD’s Securities Suit Against Ex-Biz Partner

    The Fifth Circuit has revived a Texas neurosurgeon's attempt to go after his former financial partner for allegedly violating federal securities law by promising their business venture would net $190 million when it only turned up $11 million, saying a lower court overlooked a threshold issue about whether a security even existed.

  • May 16, 2019

    Jiffy Lube Worker Wants No-Poach Case Kept In Pa.

    A former Jiffy Lube worker explained to a Pennsylvania federal court that he filed his suit challenging no-poach provisions in the company's franchise agreements in the district where the pacts prevented him from both "coming and going" and that the case should not be transferred to Texas.

  • May 16, 2019

    Schwab Leans On Lamps Plus In Push To Sink 401(k) Class

    The U.S. Supreme Court's recent Lamps Plus Inc. ruling supports Charles Schwab Corp.'s argument that class arbitration is off the table for workers claiming the money manager used its 401(k) plan as a cash cow, Schwab told the Ninth Circuit on Wednesday.

  • May 16, 2019

    Benefits Of Arbitration Pacts Hotly Debated At House Hearing

    A fault line emerged at a House Judiciary subcommittee hearing Thursday over whether arbitration agreements that limit class actions are beneficial for workers and consumers, with proponents of such pacts saying they give people a chance to pursue small-dollar claims and opponents arguing instead that they make potential claims vanish.

  • May 16, 2019

    Pa. Justices Cast Doubt On Highmark-UPMC Deal Extension

    Pennsylvania’s highest court seemed unwilling Thursday to indefinitely extend a state-brokered consent decree to require the University of Pittsburgh Medical Center to provide ongoing in-network access to Highmark Inc. insurance holders.

  • May 16, 2019

    Texas Panel Says It Can't Hear Weevil-Infested Pecans Suit

    A Texas appellate panel has dismissed a Canadian confectioner's suit against a Georgia-based nut supplier over weevil-infested pecan bits, determining that Texas courts do not have the authority to rule on the case.

  • May 15, 2019

    Calif. Officially Names PG&E As Cause Of Deadly Camp Fire

    A California agency on Wednesday officially deemed Pacific Gas and Electric’s electrical transmission lines as the cause of the state's deadly Camp Fire, which tore through 153,000 acres, destroyed 18,800 structures and killed 85 people last year.

  • May 15, 2019

    Nissan Says Supplier Should Pay $27M Over Brake-Defect Suit

    After a California state jury found Nissan liable for $25 million over a brake-defect-related car crash, the carmaker is suing brake software supplier Continental for that money plus at least $2 million in legal fees, according to a suit removed to Tennessee federal court on Tuesday.

  • May 15, 2019

    AGs Jeer Proposed Changes To Consumer Contract Guide

    The attorneys general of 23 states and Washington, D.C., have urged the American Law Institute to reject proposed changes to the guidelines set by the organization to help courts deal with consumer contract cases, arguing that consumers would be harmed by what the officials perceive as a loosening of standards.

Expert Analysis

  • 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.

  • To Guard Against Waiving Privilege, Don't CC The Boss

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    Argos Holdings v. Wilmington Trust, a recent New York federal court opinion, cautions that attorneys and companies should not simply assume that privileged communications may be shared with a company’s owner or affiliates without waiving attorney-client privilege, even when the company’s and the owner’s interests are completely aligned, say attorneys at Katten Muchin.

  • PG&E Oversight Battle Looms For FERC, Bankruptcy Court

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    Although the Federal Energy Regulatory Commission recently reasserted its concurrent jurisdiction with the bankruptcy court over the disposition of Pacific Gas and Electric’s wholesale power contracts in bankruptcy, it is reasonable to assume that this clash between two governmental entities will ultimately be resolved in the U.S. Supreme Court, say attorneys at Blank Rome.