Commercial Contracts

  • April 03, 2020

    Designer Says Pure Spectrum CBD Stole Branding IP

    A designer has sued Pure Spectrum CBD in Colorado federal court for more than $900,000, claiming the company stole her branding designs after misleading her on the compensation and company equity stake it would give her for her work.

  • April 03, 2020

    Split 6th Circ. Says Honeywell Doesn't Owe Retirees Benefits

    Honeywell International Inc. did not violate a 2011 collective bargaining agreement by refusing to pay retirees' health care premiums based on contract language capping its contributions, a split Sixth Circuit ruled, with one judge saying the decision shows how "unfairness has now become a part of our governing law." 

  • April 03, 2020

    Payments Co. Seeks Retrial Citing Confused Jury

    Software company iControl Systems USA has asked a Florida federal judge to grant a new trial in a trade secrets case against Financial Information Technologies, claiming that its rival only won at trial after its attorneys confused the jury about the nature of a trade secret.

  • April 03, 2020

    4th Circ. Kicks PWC Consultant's Bias Case To Arbitration

    The Fourth Circuit said Friday that PricewaterhouseCoopers can make a consultant arbitrate her race bias claims because a provision barring defense contractors from arbitrating such claims no longer applies, reversing a district court decision letting her stay in court.

  • April 03, 2020

    Co. Accused Of Infringing Fracking IP Ends Up With $40M Win

    A company accused of infringing a rival's patent for a fracking tool was victorious Friday in its counterclaims after a Texas federal judge entered final judgment of nearly $40 million in damages, saying the rival "acted with wanton and malicious intent."

  • April 03, 2020

    StubHub Sued For Refunds For Coronavirus-Canceled Events

    Online ticket reselling giant StubHub Inc. was hit with a class action in Wisconsin federal court alleging it is reneging on its guarantee to provide cash refunds as many are seeking to get their money back for the thousands of events canceled due to the COVID-19 pandemic.

  • April 03, 2020

    New Trial For Ericsson After Fed. Circ. 'Unravels' FRAND Rate

    Ericsson and Chinese smartphone maker TCL will sort out their dispute over licensing rates for TCL's standard-essential wireless patents at trial, after a California federal judge said the Federal Circuit’s remand of the case “unraveled” his entire judgment.

  • April 03, 2020

    Ex-Hospital Owner Sanctioned For Holding Info In Clinic Fight

    A California federal judge on Thursday sanctioned a Chinese hospital’s former owner for failing to produce documents investors want to use in a $20 million arbitration and foreign litigation in China claiming they were unlawfully pushed out of an in vitro fertilization clinic project.

  • April 03, 2020

    Chancery Finds Fraud In Cancer Drug Firm's Spinoff Deal

    California-based immunotherapy drug developer Harpoon Therapeutics must face damage claims from a Takeda Pharmaceutical subsidiary, after a Delaware vice chancellor’s finding that Harpoon effectively misrepresented the scope of a cancer therapy research and investment opportunity.

  • April 03, 2020

    Justices Asked To Clarify Gateway Arbitration Question

    The U.S. Supreme Court should revisit a multimillion-dollar contract dispute between dental equipment company Henry Schein Inc. and competitor Archer & White Sales Inc. in order to take up a key gateway question of arbitration law that has sown confusion for contracting parties, a leading arbitration scholar at Columbia Law School said.

  • April 03, 2020

    Texas Justices To Hear Insurer's Bid To End Settlement Suit

    The Texas Supreme Court agreed Friday to review an insurer's bid to escape claims it owes a client $100,000 for allegedly negligently negotiating down a settlement in an auto accident suit.

  • April 03, 2020

    PennEnergy Says Judge Has No Conflict In Gas Lease Suits

    Oil and gas driller PennEnergy says a Pennsylvania state court judge wasn’t biased in its favor because she had sold off her family trust’s gas lease with the company months before PennEnergy brought two cases related to disputes with its fellow gas developer Winfield Resources LLC before her.

  • April 03, 2020

    Olympics Delay Could Scramble Sponsorship Deals, Attys Say

    The postponement of the 2020 Olympics due to the coronavirus pandemic will force the International Olympic Committee and games organizers to amend a litany of contracts, including lucrative sponsorship deals that attorneys say could prove tricky — and costly — to renegotiate.

  • April 03, 2020

    Coronavirus Q&A: O'Melveny's Health Practice Chair

    In this installment of Coronavirus Q&A, the health practice chair at O'Melveny & Myers LLP discusses a whirlwind effort with California's governor to rapidly revitalize bankrupt hospitals, looming litigation between health insurers and providers over coronavirus costs, and a potential wave of whistleblower suits involving pandemic-related billing and stimulus funds.

  • April 03, 2020

    Fla. Atty Sanctioned In Wyndham Timeshare Exit Scheme Suit

    A Florida federal judge on Thursday granted timeshare operator Wyndham’s request for sanctions against a Florida lawyer representing several so-called timeshare exit companies, finding him responsible for his clients’ monthslong defiance of an order to produce evidence in the parties’ false-advertising litigation.

  • April 03, 2020

    ExxonMobil Must Arbitrate Gas Field Fight With Investors

    A Texas federal judge concluded Friday that a Canadian ExxonMobil unit and its investors must arbitrate a contract dispute over rights in Papua New Guinea gas fields, saying that the parties are bound by an indirect participation interest agreement.

  • April 03, 2020

    Chesapeake Royalty Suit Is Time-Barred, 6th Circ. Says

    The Sixth Circuit on Friday said Ohio landowners had not shown that a Chesapeake Energy Corp. unit hid their underpayment of natural gas royalties, which would have allowed them to evade a four-year statutory deadline to sue the company.

  • April 03, 2020

    Steel Co. Says It's Owed $22M After Joint Venture Corroded

    Steel rebar company Traxys said it is owed nearly $22 million in cash and inventory after its joint venture partner reneged on their business agreements, according to documents filed in New York federal court.

  • April 03, 2020

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

    The past week in London has seen Hilton lodge competition claims against Visa and Mastercard, a hedge fund slap a family-run investment company with a trademark case, and two oil explorers working in Africa square off in court. Here, Law360 looks at those and other new claims in the U.K.

  • April 03, 2020

    What Attys Must Know About The Push For Texas Drilling Cuts

    Texas regulators are fielding calls to curtail production — a step last taken by the state nearly 50 years ago — as the industry grapples with a historic oil price crash due to coronavirus-depressed demand and a growing supply glut. Here, Law360 breaks down the state's authority to curtail production and its potential ripple effects on the contracts that undergird the state's oil and gas industry.

  • April 02, 2020

    CEO Must Testify In Chancery On Firm's 'Reprehensible' Acts

    A Delaware vice chancellor on Thursday said testimony from the CEO of a cloud services firm embroiled in a long-running contract dispute with Charter Communications is needed to determine if his company's allegedly "reprehensible" conduct during litigation warrants dismissal of counterclaims it has lodged against Charter.

  • April 02, 2020

    Weinstein Suit's Bankruptcy Link Ties It To SDNY, Court Told

    Harvey Weinstein's younger brother Bob argued Wednesday that a former Polish model's suit alleging she was sexually assaulted by the convicted Hollywood mogul at age 16 should remain in New York federal court.

  • April 02, 2020

    Calif. Supreme Court Revives Suit Over $414M Chinese Award

    California's highest court ruled Thursday that an international treaty dealing with service of process didn't trump a deal between a U.S. investment partnership and a Chinese font company to serve each other via courier, reviving the American company's bid to enforce a $414 million arbitral award.

  • April 02, 2020

    Federal Law Stops Pot Investor From Recovering $4.7M Loans

    A Nevada federal judge has thrown out a claim of unjust enrichment brought by a medical marijuana business investor that sought to recover $4.7 million in loans, saying the investor would have "unclean hands" if the court were to reach the company's alternative claim.

  • April 02, 2020

    Generator Co.'s Fight Over $2.4M Arbitral Award Reopened

    A New York federal judge has granted a Chinese manufacturer's bid to reopen a suit seeking to nix a $2.4 million arbitral award it won stemming from a U.S. generator recall, in light of the arbitrator's amended final award.

Expert Analysis

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Environmental Compliance Essentials During The Pandemic

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    Organizations can take certain steps now to ensure they are able to meet environmental compliance obligations during the COVID-19 pandemic — or to obtain relief based on force majeure, impossibility or impracticability of performance, compliance-with-all-laws clauses, enforcement discretion, or emergency relief provisions, say Bernadette Rappold and Christopher Bell at Greenberg Traurig.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • 'Prompt Pay' For Construction May Still Apply Amid COVID-19

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    With prompt pay laws requiring strict adherence to contractual or statutory deadlines in Pennsylvania, New York and New Jersey, property owners and contractors should exercise caution in withholding payments for construction projects that may be due during the COVID-19 pandemic, say Teri Sherman and Gaetano Piccirilli at Klehr Harrison.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

  • Tips For Executing Contracts Electronically Amid Pandemic

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    While COVID-19 has created unprecedented challenges for even commonplace tasks like contract execution, federal and state legal frameworks offer practical alternatives to manual signing, say attorneys at Cleary.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Revisiting Franchise Agreements In Light Of COVID-19

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    It is not too early for franchisors to review their standard franchise agreements because of the coronavirus pandemic. Eight provisions may need to be revised for new sales going forward, says Michael Gray at Lathrop.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Fla. Construction Industry Faces Unique COVID-19 Challenges

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    In light of the new statewide edict Florida Gov. Ron DeSantis has issued in response to COVID-19, Robert Alfert and Lacey Corona of Nelson Mullins set forth practical guidance and recommendations on how the state's construction and development industry can adapt to the labyrinth of state and local executive orders.

  • Opinion

    Congress Must Bolster Bias Remedies After Comcast Ruling

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    The U.S. Supreme Court’s Comcast v. National Association of African American-Owned Media ruling still allows plaintiffs to fight summary judgment in discrimination cases, but Congress must step in to ensure their ability to win relief at trial, says Michael Lieder at Mehri & Skalet.

  • What COVID-19 Means For Calif. Real Estate And Use Permits

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    In California, the coronavirus pandemic and the state's response have raised important questions for those involved in pending or approved construction projects, as well as existing businesses that require modification or emergency funding, say Stephanie Smith and Avneet Sidhu at Grid Legal.

  • Telehealth During COVID-19: New Rules And Considerations

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    Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

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