Commercial Contracts

  • May 29, 2020

    Pierce Bainbridge Calls Interim Class Lead Bid Premature

    Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    U.S. Bank Fights Commerzbank's Redo Bid In RMBS Suit

    U.S. Bank NA shot back at Commerzbank's bid to reconsider a court order trimming the German bank's suit over U.S. Bank's stewardship of pre-crisis residential mortgage-backed securitization trusts, telling a New York federal court that its ruling resolved several issues and needs "no epilogue."

  • May 29, 2020

    'Storage Wars' Star Loses Fight Over Public Storage Bounty

    "Storage Wars" reality show star David Hester lost his latest battle Thursday with Public Storage over the chain's efforts to rescind his bounty from a $12,000 auction, after a California appeals court affirmed a finding that Public Storage properly voided the sale under contracts Hester signed.

  • May 29, 2020

    AdventHealth Sues Attorney Over Failed $57.5M Masks Deal

    Adventist Health System says a California attorney and a company that failed to deliver on a $57.5 million deal for 10 million N95 masks have refused to return $2 million in escrow funds even though the deal fell apart, according to a suit filed Friday in Florida.

  • May 29, 2020

    Texas Justices To Consider Royalty Clause Dispute

    The Texas Supreme Court on Friday agreed to review an oil and gas developer's dispute with royalty owners over whether the company can charge them for post-production costs.

  • May 29, 2020

    DOJ, Doormaker Defend Private Tie-Up Challenges At 4th Circ.

    The importance of private litigants to U.S. antitrust enforcement was a significant part of oral arguments on Friday, as the U.S. Department of Justice and a doormaker urged the Fourth Circuit not to upend a first-of-its-kind divestiture order against a rival company.

  • May 29, 2020

    Columbia Care Accused Of Plot To Steal Fla. Pot License

    Cannabis industry juggernaut Columbia Care is facing a lawsuit in New York state court over claims it conspired to steal a Florida medical marijuana license from the company that applied for it.

  • May 29, 2020

    Hotel Biz Can't Upend $296M Award In Casino Contract Fight

    A Singaporean court rejected the latest efforts by hotel company Bloomberry Resorts Corp. to dodge an arbitration tribunal's ruling that it owes $296 million to a casino management company it wrongly ousted from a deal to manage its $1.2 billion Solaire Resort & Casino in the Philippines.

  • May 29, 2020

    Pet Products Maker Accused of Monopolizing Online Market

    Pet products maker Ceva Animal Health LLC was hit with an antitrust lawsuit from a former distributor, which claimed the company wrongfully obtained more than 75 percent of the online market for pheromone-based pet behavior products by intentionally damaging pet store sales and undercutting its erstwhile partner for online sales.

  • May 29, 2020

    Lye Makers Want Out Of National Consolidated Antitrust Suit

    Lye makers who stand accused of working together to inflate the price of their caustic product have a laundry list of reasons they think the freshly consolidated antitrust suit against them dissolves under scrutiny.

  • May 29, 2020

    Farmers Want To Delay Peanut Price-Fix Trial Over COVID-19

    Farmers and companies suing three of the largest players in the U.S. peanut shelling industry are asking a Virginia federal judge to postpone the start of their mid-January price-fixing trial for at least four months, citing coronavirus-related discovery challenges and an overlap with another case.

  • May 29, 2020

    9th Circ. Urged To Rethink Asbestos Coverage Reversal

    A pool company has asked the full Ninth Circuit to rehear a case over whether it is responsible for homeowners' asbestos-related claims, arguing that a panel had misapplied California law by letting the company's previous owner off the hook for some of the liability.

  • May 29, 2020

    Energy Co. Says It Hasn't Seen $63M Award 5th Circ. Upheld

    Renewable energy company Soaring Wind Energy asked a Texas federal judge Thursday to order the American arm of China's state-run aerospace corporation to hand over a nearly $63 million arbitral award it allegedly has refused to pay even after the Fifth Circuit upheld it in January.

  • May 29, 2020

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

    The past week in London has seen German financier Lars Windhorst dragged into court by a hospitality company, an Emirati lender sue former executives of a scandal-hit health company, and a bank representing the estate of musical artist Prince file IP claims against a unit of a major record label.

  • May 28, 2020

    Zion Williamson Says NCAA Eligibility Not Relevant To Suit

    NBA No. 1 pick Zion Williamson blasted his former agent's attempts to make him address allegations he received improper benefits while playing for Duke University, arguing such requests are uncalled for and irrelevant to the legal dispute over his decision to switch agents last year.

  • May 28, 2020

    Nev. Officials Probe MedMen Exec's Campaign Contributions

    The Nevada secretary of state on Thursday said he is investigating allegations that former MedMen CEO Adam Bierman sought to evade campaign finance laws by pressing a former executive to donate to a Silver State politician.

  • May 28, 2020

    Dartmouth Latest Ivy Sued Over Tuition Amid COVID-19

    When Dartmouth closed its doors and sent students home amid the coronavirus pandemic, those students lost the education experience they paid for and should have been refunded a portion of their tuition, according to a proposed class action filed Thursday in New Hampshire federal court.

  • May 28, 2020

    Newspaper Union Says Arbitrator, NLRB Ruling Not In Conflict

    A union representing the Pittsburgh Post-Gazette's newsroom staffers wants a Pennsylvania federal judge to enforce an arbitrator's finding that the newspaper wrongly refused to chip in more for the workers' health insurance after a collective bargaining contract expired.

  • May 28, 2020

    Pa. Mall Lender Says COVID-19 No Escape From Rent Seizure

    The loan servicer for a Pittsburgh-area shopping center said a major tenant's rent reduction was a valid trigger for diverting all the tenants' rents toward its debt repayment and said the mall couldn't cite the COVID-19 pandemic to get an emergency injunction, according to filings in federal court Thursday.

  • May 28, 2020

    Anadarko Can't Duck Wyoming Landowners' Antitrust Suit Yet

    Anadarko Petroleum Corp. hasn't mounted a strong enough case to convince a Wyoming federal court to dismiss claims that the company has been collecting drilling permits it doesn't intend to use in order to keep others from profiting off certain swaths of land.

  • May 28, 2020

    Damages Analysis Tossed From BNY Mellon RBMS Action

    A federal judge in Manhattan on Thursday decided that a damages analysis is no longer admissible in a suit accusing Bank of New York Mellon of failing to protect investors in residential mortgage-backed securities.

  • May 28, 2020

    11th Circ. OKs Awards In Imax Fight With Panamanian Co.

    The Eleventh Circuit on Thursday affirmed a pair of arbitral awards issued to a Panamanian media company in a dispute stemming from a soured deal to roll out Imax theaters in Latin America, rejecting the Canadian large-format film company's argument the tribunal had exceeded its powers.

  • May 28, 2020

    Indian Generic Pharma Co. Can't Get $500M Award Nixed

    A Singapore court has refused to set aside an award issued to a Japanese company that appears to be drugmaker Daiichi Sankyo Co. Ltd. following a soured $4.6 billion deal in which it bought the majority stake in a major Indian pharmaceutical manufacturer.

  • May 28, 2020

    Philly Firm Sues Insurer Over COVID-19 Losses

    Philadelphia-based business and commercial law firm Spector Gadon Rosen Vinci PC has filed suit against its insurance company in Pennsylvania state court, saying the company wrongly refused to approve a claim the firm filed after its offices were closed due to the COVID-19 pandemic.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Entertainment Cos. May Not Be Insured For Pandemics

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    With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Top 10 Employment And Benefit Issues In Bankruptcy Cases

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    Companies seeking bankruptcy relief in the wake of the coronavirus pandemic should be aware of crucial aspects of the employee and debtor-employer relationship that are critical to a smooth transition into Chapter 11 and a chance at successful reorganization, say attorneys at Squire Patton.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • COVID-19, Contango And Energy's New Economic Reality

    Excerpt from Lexis Practice Advisor
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    During the current pandemic, counsel for energy companies must be prepared for the market condition known as contango — where short-term and long-term energy prices operate differently — and with pressure from banks providing reserve-based lending facilities, says Cameron Kinvig at Lexis Practice Advisor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • NY Ruling Highlights Limits To Employee Noncompetes

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    Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

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