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Commercial Contracts

  • November 13, 2018

    Palm Families Get More Than $73M In Royalty Fees, Rent

    A New York state judge on Tuesday awarded family members behind the famous Palm steakhouse — who say they were cheated out of intellectual property licensing by the cousins who built a single trendy outpost into an empire — at least $73 million in royalties and lost rent.

  • November 13, 2018

    MillerCoors Wants To Drain Pabst, Jury Told In $400M Spat

    MillerCoors is trying to pour Pabst Brewing Co.'s business down the drain by raising prices under its exclusive agreement to brew Pabst's beers, Pabst said Tuesday during opening statements in the Wisconsin trial over its $400 million contract suit, while MillerCoors said the allegations of a malevolent plot are "perfectly false."

  • November 13, 2018

    Express Scripts, Pharmacy Drama Ends With Last-Minute Deal

    On the first day of trial for a whirlwind breach of contract case between HM Compounding Services LLC and Express Scripts Inc. that has involved attorneys running for the door and significant discovery misconduct, the outstanding claims quickly wrapped up and the parties told a Missouri federal judge Tuesday that they had settled the case.

  • November 13, 2018

    Applebee’s Franchisee’s Ch. 11 Faces Confirmation Hurdles

    Bankrupt Applebee's franchisee RMH Franchise Holdings Inc. said Tuesday it hopes to be able to soon reach an agreement to settle roughly $14 million in possible claims owed to its parent company as a confirmation hearing nears for its Chapter 11 plan.

  • November 13, 2018

    Hertz Say Consumer's Words Discredit Suit On Rental Fees

    The Hertz Corp. is asking an Illinois federal judge to end a proposed class action claiming the rental car company uses misleading names for some of its rental surcharges, saying the consumer has admitted she did not see the names used for the charges before she rented her car.

  • November 13, 2018

    Gaming Co. Urges No Stay For Tribal Casino Suit Appeal

    JW Gaming has urged a California federal judge to toss Pinoleville Pomo Nation members' request that he delay proceedings in the company's suit accusing them of tricking it into investing in a sham casino project, saying the members are unlikely to succeed in their appeal claiming tribal sovereign immunity.

  • November 13, 2018

    High Court Won't Hear $17.3M Fee Dispute In Gas Royalty Row

    The Supreme Court declined Tuesday to take up a challenge to a Tenth Circuit panel's decision that said an incorrect method of calculating the $17.3 million attorneys' fees award for work on a $52 million settlement over gas well royalty payments meant the award should be set aside.

  • November 13, 2018

    Ex-Mayoral Aide Faces Charges Of Misusing Philly Funds

    A top official under Philadelphia’s former mayor was slapped with felony charges Tuesday for allegedly spending some $20,000 in public funds on personal travel, upscale dining and shopping trips and misappropriating another $225,000 that had been earmarked for a city cycling event.

  • November 13, 2018

    11th Circ. Won't Rethink GE Unit's Arbitration Bid In $45M Suit

    The Eleventh Circuit has declined to reconsider its decision that an Alabama steel plant owner doesn’t have to arbitrate its $45 million dispute with a French unit of General Electric Co. over allegedly faulty motors because there’s no written arbitration agreement between the parties.

  • November 13, 2018

    NJ Arbitration Clauses Must Specify Forum, Court Says

    A New Jersey appeals court Tuesday revived a former Jenny Craig Inc. worker's lawsuit alleging her hours were drastically cut because of her age, ruling that arbitration clauses that don't specify a forum are unenforceable.

  • November 13, 2018

    Doormaker Flouting $185M Antitrust Verdict, Court Told

    A Virginia federal court must force a North Carolina-based doormaker to comply with a $185 million jury verdict finding it violated antitrust law, rival Steves and Sons Inc. argued Monday in its continued push to make the company lower its prices.

  • November 9, 2018

    9th Circ. Ends Oft-Heated Trade Secrets Suit Against Ex-CEO

    A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.

  • November 9, 2018

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

    The last week has seen a pair of disputes involving asset manager CGrowth, another suit from private equity-linked firms taking on parties linked to Thailand's KPN Group and Kodak bring a competition case against Goldman, Glencore and others the film giant has accused of manipulating aluminum prices in the U.S. Here, Law360 looks at those and other new claims in the U.K.

  • November 9, 2018

    Oil Group Says 5th Circ. Ruling May Prompt Forum Shopping

    A Fifth Circuit decision that found Devon Energy Production Co. LP’s alleged breach of implied duty to market could support class certification would upend the legal landscape in oil and gas law, the Texas Oil and Gas Association has said in an amicus brief filed in Devon's en banc bid.

  • November 9, 2018

    Ex-Liddle Partner Looks To Exit Equal Pay Suit

    A former partner at Liddle & Robinson LLP has told a New York federal court that he should be cut from another former partner’s $23 million equal pay suit against the firm, arguing that she has not made a valid case against him and that her claims would be time-barred even if she had.

  • November 9, 2018

    Vantage Pushes Back On Petrobras Expert In $622M Battle

    Vantage Deepwater Co. continues to push a Texas federal court to strike the declaration of an expert Petrobras relied on to support its bid to vacate a $622 million award, claiming the testimony is unreliable and that a second declaration does not remedy the issues.

  • November 9, 2018

    $5M Frozen For Chancery Battles Over $52M Good Tech Deal

    Good Technology Corp. stockholder beneficiaries of a $52 million pair of Delaware Chancery Court settlements over the company’s disputed sale to BlackBerry Ltd. have agreed to hold back $5.1 million from distributions pending resolutions with large investors excluded from the deal.

  • November 9, 2018

    Express Scripts Rightfully Nixed Pharmacy Contract

    HM Compounding Services LLC clearly breached its contract with Express Scripts Inc. by refusing to collect copayments from customers, a Missouri federal judge has ruled, giving the pharmacy benefit manager a boost just days before trial.

  • November 9, 2018

    Attys Accused Of Scamming Artist Out Of Life Story Rights

    A New Jersey janitor turned successful artist has sued two partners of a north New Jersey law firm, claiming they manipulated him into signing over the rights to his life story to them for $10 after a Hollywood movie producer indicated he was interested in adapting it.

  • November 9, 2018

    EU Seeks Comments On Disney Pay-TV Proposal

    The European Commission on Friday asked for comment on The Walt Disney Co.'s plan to address concerns over pay-TV contracts it has with Sky UK that prevent online viewers outside of the U.K. and Ireland from accessing the Disney content.

Expert Analysis

  • New Construction Trends And Their Impact On Contracts

    Joanna Horsnail

    Trends and technologies such as performance-based and resilience-oriented design, modular construction, and the use of drones are changing complex construction and engineering projects — and will require careful consideration and analysis during project negotiation and contracting, say attorneys with Mayer Brown LLP and engineers with Exponent Inc.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • AAA Arbitration: An Overview For Employment Lawyers

    Excerpt from Lexis Practice Advisor
    Julia Jordan

    Julia Jordan and Christina Andersen of Sullivan & Cromwell LLP provide guidance on arbitrating employment-related disputes before the American Arbitration Association and summarize what practitioners might expect during various aspects of the process.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Considering Blockchain In The Electricity Industry

    Mark Sundback

    Because blockchain could fundamentally change how electricity is supplied and consumed in the future, traditional utilities should consider ways to leverage this technology, while regulators must update practices that impede the use of blockchain in the industry, say attorneys at Sheppard Mullin Richter & Hamilton LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • A Guide To Reclassifying Calif. Workers Post-Dynamex

    Camille Gustafson

    As the tax year ends, many employers are looking for guidance on how to transition independent contractors to part-time, on-call employees in light of the California Supreme Court’s Dynamex decision. The keys are thoughtful planning and careful communications, says Camille Gustafson of Paul Plevin Sullivan & Connaughton LLP.