We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Commercial Contracts

  • January 16, 2019

    Ex-Hallmark Host's Atty DQ'd In Wrongful Termination Suit

    The Bloom Firm cannot represent a former Hallmark Channel host accusing the television network of firing him for reporting sexual harassment on set, a California federal judge ruled Wednesday, finding that the firm previously had a legal consulting agreement with one of the network’s producers embroiled in the harassment claims.

  • January 16, 2019

    Jay-Z Stalling With Arbiter Diversity Push: Rocawear Owner

    Rocawear clothing owner Iconix Brand Group Inc. told a New York state court that Jay-Z's complaints about the American Arbitration Association's lack of diversity in an intellectual property dispute are an attempt to dodge arbitration "masquerading as a crusade to create further diversity."

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Match Accuses Tinder Co-Founder Of Swiping Trade Secrets

    Tinder co-founder Sean Rad violated trade secret protection agreements by making copies of his work emails and other documents, Tinder owner Match Group Inc. and its parent company said in a suit filed in New York state court.

  • January 16, 2019

    EmblemHealth Defeats Retired Execs' Health Benefits Suit

    EmblemHealth Inc. was allowed to change the medical benefits provided to its retired executives without violating the Employee Retirement Income Security Act, as there was no explicit promise to vest those benefits, a New York federal judge ruled Tuesday.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    Dispute Over Ticket Autopricing Tech Goes Before NYC Jury

    A Manhattan jury mulled Wednesday whether to award entrepreneur Shmuel "Sam" Sherman damages after his company accused a rival of poaching what Sherman calls revolutionary software that allows resale brokers to easily reprice inventory in the multibillion-dollar market for sports and entertainment tickets.

  • January 16, 2019

    HVAC Co. Seeks Pay For Work On $20M VA Hospital Revamp

    A Missouri-based HVAC company alleged in Ohio federal court Wednesday that it was not fully paid for the installation of insulation and ventilation systems as part of a $20.4 million construction project at a Cincinnati Veterans Affairs hospital.

  • January 16, 2019

    NY Judge Halts Arbitration Between Shipping Co., Fuel Trader

    A New York federal judge on Tuesday ordered a United Arab Emirates marine fuel oil trader to halt arbitration against a Chinese shipping company following a $1.8 million dispute over a fuel delivery, relying on a series of rulings in Singapore concluding there was no arbitration agreement between the parties.

  • January 16, 2019

    Pa. Appeals Court Weighs Meaning Of 'On' In Gas Leases

    Attorneys disputed the meaning of the word “on” in oil and gas law Wednesday as a landowner argued to the Pennsylvania Superior Court that he was entitled to extra payments from his gas lease with an Exxon Mobil Corp. subsidiary because underground hydraulic fracturing was occurring “on” his property.

  • January 16, 2019

    High-Tech Parts Maker Claims Rival Stole Trade Secrets

    A high-tech parts manufacturer has accused electronics contract maker Foxconn and some of its associates of stealing exclusive designs for special connectors used in computers and automotive systems.

  • January 15, 2019

    Firm Tries 3rd Time To Toss Malpractice Arbitration Award

    A Texas law firm has asked the state's high court to undo lower court rulings that affirmed a nearly $460,000 arbitration award against it stemming from an ex-client's malpractice lawsuit, arguing the arbitrator's ruling goes against Texas law and must be reviewed.

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    Youth Football Coach Sues NFL Charity Over Lightning Strike

    A South Carolina football coach has said his injury from a lightning strike could have been avoided if USA Football Inc. had taught coaches better safety procedures, according to a suit removed to federal court on Tuesday.

  • January 15, 2019

    Drivers At Fault For Their Own Stalled Arbitrations, Uber Says

    Uber told a California federal judge on Monday that drivers requesting an order to force the ride-hailing company to cover the costs of their individual arbitrations over a classification dispute are impeding their own progress by seeking the order in federal court and refusing to pay their filing fees.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    States, Tribes Back Swinomish In BNSF Appeal At 9th Circ.

    Three states and three tribes have urged the Ninth Circuit to uphold a lower court decision favoring the Swinomish Indian Tribal Community in its suit against BNSF Railway Co. over shipping crude oil across reservation land, saying federal law doesn’t pre-empt an easement pact and treaty rights are at stake.

  • January 15, 2019

    Insurer Wants Out Of Covering Depomed In Opioid Litigation

    Navigators Specialty Insurance Co. has asked a California federal court to affirm that it doesn't have to defend or indemnify Depomed Inc.'s successor in more than three dozen suits over the drugmaker's role in the opioid crisis, saying the policies don't cover opioid-related injuries and "allegedly intentional wrongdoing."

  • January 15, 2019

    4th Circ. Hands Saveri Firm Win In $1.2M Legal Fees Battle

    Former Lieff Cabraser Heimann & Bernstein LLP attorney Joseph Saveri's firm doesn't have to pay another plaintiffs firm a $1.2 million referral fee out of his score from settlements in titanium dioxide price-fixing litigation, the Fourth Circuit ruled Monday, finding he'd never agreed to shell out the sum.

Expert Analysis

  • Capital Leases Are Dead, Long Live Finance Leases

    Brad Boericke

    Starting this year, public companies must adopt the Financial Standards Accounting Board's new lease accounting rules, which eliminate the defined term "capital leases." Lenders and borrowers alike will need to consider taking a new approach to drafting credit agreements, says Brad Boericke of Pepper Hamilton LLP.

  • A Guide To Reducing Limitations Periods On Employee Claims

    Excerpt from Lexis Practice Advisor
    Ann-Elizabeth Ostrager

    Employers generally benefit from drafting agreements that shorten statutes of limitations on employee claims. However, there are several considerations when assessing whether and how to trim the relevant period, say Ann-Elizabeth Ostrager and Courtney Hunter of Sullivan & Cromwell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 'Wholly Groundless' Arbitration Exception Gets Grounded

    Charles Patrizia

    On Tuesday, the U.S. Supreme Court held that when a contract expressly delegates to the arbitral tribunal the question of “arbitrability,” courts may not resolve that question, even if the underlying arbitrability argument is allegedly “wholly groundless.” This is significant for parties drafting arbitration agreements, say attorneys with Paul Hastings LLP.