Commercial Contracts

  • September 18, 2019

    Tyson & Mendes Taps Gordon & Rees Vet To Head NY Office

    Tyson & Mendes LLP has hired a veteran Gordon & Rees LLP litigator with experience leading attorneys through professional liability troubles and guiding businesses through cybersecurity breach suits to serve as the managing partner of its soon-to-open New York office.

  • September 18, 2019

    AAA, Priceline Escape Members' Hotel Booking Suit

    A New York federal judge dismissed a putative class action Wednesday that accused AAA and Priceline of charging hidden fees for hotel bookings, agreeing with a magistrate judge’s finding that the consumer can’t sue for breach of a term that is absent from a contract.

  • September 18, 2019

    Ex-Arms Dealer Hit With Sanctions Bid In Memoir IP Suit

    The co-writer of the memoir "Once a Gun Runner" who is embroiled in a copyright dispute with the book's subject — a former international arms dealer — over ownership of the work, told a Florida federal court Tuesday it should sanction the former arms dealer and his attorneys for continuing to pursue the case in federal court.

  • September 18, 2019

    Door Makers Can't Shut Out Buyers' Price-Fixing Claims

    Two of the country's largest interior molded door manufacturers cannot escape a consolidated antitrust class action, because direct and indirect purchasers have sufficiently alleged that the companies conspired to jack up prices in the market, a Virginia federal judge ruled Wednesday.

  • September 18, 2019

    Argentine Atty Retools Claims In Uber Debut Fight

    An Argentine lawyer has repurposed his suit alleging Uber made him the scapegoat for its problem-plagued Buenos Aires launch in 2016, insisting he had an attorney-client relationship with the Silicon Valley ride-hailing giant so the company is liable for treating him as collateral damage.

  • September 18, 2019

    Fate Of Uber Drivers' WARN Suit Up To Arbitrator: Judge

    A California federal judge ordered Uber and a former driver to let an arbitrator decide whether the driver qualifies as an employee protected under the Worker Adjustment and Retraining Notification Act, but left the possibility open that the law may override the ride-hailing giant’s arbitration pacts.

  • September 18, 2019

    Fed. Circ. Sends Car Seat Contract Fight To Fla. State Court

    A Florida law-based breach of contract suit between a car seat maker and its former partner isn’t a patent suit in disguise, meaning it belongs in state court, the Federal Circuit said Wednesday.

  • September 18, 2019

    Jury Clears BART In Suit Over Botched Retail Plans

    A California jury has cleared the Bay Area Rapid Transit system of allegations that BART derailed a developer's plans to bring stores like Dunkin' Donuts and Ghirardelli Chocolate to stations, finding that the developer can't blame BART for missing contractual deadlines.

  • September 18, 2019

    Texas Justices Told Class Arbitration Question Not For Courts

    A property management company accused homeowners of a bait and switch when they added class claims to an ongoing arbitration, and the homeowners accused the company of forum shopping as they dueled before the Texas Supreme Court on Wednesday over whether the courts or an arbitrator could decide their dispute.

  • September 18, 2019

    Singer Hit With Suit For Failing To Plug Concert On Instagram

    R&B crooner Jacquees was slammed with a lawsuit by a New Jersey concert promotion company singing the blues over his failure to publicize an event on social media, allegedly forcing the concert’s cancellation and costing the promoter over $190,000.

  • September 18, 2019

    9th Circ. Slams Samsung's 'Inaptly Titled' Arbitration Notices

    The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.

  • September 18, 2019

    Louisville, Ex-Coach Pitino Settle Dispute Over Firing

    The University of Louisville on Wednesday settled a contract dispute brought by former head basketball coach Rick Pitino, with Pitino agreeing to drop claims that he was wrongfully fired in 2017.

  • September 18, 2019

    9th Circ. Will Take On FERC-Bankruptcy Court Tussle

    The Ninth Circuit on Tuesday said it will directly review a California bankruptcy judge's ruling that the Federal Energy Regulatory Commission has no say over whether Pacific Gas and Electric Co. can ditch power purchase agreements in Chapter 11 and put the case on the fast track.

  • September 17, 2019

    Wells Fargo Wins Early Exit From $163M CDO Fraud Suit

    A New York federal judge on Thursday granted a request by Wells Fargo Securities LLC for an early exit from a $163 million suit that accused the Wall Street titan of allowing a hedge fund to control collateralized debt obligations that the fund was simultaneously betting against.

  • September 17, 2019

    Apple Buyers Win Class Cert. Over Refurbished iPhone Parts

    A California federal judge on Tuesday granted class certification to Apple customers who accuse the tech giant of improperly replacing their broken iPhones and iPads with refurbished parts under a misleading warranty, denying the company's attempt to secure an early win.

  • September 17, 2019

    Pharma Giants Can't Shake Ariz. Hospital's Opioid RICO Suit

    A slew of major drugmakers and distributors on Monday lost their bids to kill a suit brought by Tucson Medical Center Inc. blaming the pharmaceutical giants for financial harm the nonprofit Arizona hospital says it suffered as a result of the companies' roles in the U.S. opioid crisis.

  • September 17, 2019

    House To Vote On Limits To Mandatory Arbitration Clauses

    The U.S. House of Representatives is set to vote this week on a proposal to block companies from making workers, consumers and others sign away their right to sue, targeting the mandatory arbitration agreements that businesses have increasingly used to limit their legal exposure.

  • September 17, 2019

    NSA Leaker Snowden Violated NDA With New Book, Feds Say

    The U.S. Justice Department claims the publication of whistleblower Edward Snowden's new tell-all memoir breached nondisclosure agreements he signed as a National Security Agency contractor, according to a lawsuit filed Tuesday in which the government aims to seize proceeds of the book's sales.

  • September 17, 2019

    3rd Circ. Revives Finder's Fee Suit Against DOE Contractor

    The Third Circuit on Tuesday revived a consultant's suit seeking to collect a finder's fee from a debt collection agency based on that company's contract with the U.S. Department of Education, rejecting a district court's finding that work on the contract, rather than its formation, triggered such a payment.

  • September 17, 2019

    Quinn Emanuel Wants Out Of $8.9M Arbitration Award Row

    Quinn Emanuel urged a California federal judge on Monday to let the firm withdraw as counsel for a broke Indian yarn company that was ordered to pay $8.9 million to two U.S. cotton suppliers after an unsuccessful antitrust suit against them.

  • September 17, 2019

    Arnold & Itkin Accuses Atty Of Stealing Reality TV Client

    Houston law firm Arnold & Itkin has sued a Texas attorney for allegedly poaching a client who lost fingers after working on a fishing boat in a reality TV show and filed a case against the production company and others.

  • September 17, 2019

    Comcast Duped Utahns With Bogus ‘Lifetime’ Deal, Suit Says

    To keep Utah customers from fleeing to Google's newly rolled out fiber services, Comcast baited them with bogus "lifetime" price-lock contracts, only to later renege on the promises and bump up prices, according to a potential class suit that landed in Utah federal court.

  • September 17, 2019

    ConocoPhillips Wants Heirs' $11.7M Mineral Win Undone

    ConocoPhillips took aim at a finding that it owes $11.7 million to two Texans, telling the Texas Supreme Court in oral argument Tuesday that the will purporting to convey mineral rights is unclear and not binding.

  • September 17, 2019

    Destroyed-Mural Suit Can Proceed, But Artist Needs Contracts

    A Pittsburgh mural artist can proceed with his claims that several of his projects destroyed by redevelopment were works of art protected by federal law, but he needs to come up with copies of his contracts if he wants to pursue contract-breach claims against various developers and landlords, a Pennsylvania federal judge ruled Monday.

  • September 17, 2019

    5th Circ. Says Noncompete Fight Doesn't Belong In Texas

    The Fifth Circuit has freed Devos Ltd. from a suit alleging it interfered with a former employee’s new contract by threatening to sue him and a rival company for violating a noncompete agreement, saying Devos’ demand letter wasn’t enough to establish jurisdiction.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

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    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • Mich. Bill Adds To States' Trend Of Limiting Noncompetes

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    Although a recently introduced bill that would ban noncompetes in Michigan is unlikely to become law anytime soon, a restriction with respect to low-wage employees is likely at some point based on the nationwide trend of limiting these types of agreements, say Bernie Fuhs and Ziyad Hermiz at Butzel Long.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • 9th Circ. Ruling Highlights Evolution Of Calif. Arbitration Law

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    Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • COFC Case Reveals Longevity Of Online Copyright Claims

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    The recent U.S. Court of Federal Claims copyright case APL v. U.S. highlights how even a long-forgotten webpage last modified over a decade ago can still support a copyright lawsuit if a single viewer accessed the page within three years of filing a claim, says Eric Goldman of Santa Clara University School of Law.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.