Commercial Contracts

  • August 11, 2020

    German Car Cos. Say Buyers' Conspiracy Claims Still Doomed

    German auto giants have asked a California federal judge to snuff out multidistrict litigation alleging they ran a decadelong "no arms race" conspiracy to tightly control vehicle specifications, saying the plaintiffs still haven't spelled out any U.S. antitrust law violations despite retooling their claims.

  • August 11, 2020

    Insurer Says It Needn't Cover Defective Cookie Machine Suit

    Hallmark Specialty Insurance Co. sued Kamflex Conveyor Corp. in California federal court Tuesday, seeking a declaration that it does not need to defend the company in an underlying suit over a defective cookie packaging machine.

  • August 11, 2020

    Indiana Univ. Aims To Escape COVID-19 Refund Suit In NJ

    Manchester University, a small liberal arts school in Indiana, called on a New Jersey federal court Tuesday to end a graduate's proposed class action over the cancellation of in-person classes in spring 2020 because of COVID-19, saying the school has no relevant ties to the Garden State.

  • August 11, 2020

    Metals Investor Seeks To Ax Award In Mexican Gold Mine Fight

    A precious metals investor asked the Tenth Circuit to vacate a $400,000 award in its long-running dispute with Canada's Goldgroup Mining Inc. over a Mexican gold mine, saying a Colorado federal court wrongly confirmed the award this spring.

  • August 11, 2020

    PE Firm Urges 5th Circ. To Nix $36M Damages In Contract Row

    A Dallas-based private equity company on Monday told the Fifth Circuit it shouldn't owe $35.5 million in damages following a contract dispute over offshore oil and gas exploration, saying the money was never sought and the award was based on testimony excluded by the court.

  • August 11, 2020

    Fla. Mobile Home Park's Owners Beat RICO Suit

    A federal judge has ruled that mobile home owners cannot pursue a proposed class action accusing the owners of a Florida mobile home park of engaging in a racketeering scheme to dupe individual homeowners and buyers into accepting more expensive land rental terms.

  • August 11, 2020

    Google Beats Lawsuit Over Genius Lyrics

    A Brooklyn federal judge on Monday tossed out a lawsuit filed by the lyrics website Genius accusing Google of misappropriating the company's content, saying the case was preempted by federal copyright law.

  • August 11, 2020

    Supplier Wants Claim Axed From EQT's $18M Faulty Valve Suit

    A drilling industry supplier urged a Pennsylvania federal judge Monday to throw out what it said were duplicative claims over alleged breaches of contract and warranty in an $18 million suit over purportedly faulty gas well valves sold to EQT Corp.

  • August 11, 2020

    Ex-Baker Botts, Akin Gump Attys Launch Houston Boutique

    A trio of former partners from Baker Botts LLP and Akin Gump Strauss Hauer & Feld LLP have joined forces to launch a new litigation boutique in Houston focused on commercial disputes, transactions and intellectual property cases.

  • August 11, 2020

    AT&T Accused Of Racial Bias In Station Contract Dispute

    A Black-owned, Indiana-based local television broadcasting company filed a lawsuit against AT&T on Monday, accusing the telecommunications giant of engaging in racial discrimination by refusing to negotiate a retransmission contract with it.

  • August 11, 2020

    9th Circ. Reverses FTC Win On Qualcomm Licensing

    The Ninth Circuit on Tuesday reversed the Federal Trade Commission's win in its case accusing Qualcomm of violating antitrust law through its licensing practices for standard-essential patents covering cellular technology.

  • August 10, 2020

    Arbitration Denied In Calif. Nursing Home Wrongful Death Suit

    A Southern California nursing home must face an elder abuse and wrongful death lawsuit after a state appeals court ruled in a published opinion that the patient's adult children, as temporary conservators for their mother, did not have the legal authority to sign an arbitration agreement.

  • August 10, 2020

    US Bank Can't Arbitrate Fee Suit After 9th Circ. Clarifies McGill

    A California federal judge on Monday rescinded her prior decision sending a proposed class action challenging U.S. Bank's fees to arbitration, finding that the arbitration provision is invalid in light of the Ninth Circuit's recent rulings that clarify the state high court's McGill v. Citibank precedent.

  • August 10, 2020

    Recruiter Axes Fee Suit Against Kilpatrick Townsend Partners

    After experiencing multiple losses in the courtroom, Houston-based legal recruiting firm Partners Legal Search has abandoned its $1.2 million Texas state court lawsuit that claimed two Kilpatrick Townsend & Stockton LLP partners robbed it of a job search fee by skirting the parties' 2017 agreement.

  • August 10, 2020

    Hyundai Making Elite Seller Club For Luxury Line, Dealer Says

    Hyundai is skirting Florida law in its bid to showcase its luxury Genesis brand of automobiles completely separately by punishing dealers who don't agree to build new showrooms, according to a new lawsuit.

  • August 10, 2020

    Urban Outfitters Takes Aim At Fashion Co.'s 'Cynical' IP Suit

    Urban Outfitters Inc. has urged a Pennsylvania federal judge to toss a lawsuit by fashion rental company Le Tote Inc., blasting the legal action as a "cynical" effort to deflect attention from business woes that led Le Tote to file for bankruptcy protections earlier this month.

  • August 10, 2020

    Mercedes Can't Jump-Start NJ Antitrust Claims Over Shipping

    Mercedes-Benz failed to persuade a New Jersey appeals court to revive a state price-fixing suit against several shipping companies as the judges held Monday that all the carmaker's claims are superseded by federal law.

  • August 10, 2020

    Apple Says Koss' Headphone IP Suit Breaches Confidentiality

    After being sued last month by headphone maker Koss Corp. for allegedly infringing its patents for the "first-ever true wireless headphones" technology, Apple shot back with a declaratory judgment suit in California on Friday, saying Koss' complaint breaches a confidentiality agreement and is otherwise without merit.

  • August 10, 2020

    Rosen Law Firm To Lead Tilray Stock-Drop Suit

    The Rosen Law Firm will lead a proposed class of investors in a stock-drop suit against the Canadian medical cannabis company Tilray Inc., a New York federal judge has ordered, saying the firm's client satisfies the lead plaintiff requirements and has the largest financial interest in the case.

  • August 07, 2020

    Nationwide Beats Construction Defect Suit At 11th Circ.

    The Eleventh Circuit held that an Alabama district court wrongly applied federal rather than Alabama state laws when determining privity in a suit between a homeowner and contractor, freeing Nationwide Mutual Fire Insurance Co. from defending the contractor's allegedly botched work.

  • August 07, 2020

    Lumber Exec Wants Rival Firm In IP Suit DQ'd For Estate Work

    The founder of a lumber equipment company has said he's "shocked" that the law firm where his family's personal attorney is a partner is representing his former employer in a trade secrets theft suit against him, arguing the firm's apparent conflict of interest calls for disqualification.

  • August 07, 2020

    Rudy Giuliani Sued Over $15K Art Bill Linked To Divorce

    An art adviser sued Rudy Giuliani in New York state court Friday for allegedly refusing to pay over $15,000 rung up when the adviser appraised art owned by the former New York City mayor and his now-ex-wife Judith for purposes of divvying up their property.

  • August 07, 2020

    DOJ Can Now Cut Decades-Old Film Industry Antitrust Rules

    Hollywood has changed so much since its golden age that 70-year-old antitrust rules directing how the country's biggest studios deal with movie theaters are no longer relevant or necessary, a New York federal court decided Friday.

  • August 07, 2020

    Ex-Pot Co. Exec Gets $3.7M Asset Freeze Against Oligarch

    A federal magistrate judge has put holds on more than $3.7 million in assets allegedly held by a deceased Russian oligarch who was accused by an ex-employee of helping to drive a California pot business into the ground.

  • August 07, 2020

    Coronavirus Q&A: Cassin Real Estate Leader

    In this edition of Coronavirus Q&A, one of Cassin's real estate leaders discusses the challenges of building affordable housing amid the pandemic, but also the continued lending activity for those projects from Fannie Mae and Freddie Mac.

Expert Analysis

  • Auto Supply Chain Price Disputes During COVID-19

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    With COVID-19's effects on automotive supply chains increasing the chance of pricing disputes between suppliers and customers, parties should look to the facts of the situation and the specific contract terms, says Nicholas Ellis at Foley & Lardner.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Using Sidecar Funds As A Source Of Capital Amid Volatility

    Excerpt from Lexis Practice Advisor
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    Private investment fund sponsors seeking additional sources of capital to protect or enhance their portfolios may consider sidecar vehicles to help navigate pandemic-related liquidity issues, but should carefully analyze whether such structures would breach existing fund documents or agreements with limited partners, say Michael Suppappola and Emily O'Brien at Proskauer.

  • Key Points For Lenders Taking Control Of Oil And Gas Assets

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    As oil and gas producers' revenues fall, and their creditors see the value of their reserve-based collateral plummet, some lenders may want to protect their interests by taking temporary ownership of the assets through foreclosure, credit bid or other remedy, say attorneys at Hunton.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • What A Biden Administration Could Mean For Employers

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    Presumptive Democratic presidential nominee Joe Biden’s labor and employment policy initiatives would strengthen unions and increase employer mandates, but some policies could benefit companies by creating broader workforce access and supporting retention of existing workers, says Anthony Oncidi at Proskauer.

  • What UK Insolvency Law Changes Mean For US Finance Cos.

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    In light of recent amendments to the U.K. insolvency regime that enhance restructuring options, introduce stay and moratorium powers, and include new safe harbors, U.S. financial institutions should determine whether rights under existing arrangements could be stayed, say attorneys at Allen & Overy.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Restrictive Covenants In California After Ixchel Pharma

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    While the California Supreme Court's ruling Monday in Ixchel Pharma v. Biogen may signal some level of freedom for parties to enter into restrictive covenants, businesses must carefully review the nature and consequences of such restraints as it is likely that they will remain judicially disfavored, say attorneys at Haynes and Boone.

  • Regulatory Concerns For US Cos.' Offshore Service Centers

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    As more U.S. companies open and use offshore service-delivery centers amid the pandemic, assessment of important tax, intellectual property, cybersecurity and employment considerations can help mitigate regulatory risk and maximize the company's return on investment, says Sonia Baldia at Baker McKenzie.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

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