Commercial Contracts

  • June 12, 2020

    First Mortgage's Ginnie Mae Suit Undone By SEC Deal

    The Federal Circuit on Friday affirmed the lower court's dismissal of First Mortgage Corp.'s breach of contract suit against Ginnie Mae, saying an earlier settlement with the SEC precluded the mortgage company's claims.

  • June 12, 2020

    6th Circ. Blocks Ex-Inventory Co. VP From Joining Rival

    The Sixth Circuit on Friday affirmed a Michigan federal judge's decision to block a former regional vice president of inventory company RGIS LLC from joining a rival company as a top executive and misappropriating trade secrets.

  • June 12, 2020

    Texas High Court Limits Forum Clauses To Signatories

    The Texas Supreme Court on Friday ruled two businessmen involved in a dispute with their former partner can't be bound to a forum-selection clause in an agreement their company signed if they didn't sign the agreement individually.

  • June 12, 2020

    Cannabis Investor Says Calif. City Helped Steal Pot License

    A cannabis entrepreneur has sued the city of Napa, California, in state court for allegedly helping his former business partner steal a marijuana dispensary license, claiming the rights to it were transferred from under his nose in violation of city code.

  • June 12, 2020

    Koch Affiliate Accused Of Bad Faith In $1B Methanol Project

    A Koch Industries affiliate is wrongly trying to force its joint venture partner out of a roughly $1 billion methanol plant project, the partner told the Delaware Chancery Court.

  • June 12, 2020

    Travelers Sues Qatar Airways Over $81M Cargo Damage

    Travelers Property Casualty Co. has slapped Qatar Airways with a suit in Texas federal court seeking more than half a million dollars in reimbursement for over $81 million in cargo losses it covered for Alcon Laboratories Inc.

  • June 12, 2020

    Pa. Eatery Argues COVID-19 Insurance Exclusions Are Invalid

    A Pennsylvania restaurant seeking insurance coverage for losses caused by the COVID-19 pandemic argued to a federal court in a proposed class action that the "virus exclusion" in many policies is invalid because the insurance industry allegedly misrepresented the exclusion to state regulators nearly 15 years ago.

  • June 12, 2020

    DePaul University Sued For Tuition Over COVID-19 Closures

    DePaul University is the latest to be hit with a proposed class action by students seeking refunds of fees and tuition given the restrictions put in place to stem the spread of the coronavirus, telling an Illinois federal court they "lost the benefit of the education for which they paid."

  • June 12, 2020

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

    The past week in London has seen Indian lenders reignite their bankruptcy dispute against a beer tycoon facing fraud charges overseas, a woman fight fraud findings made against her in a Financial Conduct Authority case, and Glencore target a Serbian oil company. Here, Law360 looks at those and other new claims in the U.K.

  • June 11, 2020

    LA Sued Over COVID-19 Eviction Moratorium, Rent Freeze

    A landlord association sued the city of Los Angeles on Thursday over its moratorium on evictions and rent increases amid the novel coronavirus pandemic, saying the two ordinances are overbroad and violate landlords' constitutional rights.

  • June 11, 2020

    Yum Brands Says Grubhub Broke Deal For Special Services

    The corporation behind Taco Bell, KFC and Pizza Hut hit Grubhub with a lawsuit Thursday in New York state court accusing the food delivery company of breaking a deal to provide special services to the fast food joints, a day after Grubhub announced its $7.3 billion sale to a Dutch peer company.

  • June 11, 2020

    Pierce Bainbridge Breakup Sparks Rift In Boeing Class Suit

    A new firm purporting to be the "successor" to Pierce Bainbridge in connection with a proposed racketeering class action against Southwest Airlines and Boeing told a Texas federal judge Thursday that ex-colleagues who already established their own firm shouldn't score lead class counsel status in the suit.

  • June 11, 2020

    Texas Atty Wants New Trial Over $6M Litigation Loan

    An attorney fighting for a new trial after a litigation funder prevailed on a claim that he defaulted on a $6 million loan told a Houston judge at a hearing Thursday that the ruling against him was handed down when he believed the hearing had been canceled because of the novel coronavirus.

  • June 11, 2020

    Chemical Co. Tells Justices Tribes Can't Dodge Permit Appeal

    Chemical company FMC Corp. urged the U.S. Supreme Court to take up its petition to overturn a ruling requiring it to pay $1.5 million in annual permit fees to Idaho tribes, saying the tribes were misconstruing the decision of the lower court.

  • June 11, 2020

    Real Estate Co. Targeted In Vale's $500M Doc Bid Wants Out

    A Manhattan real estate investment company targeted in Brazilian mining company Vale SA's bid to recover $500 million it invested in a doomed Guinean mining project on Wednesday joined a push for a New York federal court to deny Vale a discovery order seeking information it wants to use in litigation abroad.

  • June 11, 2020

    Bryon Allen, Comcast Reach Settlement In Race Bias Suit

    A black-owned production studio whose discrimination suit against Comcast went to the U.S. Supreme Court reached a settlement with the cable company that includes a new content and distribution arrangement to resolve claims it would have carried its channels "but for" racial bias.

  • June 11, 2020

    7th Circ. Tosses Flight-Cancellation Suit Against Southwest

    The Seventh Circuit on Wednesday affirmed the dismissal of a proposed class action that sought to hold Southwest Airlines liable for canceling hundreds of flights between late 2017 and early 2018 after running out of de-icer, saying the airline fulfilled its duties by offering ticket holders later flights or refunds.

  • June 11, 2020

    Landry's, Morton's Get Reprieve In Houston Restaurant Fight

    A state district judge in Houston granted a temporary restraining order on Wednesday at the request of Houston restaurant chains Landry's and Morton's to prevent a real estate company from denying access to two properties over an apparent rent-related dispute.

  • June 11, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's employees continued testimony in court about what they say are inadequate safety measures, Ruby Tuesday's faces a $2.5 million lawsuit after shuttering one of its eateries, and protesters rallying against police brutality say the use of chemical agents violates their constitutional rights and increases the risk of COVID-19 infections.

  • June 11, 2020

    Northrop Must Pay $3.6M To Reseller Over Contract Breach

    Defense giant Northrop Grumman Corp. must pay KST Data Inc. $3.6 million for failing to break a purchasing agreement when the computer hardware reseller fell under a government investigation, a California federal judge ordered.

  • June 11, 2020

    AB InBev Wants Contract Row With Alcoa In Arbitration

    Brewing giant Anheuser-Busch InBev and others have told a New York federal court that aluminum producer Alcoa can't get out of arbitrating claims that it violated a manufacturing contract when it secured patents on a type of aluminum that AB InBev found would improve productivity for a lightweight and reclosable aluminum bottle.

  • June 11, 2020

    Trading Software Co. Wants 'Fanciful' Monopoly Suit Tossed

    A financial services and software provider has asked a Pennsylvania federal judge to dismiss a suit that makes "fanciful" monopolization claims over what's really a "garden-variety contract dispute."

  • June 11, 2020

    Honda Gets 2 Crash Detector Claims Sent To Arbitration

    A California federal judge has sent to arbitration claims by two car buyers that American Honda Motor Co. Inc. sold vehicles with defective crash detection systems, rejecting arguments that the motor company had waived its right to compel arbitration.

  • June 11, 2020

    Taubman Says Simon Still Bound To $3.6B Mall Deal

    Mall operator Taubman Centers Inc. said Simon Property Group Inc. can't walk away from their $3.6 billion tie-up and added it will "vigorously" defend itself from the lawsuit seeking to cancel their pre-COVID-19 agreement.

  • June 10, 2020

    L'Oreal Asks Fed. Circ. To Nix $66M Judgment, Citing 'Errors'

    Saying it was denied a fair trial, L'Oreal USA Inc. has asked the Federal Circuit to reverse a $66 million judgment against it for willfully infringing two patents belonging to hair care company Olaplex LLC, exploiting its trade secrets and breaching a nondisclosure agreement.

Expert Analysis

  • 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.

  • A Primer On Foreign Judgment Enforcement In Canada

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    Given the expected rise in disputes between U.S. and Canadian companies due to the pandemic, David Ziegler at Fasken Martineau breaks down the factors Canadian courts consider when determining whether to recognize and enforce a judgment from a U.S. or other foreign court.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Funding Considerations Amid COVID-19 Liquidity Crunch

    Excerpt from Lexis Practice Advisor
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    Companies and creditors in search of funding during the pandemic should analyze available options under existing bond and term loan covenants, and explore creative ways to establish priority status where necessary in the critical search for liquidity, say attorneys at Shearman.

  • 7 Tips On Using Data To Improve Corporate IP Amid Slowdown

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    Experience working through past recessions suggests that companies should strategically reevaluate their intellectual property through data collection and analysis to improve the breadth and adaptability of their portfolios, says Robert Kramer at Finnegan.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

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