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Commercial Contracts

  • February 19, 2019

    Engineering Co. Asks Judge To Toss Fla. Bridge Collapse Suit

    An engineering firm that worked on a Miami-area pedestrian bridge that collapsed last year told a Colorado federal judge Tuesday that its insurer's claims that it doesn't have to cover several Florida suits over the collapse are premature and missing a number of co-defendants.

  • February 19, 2019

    Ericsson's Licensing Offer To HTC Is FRAND, Texas Jury Finds

    A Texas federal jury on Friday rejected HTC’s allegation that Ericsson is trying to overcharge on licensing fees for its standard-essential cellular patents, finding that the Swedish telecom giant’s offer to HTC is fair, reasonable and nondiscriminatory and that both companies failed to negotiate in good faith.

  • February 19, 2019

    FERC Blasts PG&E Bid To Block Authority Over Power Deals

    The Federal Energy Regulatory Commission has ripped Pacific Gas & Electric Co.'s efforts to block it from having a say over whether the utility can ditch power purchase agreements in Chapter 11, arguing that such a move would upend FERC's longstanding obligation to regulate wholesale electricity contracts.

  • February 19, 2019

    Biotech Co. Says $3.6M Award Wrongly Calculated

    A biotechnology company urged a New York federal court not to enforce an arbitration award issued to a trading firm over an alleged breach of a financing agreement, arguing that the $3.6 million award was improperly calculated based on the value of stock warrants that are actually worthless.

  • February 19, 2019

    Gibson Dunn Close To DQ Bid Toss In Privileged Doc Drama

    A California judge Tuesday tentatively rejected a Los Angeles developer’s bid to disqualify capital management firm AEW’s counsel Gibson Dunn & Crutcher LLP after attorneys allegedly mishandled privileged materials related to claims that AEW took advantage of the developer in a 2010 joint venture deal.

  • February 19, 2019

    Ex-CEO Accused Of Bilking Western NY Health Referral Co.

    The former CEO of eHealth Global Technologies has been charged with fraud by federal prosecutors in Rochester, New York, who accuse him of using a recruiting outfit purportedly owned by his wife to bill his former company $455,000 and take a cut of the proceeds, according to a Tuesday release.

  • February 19, 2019

    Contractor Says Lack Of Site Control Clears It In Injury Verdict

    A general contractor can’t be held liable for a portion of a jury’s award of $2.1 million to a subcontractor injured at a job site because it had no control over the actions that caused the injury, a Texas appeals court in Houston heard in oral arguments Tuesday.

  • February 19, 2019

    Synopsys Says Software Security Co. Abused Its License

    Synopsys Inc., which makes software for testing and designing computer chips, accused Fortinet Inc., a security software company, in California federal court of routinely skirting its software access licensing agreement to gain unauthorized access to Synopsys services.

  • February 19, 2019

    Canada OKs Supermarket Chain Metro's Quebec Divestitures

    Canadian supermarket and drugstore giant Metro Inc. has approval from the country's competition watchdog to sell 10 drugstores in Quebec to Familiprix Inc. and an affiliate of McKesson Canada Corp., a divestiture that fulfills promises the food retailer made to win approval for its acquisition of pharmacy chain Jean Coutu.

  • February 19, 2019

    AVIC Tells 5th Circ. To Nix Confirmation Of $70M Award

    The American unit of China's state-run aviation industry corporation has urged the Fifth Circuit to reverse the confirmation of a $70 million arbitration award stemming from a failed joint venture agreement, saying it's unclear if the district court had jurisdiction over the dispute.

  • February 19, 2019

    Developer Says Ex-Counsel Messed Up Enviro Suit

    A developer has slapped its former attorney with a malpractice suit in New Jersey federal court, alleging the lawyer’s failure to timely file an expert affidavit led to the dismissal of the company’s underlying suit against soil-testing businesses.

  • February 19, 2019

    High Court Won't Wade Into USC's ERISA Arbitration Battle

    The U.S. Supreme Court on Tuesday turned away the University of Southern California’s bid for review of a Ninth Circuit decision that gave the school's workers a green light to pursue a closely watched ERISA class action in court, as opposed to through individual arbitration.

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.

  • February 15, 2019

    TracFone Sues Texas Cos. In Latest Anti-Trafficking Effort

    Wireless service provider TracFone sued three Texas-based companies Friday, accusing them of running a phone smuggling ring that cuts into its business model, marking the latest salvo in the telecom’s more than decade-long crusade to stop companies from trafficking its tech.

  • February 15, 2019

    'Fearless Girl' Artist Sold Unauthorized Statues, TM Suit Says

    The artist who created the Fearless Girl sold unauthorized copies of the famous feminist statue in violation of trademark law and agreements with State Street Global Advisors Trust Co., which commissioned the artwork, the company has argued in a New York state court suit.

  • February 15, 2019

    Plane Co. Asks Chancery To Break Grip Of Bogus Legal Rep.

    A multi-state dogfight over control of aircraft leasing company PMC Aviation landed in Chancery Court Friday, with Jet Midwest Group LLC seeking a temporary restraining order to break a former PMC investor's unauthorized grip on litigation involving the company.

  • February 15, 2019

    Petrobras Must Post Bond In $720M Award Row, Court Hears

    Vantage Deepwater Co. has urged a federal court to halt Petrobras from transferring the proceeds of an upcoming $562 million sale of its Texas refinery outside the U.S. until the Brazilian company puts up security for an arbitral award worth some $720 million, which the Texas driller is trying to enforce.

  • February 15, 2019

    Jurisdiction Key In 2nd Circ.'s Reviving Of US Bank-BofA Row

    The Second Circuit on Friday revived U.S. Bank's New York federal court suit seeking to make Bank of America buy back a $9 million mortgage loan from a commercial mortgage-backed securities trust, ruling that the case shouldn't be sent back to where it began in Indiana but should be decided under Hoosier state law.

  • February 15, 2019

    Texas Justices Deny Law Firm's Appeal Of Malpractice Award

    The Texas Supreme Court on Friday denied a Texas law firm’s request to undo lower-court rulings affirming a nearly $460,000 malpractice arbitration award to a former client whose case was dismissed because no counsel came to court for a trial-setting conference.

Expert Analysis

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • The Growing Use Of Anti-SLAPP In Employment Cases

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    The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.

  • Oxbow: Alignment Is Key In Put Valuation Processes

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    The recent Oxbow Carbon Unitholder Litigation demonstrated many common put valuation issues, but also how an alignment mechanism can foster cooperation despite a highly adversarial relationship, say Kyle Gann and Jason Osborn of Winston & Strawn LLP.

  • 5 Considerations For Both Sides In Stadium Naming Deals

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    The stadium and arena naming rights deal market remains highly active. The complexity of these agreements and the importance of the terms are growing, say Ryan Davis and Steve Smith of Bryan Cave Leighton Paisner LLP.

  • Pa. Court Extends Long Arms Toward Out-Of-State Cos.

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    Two recent Pennsylvania appellate court decisions held that any out-of-state company registered to do business in Pennsylvania is subject to suit in the commonwealth even if the suit has no connection to Pennsylvania. This interpretation of the statutory scheme presents out-of-state corporations with a Hobson’s choice, say attorneys at Greenberg Traurig LLP. 

  • 3 Aspects Of Executive Agreements That Need An Upgrade

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    Underlying recent executive disputes with companies like Papa John's, Barnes & Noble and Uber is the executive employment agreement, which appears to include three areas that could and should be improved, says Zak Franklin of McDermott Will & Emery LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Better Contracts Make For More Likely Tax Savings In Ohio

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    In a November 2018 decision, Willoughby Hills v. Testa, the Ohio Supreme Court further defined the commercial activity tax's agency exemption. Following the ruling, taxpayers should carefully negotiate contract language and business arrangements to ensure the factors of the agency relationship are met, say Jeremy Hayden and Chris Tassone of Frost Brown Todd LLC.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Opinion

    Brexit International Arbitration Clause Is Misunderstood

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    Much of the criticism aimed at the international arbitration clause in the recent Brexit withdrawal agreement unfairly identifies a perceived lack of transparency and appears to be based on a lack of understanding about the process, says Margarita Michael of O'Melveny & Myers LLP.