Commercial Contracts

  • August 21, 2019

    Qualcomm And LG Ink 5-Year Patent Licensing Deal

    Qualcomm has entered into a five-year licensing deal with LG Electronics to make 3G, 4G and 5G smartphones, as the chipmaker fights to stay a recent blockbuster antitrust decision against its business practices at the Ninth Circuit.

  • August 20, 2019

    De Niro Co. Sues Ex-Aide For Fraud While Binging 'Friends'

    A former employee at Robert De Niro's Canal Productions Inc. spent her workdays "binge-watching astounding hours of TV shows on Netflix" and used the company's credit card on lavish travel, hotels, shopping, fine dining and deliveries to her home, according to a suit in New York state court.

  • August 20, 2019

    Walmart Claims Faulty Tesla Solar Panels Are Starting Fires

    Walmart has hit SolarCity Corp. with a breach of contract and negligence lawsuit in New York state court that accuses Tesla’s solar energy subsidiary of negligently installing solar panels that have started at least seven fires on the rooftops of retail stores in Ohio, Maryland and California.

  • August 20, 2019

    Ex-Davis Wright Partner Can't Shake Arbitration On Appeal

    A former Davis Wright Tremaine intellectual property and entertainment partner can’t get out of arbitrating his contract dispute with the firm, a California appeals court said Monday, finding that a lower court properly considered and rejected his claim that an arbitration agreement had been fraudulently induced.

  • August 20, 2019

    Investor Slams Bid To Ax Claim In $28.7M Award Row

    An investor in a Chilean wine company seeking to enforce a $28.7 million arbitral award against a controlling shareholder in the business told a federal court that a Florida company cannot toss a claim alleging it is an alter ego of the shareholder.

  • August 20, 2019

    Army Contractor Says Unpaid Rest Breaks Didn't Violate Law

    VSE Corp. urged a Texas federal judge Monday to issue an order declaring that the Army contractor did not violate federal labor law by requiring unpaid 15-minute rest breaks in a union contract with the International Association of Machinists and Aerospace Workers.

  • August 20, 2019

    Money Laundering Row Can't Be Litigated, NY Court Hears

    A New York businessman accused of helping to launder some $440 million stolen from the Kazakh city of Almaty and a Kazakh bank has urged a New York federal court to send their dispute to arbitration, calling the litigation a "blatant" violation of an underlying arbitration agreement.

  • August 20, 2019

    Qualcomm Can't Put 'Blinders' On 9th Circ., Cell Buyers Say

    Consumers blasted Qualcomm on Monday for trying to limit the Ninth Circuit's gaze in the chipmaker's class certification appeal, urging the court again to recognize the Federal Trade Commission's antitrust win over the tech giant and their efforts to notify a class of 250 million U.S. phone buyers.

  • August 20, 2019

    Panel Ruling Undermines Tribal Court Authority, 8th Circ. Told

    Three Affiliated Tribes court officials on Monday urged the Eighth Circuit to reconsider its ruling that they can't hear tribe members' suits seeking royalties for the flaring of natural gas from wells on reservation lands, saying the ruling overrules U.S. Supreme Court precedent and neuters tribal court authority.

  • August 20, 2019

    No-Show Hotel Tech Co. Liable For Over $40 Million Debt

    A New York state judge ruled Tuesday that the parent company of hotel technology firm interTouch is on the hook for over $40 million after it failed to appear in court to defend itself.

  • August 20, 2019

    PTAB Ends VR Patent Challenges After Forum Clause Ruling

    The Patent Trial and Appeal Board has shut down MerchSource’s challenges to three virtual reality patents, accepting the company’s request to withdraw its petitions after a court ruled the challenges were barred by a license agreement.

  • August 20, 2019

    Dean Foods Ex-Chair Diverts $9.7M Fraud Restitution Suit

    The former Dean Foods Co. chairman convicted of insider trading does not have to face the company's lawsuit in Texas seeking to recoup $9.7 million it spent on the case, including millions for his legal defense, after a state judge ruled Monday that the case belongs in Delaware.

  • August 20, 2019

    Feds Want Annuity Of Atty Who Copped To $11.8M Scheme

    The federal government is looking to collect the contents of an Allianz Life Insurance Co. annuity policy held by a New York attorney who pled guilty to money laundering and tax crimes as part of a scheme to steal about $11.8 million in estate assets from an elderly philanthropic couple.

  • August 20, 2019

    Crane Rental Co. Owes Over $13M To Pension Fund, Suit Says

    Crane rental company Maxim Crane Works LP violated the Employee Retirement Income Security Act of 1974 by failing to contribute $13 million in funds to the Central States, Southeast and Southwest Areas Pension Fund, a lawsuit filed in Illinois federal court alleges.

  • August 19, 2019

    WGA Takes Antitrust War With Talent Agencies Federal

    The Writers Guild of America will wage its legal battle against several major talent agencies in federal court, dropping a state-level suit and filing counterclaims on Monday in federal suits brought by the talent shops over the contested practice of agents collecting payments from pairing TV writers with studios.

  • August 19, 2019

    Husch Blackwell Boosts Phoenix Office With Lewis Roca Team

    Husch Blackwell has beefed up its Phoenix office with a four-attorney team specializing in complex commercial litigation that signed on from Lewis Roca.

  • August 19, 2019

    Doormaker's Trade Secret Claims Shut Out By Antitrust Case

    Door part supplier Jeld-Wen can't bring trade secret claims against a rival in Texas state court, a Virginia federal judge has ruled, finding the allegations have already been hashed out in his own court amid the drawn-out antitrust battle waged by Jeld-Wen's competitor.

  • August 19, 2019

    Attys Who Are Defendants Can't Rep USAA, Firm Says

    Miami-area firm Herssein Law Group told a state judge that Florida Bar rules forbid attorneys with Shutts & Bowen LLP and Day Pitney LLP from representing USAA and one of its executives in the law group's malicious prosecution suit, which also names the firms as defendants.

  • August 19, 2019

    Neil DeGrasse Tyson Beats Ex-Biz Partner's Copyright Suit

    Neil deGrasse Tyson has defeated a copyright lawsuit brought by a photographer who co-founded a production company with the astrophysicist, with a New York federal judge saying the photographer had put forth a “frivolous” argument about the nature of a deal for his stake in the company.

  • August 19, 2019

    Shareholders Say $29M Wine Co. Award Is Unenforceable

    Two shareholders in a Chilean wine company urged a New York federal judge to dismiss a petition from a U.S investor in the business seeking to enforce a $28.7 million arbitral award, saying the enforcement bid was filed too late.

  • August 19, 2019

    Sprint Distributor's Fraud, Contract Case Sent To Arbitration

    A former Sprint distributor will have to hash out its multimillion-dollar fraud, contract and defamation claims against the telecom giant in arbitration, after a D.C. federal judge on Monday rejected the retailer’s claims that Sprint bullied it into inking a one-sided dispute resolution agreement.

  • August 19, 2019

    Fresenius Seeks $46M In Del. For Broken Merger Legal Fees

    German drug and medical device maker Fresenius Kabi AG asked Delaware's Chancery Court late Friday for a $46 million litigation fee award against Akorn Inc., covering part of an alleged $123 million in “dead loss” expenses on an Akorn-induced, $4.3 billion merger meltdown last year.

  • August 19, 2019

    Oil Co. Hits Timor Leste With $23M Arbitration Counterclaim

    Australian company Oilex Ltd. has filed a $23.3 million counterclaim against Timor Leste’s petroleum and mining regulator in an arbitration dispute related to the termination of an oil production sharing contract.

  • August 19, 2019

    John Hancock Broke Contract With Energy Manager, Suit Says

    John Hancock Life Insurance Co. (USA) improperly ended an agreement with its renewable energy investment manager in an attempt to take control of the process itself, according to a lawsuit filed Friday by Verto Management LLC in the Business Litigation Session of Boston's Suffolk Superior Court.

  • August 16, 2019

    Insurer Needn't Cover All Costs In Turbine Fight: 8th Circ.

    A Minnesota judge properly denied a bid by four energy company executives to force their insurer to cover all the costs they incurred in litigation and arbitration involving a South Korean wind turbine manufacturer that included entities not covered under their policy, the Eighth Circuit ruled on Friday.

Expert Analysis

  • ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

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    A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • The Escalating Sanctions Against Venezuela, Russia And Iran

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    The past few weeks saw a flurry of activity demonstrating that imposition and enforcement of economic sanctions against Venezuela, Russia and Iran — and by extension China — continues to be a key driver for the Trump administration in confronting foreign policy challenges, say attorneys at Kirkland.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • Private M&A Indemnification Clarified In Chancery Ruling

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    In Hill v. LW Buyer, the Delaware Chancery Court's opinion underscores the importance of including as much detail as possible in M&A parties' indemnification claims and submitting them in a timely manner to preserve their indemnification rights, says Sawyer Duncan at King & Spalding.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • TCPA Opinion Highlights Strategies For Avoiding Class Claims

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    An Illinois federal court's recent decision in Tillman v. Hertz Corp. demonstrates how the very fact disputes in a Telephone Consumer Protection Act class action involving consent and/or revocation can be used to prevent class certification, says Eric Macey at Novack and Macey.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

  • Calif. Justices Create Arbitration Compromise Conundrum

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    The California Supreme Court’s recent decision in Heimlich v. Shivji leaves parties in arbitration that made or intend to make an offer to compromise under Section 998 of the California Civil Procedure Code with difficult choices regarding when and how to notify arbitrators about existing offers, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • 3rd Circ. Continues Momentive Trend For Secured Creditors

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    Senior secured creditors should heed the lessons offered by the Third Circuit's recent Energy Future Holdings decision — and Momentive before it — and push for an expansive definition of the assets that are subject to subordination when negotiating lien subordination agreements, say Adam Shiff and Shai Schmidt of Kasowitz Benson.

  • Unprecedented Agency Divergence On Antitrust Enforcement

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    Recent clashes between the Federal Trade Commission and the U.S. Department of Justice — in the Qualcomm antitrust case, for example — raise serious questions of fairness, efficiency and good government, says Gregory Luib of Dechert.

  • A Novel Theory Of Implied Copyright License In Paparazzi Pics

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    The recently dismissed copyright lawsuit between supermodel Gigi Hadid and Xclusive-Lee Inc. affords an opportunity to consider the creation of a limited, implied-in-law copyright license for social media use of paparazzi photos by the celebrity subjects of those photos, says Annemarie Bridy of the University of Idaho College of Law.