Not all construction contracts are written, and contractors don’t always provide a written policy at the end of a project, writes Austin B. Calhoun of Florida-based Jimerson & Cobb. This raises the question: are oral multi-year warranties enforceable?

The article discusses a case involving Florida’s Statute of Frauds, which bars the enforcement of oral agreements that are not to be performed within one year. But Loper v. Weather Shield Mfg., a recent Florida First District Court of Appeals case, appears to have opened the door to enforcing oral multi-year warranties.

The article focuses on the Loper holding, as it applies to the Statute of Frauds and oral warranties for more than one year.

Read the article on Lexology.com.

eTERA Consulting will present a free webinar on the benefits of forensic accounting firms partnering with a data and technology management company.

The webinar will be Thursday, July 23, at 1 p.m. Central time.

“Many times, projects that begin in a forensics practice end in attorney review,” the company said in a release. “By creating a close partner relationship between your forensics practice and a data and technology management company, you can create results that include increased revenue for you, lower costs for your clients, and a better relationship with the legal team. This relationship can provide custom solutions that fit seamlessly with your current forensics services. Enjoy the benefits of the latest legal technology and data experts without the cost of bringing them in-house.”

The release continues:

As a leading data and technology management company, eTERA Consulting has successfully worked with forensic accounting firms, including the 11th largest in the country. This webinar will provide you with important business information about the following:

• The link between forensics and litigation technology
• Why partner with a data and technology management company
• Why eTERA Consulting is the best partner for your team
• The Electronic Discovery Reference Model services that can grow your practice
• Examples of how this relationship has benefited partners and clients
• The various benefits you will receive as an eTERA Consulting All1ance One Partner
• How to get started as an All1ance One eTERA Partner

A current All1ance One Partner will also share his experiences to-date including why he chose to join, the easy process in becoming a partner, and the benefits behind the program.

Register for the webinar.

Venio Systems will present a complimentary webinar July 16 at 1 p.m. Eastern time fon eDiscovery Defensibility. The webinar will focus on the risks of spoliation and data loss during the processing and review phases of eDiscovery that get very little attention in the eDiscovery press.

1. Processing Extraction Levels
2. Multiple Processing Applications
3. Technology Selection
4. Human Participation
5. Keyword Searching

The discussion will be led by Babs Deacon, Venio’s Vice President of Training & Education. She will be joined by Chuck Kellner, Senior Vice President at D4 LLC, and Ellen “Elle” Pyle, Discovery Counsel at McDermott Will & Emery.

Register for the webinar.

Exterro, a provider of e-discovery and information governance software solutions, is offering participants a chance to win a $400 gift card from American Airlines.

Participants are invited to answer a single question about e-discovery to be entered into the contest.

“Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost,” the company says on its website. “To this day, we remain committed to this vision as we deliver E-Discovery and Information Governance software solutions that help you manage your information assets more efficiently.”

Register for the gift card.

Hatmaker Law Group will present a complimentary webinar designed to help participants avoid claims arising from allegations that a business facility is not compliant under the American with Disabilities Act.

In a release, the firm writes, “Did you know that 40 percent of the ADA accessibility lawsuits filed in the U.S. are filed in the state of California? Have you taken the necessary steps to ensure compliance at your facility for your employees and patrons? Join us for this free one-hour webinar and learn the most common allegations charged against businesses, how to comply with the regulations and the possible extent of financial damages you can experience if found to be non-compliant, and what actions to take to avoid a claim.”

The webinar will be Wednesday, July 15, from noon until 1 p.m. Pacific time.

The guest speaker for the event will be Daniel Zoldak, Professional Engineer, Certified Access Specialist, of Lars Andersen & Associates.

Register for the webinar.

Although, typically, a commercial general liability insurance policy doesn’t cover breaches of contract, there are exceptions to that rule, and according to one recent decision those exceptions include breach of warranty claims, according to an article published by Spencer Fane Britt & Browne.

In Continental Cas. Co. v. Greater Omaha Packing Co., Inc., a wholesaler sued its supplier, asserting claims for breach of contract, breach of express warranty (premised on the product guarantee), and breach of the implied warranties of merchantability and fitness for particular purpose.

The court found that the contractual liability exclusion didn’t apply and, even if it did, the exception to the exclusion applied.

Read the article.

A group of airline customers has filed a federal class-action lawsuit in Dallas accusing four major U.S. airlines of violating antitrust laws by conspiring to artificially inflate airfares in order to reap huge profits.

The lawsuit filed July 8 says Texas-based Southwest Airlines (NYSE:LUV) and American Airlines (NASDAQ:AAL), Atlanta’s Delta Airlines (NYSE:DAL) and Chicago’s United Airlines (NYSE:UAL) conspired to restrict capacity by limiting routes and the number of available seats in order to charge artificially high prices.

“The defendants are so intent on raising profits that they appear to have colluded to gouge customers’ pocketbooks and keep airfares sky high,” says Dallas attorney Warren T. Burns of Burns Charest LLP, who represents the plaintiffs. “Agreeing to restrict capacity to keep your profits high marks the very definition of an antitrust violation.”

In a release, Burns Charest describes a series of economic conditions that should have resulted in more available airline seats and lower ticket prices, including increasing public demand for airline seats and the fact that airlines paid at least $1.50 per gallon less for jet fuel in 2014 compared to 2013. Instead, the supply of seats has remained virtually flat and airline fares skyrocketed at an inflation-adjusted rate of 13 percent from 2009 to 2014, the lawsuit says.

The filing follows last week’s announcement from the U.S. Department of Justice that it is investigating the airlines’ tactics. Similar lawsuits on behalf of airline customers have been filed in New York, Chicago, San Francisco, and Washington, D.C. Burns and Burns Charest have moved to transfer and consolidate all the civil cases in the U.S. District Court for the Northern District of Texas, where today’s lawsuit was filed, according to the firm’s release.

The case is Cumming, et al. v. American Airlines, Inc., et al., No. 3:15-cv-02253.

Burns Charest is a Dallas and New Orleans-based trial law firm with a national practice representing consumers and businesses. The firm represents clients in large, complex class actions; antitrust claims; oil and gas royalty disputes; environmental pollution cases; and asbestos exposure claims.

Hogan Lovells has announced that Maria Boyce, Jennifer Smith and Cristina Rodriguez will be joining the Litigation and Arbitration practice group as partners in the firm’s Houston office.

“As Houstonians with global practices and perspectives, Maria, Jennifer, and Cristina are the kind of market leaders who will add to our diverse, collaborative, and client-centered team,” said Stephen Immelt, CEO of Hogan Lovells. “Houston is critical for many of our energy clients in Texas and international clients in Latin America and beyond. We welcome Maria, Jennifer, and Cristina and the ability they bring to serve clients in this important market.”

Boyce, Smith, and Rodriguez join Hogan Lovells from Baker Botts. A Senior Litigation Partner who served three terms on the firm’s Executive Committee, Boyce previously served as partner-in-charge of the Houston office and head of the Houston office litigation department. Smith, who is a Qualified Solicitor in England and Wales, in addition to being licensed in Texas, assisted in opening the Baker Botts London office and spent eight years of her career there. She has also served on the firm’s Executive Committee, and has served as Deputy Chair of the Firm wide Litigation Department for seven years. Rodriguez was a founding member of the firm’s diversity committee and head of the professional liability practice group, as well as the former Hiring Partner of the Houston office.

“We are excited to be joining Hogan Lovells. The firm’s dynamic global platform fits perfectly with our practices and offers unique opportunities for our clients,” said Rodriguez. “Hogan Lovells has a diverse culture and a strong commitment to Houston, which is ideal for our group and our clients.”

“Not only are Maria, Jennifer, and Cristina first chair trial lawyers at the vanguard of dispute resolution in the 21st century, they are leaders in the Houston community,” said Bruce Oakley, managing partner of the firm’s Houston Office, in a release. “We could not be more pleased with this transformational step in the growth of our Houston office.” The release continues:

About the Lawyers

Maria Boyce: A highly respected and experienced trial lawyer, Boyce focuses on complex commercial litigation and intellectual property litigation. She has tried fraud, contract, patent infringement, trade secrets, and products liability cases within the energy and technology sectors to juries throughout the United States. She earned a B.A. cum laude from Connecticut College and a J.D. from Northwestern University School of Law.

Jennifer Smith: Smith concentrates her practice on complex international arbitration and international dispute resolution. She is a Qualified Solicitor in England and Wales and, having spent eight years of her career in London, she brings a great deal of experience in resolution of cross-border disputes arising out of international contracts in many industries, including energy, petrochemicals, shipping and technology. Smith is ranked in Chambers Global and is praised for her “‘intellect and technical understanding of the issues that are at the forefront of the energy industry.” She earned a B.A magna cum laude from Wellesley College and a J.D. with honors from The University of Texas School of Law.

Cristina Rodriguez: Rodriguez has built a strong practice in professional liability, employment, commercial and securities litigation both in state and federal courts. Her practice includes internal investigations and labor and employment counseling. Fluent in Spanish, Cristina has represented businesses that operate in Mexico, South America and Central America. She earned a B.A. summa cum laude from the University of Miami and a J.D. cum laude from Harvard Law School.

About Hogan Lovells

Hogan Lovells is a leading global legal practice providing business-oriented legal advice and high-quality service across its exceptional breadth of practices to clients around the world.

“Hogan Lovells” or the “firm” is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP. For more information, see www.hoganlovells.com.

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A Colorado oilman must pay $16.8 million to reimburse energy companies for legal fees they incurred defending his unsuccessful lawsuits against them, a federal judge in Wyoming has ordered, according to a report in The Casper Star-Tribune.

The defendant, Jack Grynberg, filed scores of lawsuits against natural gas and pipeline companies around the West in the late 1990s.

“Grynberg claimed the companies had underreported energy production from federal lands by billions of dollars and claimed he was due a share of the funds as a whistleblower under the federal False Claims Act.” the newspaper reported. “He stood to collect up to 30 percent of any award, but said he intended to donate proceeds to charity if he was successful.”

Casper lawyer Tom Reese is liaison counsel for the energy companies.

Read the article.

An article by Stephen M. Proctor of Masuda Funai illustrates the balance courts strike between the policy that disfavors perpetual contracts versus the policy that allows parties freedom of contract. Courts will strike down perpetual contracts but will allow parties to restrict their ability to terminate an agreement.

The article discusses the case of Burford v. Accounting Practice Sales, Inc. and Gary Holmes, which was decided recently in the 7th U.S. Circuit Court of Appeals.

The ruling shows that a party to a contract can limit its ability to terminate a contract except on specified conditions or specified causes, the article says.

Read the article.

Archer Norris has published a first-of-its-kind California Business Litigation White Paper revealing that many corporate lawyers view California’s litigation environment as hostile, characterizing it as “burdensome,” “complex,” and “cumbersome.” While California was once widely considered by corporations to be the Promised Land because of the unlimited economic opportunity the state offered, its increasingly oppressive legal and regulatory environment means it is now getting panned by many businesses.

Conducted in partnership with ALM Marketing Services, Archer Norris’s survey polled general and corporate counsel with business interests in California on their opinions of the California legal climate, how they evaluate litigation matters, and how they choose outside counsel for handling these matters.

Compared to other states, corporate counsel reported three practice areas in California as particularly fraught with risk and potential liability: employment litigation (67%), environment/regulatory matters (59%), and commercial litigation (43%), with the first two most negatively impacting their decision to conduct business in the state. Other factors giving them pause about doing business in California include its judicial system (43%), state and local taxes (42%), environmental regulations (34%), and health and safety codes (30%).

Given their feelings about litigating in California – four in ten indicated they are simply “resigned” to the cost of doing business in the state – many corporate counsel indicated they struggle in deciding whether to settle cases or proceed to court. Forty percent of respondents were required to make such a call on ten or more matters within the last year. Counsel most often assessed the short-term odds of success in court versus reaching a favorable settlement (73%), followed by considerations of their legal exposure or the dollar value of a potential settlement (72%).

“As a law firm that has maintained a singular focus on helping businesses meet the unique challenges and opportunities in California for 35 years, we can’t say we’re surprised by these findings,” said Gene Blackard, Managing Partner. “In fact, we owe our continued growth and success to our ability to efficiently guide clients through California’s increasingly complex legal terrain. We have strategically developed our practices to meet the diverse litigation and transactional needs of companies doing business in the state, maintain offices in key geographic regions, and offer creative alternative fee arrangements to every one of our clients.”

The survey also yielded insights about how in-house counsel evaluate which outside counsel offer the right mix of skills and experience to handle the challenging California litigation environment. At the onset of a legal engagement, the most important factors include law firm responsiveness, knowledge of the business and industry, and overall litigation costs.

To download the Business Litigation Playbook white paper, please visit: http://www.archernorris.com/Templates/media/files/AN-Business-Litigation-Playbook-0615.pdf

About Archer Norris

A leading California law firm, Archer Norris PLC has more than 100 attorneys admitted to practice in 15 states. The firm focuses on business law from five strategically located California offices in San Francisco, Sacramento, Walnut Creek, Newport Beach and Los Angeles. Archer Norris counsels clients in commercial and complex litigation, insurance coverage, bad faith litigation, business, health care, public entity, environmental, and real estate transactions throughout California and wherever our clients need us.

The standards for walkway safety have changed – and the way slip and fall lawsuits are going to change with them, reports The Expert Institute.

The Institute has produced a white paper that outlines crucial updates made by the (ANSI) B101 committee on safety requirements for slip, trip, and fall requirements, and how they will impact defendant liability in more than half of all slip and fall claims.

The information in this whitepaper will help readers:

• Use new testing standards to prove defendant liability
• Select better slip and fall cases
• Understand how these new standards will affect your practice

Download the white paper.

National law firm Wilson Elser announces that Jeffrey C. Hart has joined the firm’s Detroit Metro office in Livonia, Michigan, as of counsel. Prior to joining Wilson Elser, Hart was of counsel with Segal McCambridge Singer & Mahoney.

Hart litigates employment, complex commercial, product liability, medical malpractice, transportation, general liability, professional liability and workers’ compensation matters.

An accomplished attorney with more than 280 cases tried before various administrative agencies, judges and juries, Hart represents Fortune 500 companies, cities, universities, hospitals, physicians groups and individuals in civil and criminal matters.

“Jeff is a welcome addition to our Metro Detroit office,” said John Eads, regional managing partner of the office, in a release. “His experience representing clients across a broad spectrum of practices and industries adds tremendous value to the counsel we provide our clients and to our office – one of the firm’s newest. The clients who accompany Jeff will benefit from his role as their one point of contact for Wilson Elser’s national, full-service platform.”

Hart believes in staying abreast of the most recent developments in the legal sector and is affiliated with several bar associations, including the American Bar Association, DRI: The Voice of the Defense Bar and the State Bar of Michigan, and maintains memberships on numerous committees within each group.

Committed to pro bono service, Hart volunteers with the Homeless Experience Legal Protection (H.E.L.P), a program offered through Sts. Peter and Paul Jesuit Church’s Warming Center that assists homeless men and women with legal issues.

Hart earned his B.A. degree from Michigan State University (1992) and his J.D. degree from Loyola University Chicago School of Law (1995), where he served on the editorial board for the Loyola Consumer Law Reporter and on the advisory board for the publication’s predecessor, Loyola Consumer Law Review.

About Wilson Elser

Wilson Elser, a full-service and leading defense litigation law firm (www.wilsonelser.com), serves its clients with nearly 800 attorneys in 27 offices in the United States and one in London and through a network of affiliates in key regions globally. Founded in 1978, it ranks among the top 200 law firms identified by The American Lawyer and is included in the top 50 of The National Law Journal’s survey of the nation’s largest law firms. Wilson Elser serves a growing, loyal base of clients with innovative thinking and an in-depth understanding of their respective businesses.

Matthew L. Simmons has joined Coats Rose as an associate in the firm’s Commercial Litigation practice group in the Houston office.

Simmons’ practice focuses on complex commercial and construction litigation. He counsels clients on the broad range of issues related to commercial litigation, trade secrets and employment disputes. His practice includes significant representations in Federal and State Court.

Prior to joining Coats Rose, Simmons was an associate at an AmLaw 10 firm. He received the CALI Award for Legal Practice 1, and the Jurisprudence Award for contracts, NAFTA, and Public International Law while at the Texas Tech University School of Law.

Coats Rose is a business transaction and litigation law firm based in Houston, Texas. For more than 25 years, Coats Rose attorneys have worked with clients in construction/surety law, real estate law, commercial litigation of all types, municipal law, public finance, affordable housing, insurance law, labor and employment law, and governmental relations. Coats Rose is comprised of more than 90 attorneys, with offices in Houston, Austin, Dallas, San Antonio, and New Orleans.

Trial lawyer Mark Lanier of Houston-based The Lanier Law Firm will be recognized with the Lifetime Achievement Award by the American Association for Justice (AAJ) at the organization’s annual convention on July 14, 2015.

The Lifetime Achievement Award recognizes an AAJ member of at least 20 years standing whose courtroom advocacy has powerfully advanced the rights of the wrongfully injured and who has significantly furthered the cause of justice and the mission of the Association.

The Washington, D.C.-based AAJ is the world’s largest trial bar, providing trial attorneys with information, professional support and a nationwide network that promotes a fair and effective justice system.

“To receive this award, the highest given by the AAJ, is a true milestone in my career,” says Mr. Lanier. “My ongoing commitment, and the commitment of every attorney in this firm, is to uphold the AAJ’s mission and to ensure that any person who is injured by the misconduct or negligence of others can obtain justice.”

Read the whole story.

The U.S. branch of a China-based company was hit with $31.5 million patent infringement verdict, reports the Southeast Texas Record.

The plaintiff DataQuill, sued ZTE Corp. and its U.S. subsidiary in 2013 in the U.S. District Court for Eastern Texas, Marshall Division.

Nearly two years later, a Texas federal jury found ZTE USA infringed on two of the company’s patents, awarding $31.5 million in damages, court records show.

Read the article.

The parents of a community college student who went into a coma and died after a diagnostic test at Phelps Memorial Hospital Center in New York State have reached an $18.1 million settlement with the hospital and doctor who treated their daughter.

A report in lohud.com, a Gannett company, said Raina Ferraro, 19, had an endoscopy, in which a hollow tube is inserted into the body, usually through the mouth, at Phelps in January 2013 after experiencing stomach pain.

During the procedure, the patient went into cardiac and respiratory arrest. She died in May after more than two years in a vegetative state.

Her parents were represented by attorney Sanford Rubenstein.

Read the article.

A paper published recently by Finnegan, Henderson, Farabow, Garrett & Dunner discusses a court decision that may have implications for enforcing settlement agreements in litigations when the other party tries to renounce.

“A plaintiff executed a settlement agreement received from the defendants, but later asserted that its acceptance of the agreement was contingent upon the defendants’ execution of the settlement by a specified deadline,” authors of the Finnegan paper explain. “Even though the defendants failed to sign by the deadline, the court enforced the agreement, finding that the signing deadline was not a material term of the settlement.”

The case is Adaptix, Inc. v. ASUStek Computer Inc., in which the plaintiff, Adaptix, executed a settlement agreement received from defendants ASUStek Computer Inc. and Asus Computer International, but later asserted that its acceptance of the agreement was contingent on ASUS’s execution of the settlement agreement by a specified date.

Read the paper.

Thousands of slip, trip, missteps and fall accidents and train collisions occur each year at railroad stations, terminals, and
grade crossings resulting in serious injuries causing a significant drain of financial resources.

A paper recently presented at the 2015 Joint Rail Conference provides guidance in identifying common safety hazards and easy ways to reduce or eliminate these dangers. Authors of the paper are Carl Berkowitz, Ph.D., PE and Louis D. Rubenstein, a retired traffic engineer.

The paper covers a variety of safety issues, which are commonly present in a railroad environment. It also provides estimates regarding the cost of railroad related pedestrian accidents. More than 95 percent of injuries on rail system injuries are minor. The top one percent of injury claims can account for 20 percent of the total claims’ cost.

Download the white paper.

Two prominent Dallas business litigation boutiques – Gruber Hurst Johansen Hail Shank and Elrod – have announced that they are merging their law practices.

The combined law firm will have 30 lawyers, making it one of the largest commercial litigation-only law firms in the Dallas-Fort Worth area.

“Lawyers at both firms say their merger comes at a strategic time because they expect to see an increase in contract and commercial litigation in the oil and gas sector because of the falling oil prices,” says a Texas Lawbook report posted on the Gruber Hurst website.

Read the article.