News and Events for Attorneys and Executives

Commercial

‘Retaliatory Amendment’ of an LLC Operating Agreement

Insight
Author Kevin Brodehl discusses a recent opinion from the Supreme Court of New York that illustrates how the process of amending an LLC’s operating agreement can sometimes be used to gain the upper hand in a dispute between members.

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Contract ‘Busts’: Trying to Decipher Provisions That Literally Make No Sense

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In an ABA Journal column, Bryan Garner explores the curiosity of “busts”—the prevalence of contractual provisions, sometimes perpetuated in deal after deal, that make no literal sense at all.

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Supply Chain News: Getting Outsourcing Contracts Right

Insight
When contracting with outsourcing firms, there is often a lot of dissatisfaction with the outcomes, says Kate Vitasek, a consultant and University of Tennessee faculty member.

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Tesla Replaces General Counsel With Seasoned Beltway Trial Lawyer

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Tesla announced on Friday that General Counsel Todd Maron is leaving the electric vehicle maker, the second high-ranking attorney to do so this quarter.

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Judge Sets Apple v. Qualcomm Trial Date as Apple Lawyer Refutes Possibility of Settlement

Judge Sets Apple v. Qualcomm Trial Date as Apple Lawyer Refutes Possibility of Settlement

News
A jury trial in Qualcomm’s wide-ranging legal war with Apple has been set to begin April 15 in San Diego federal court, with a settlement looking unlikely at this point, reports The San Diego Union-Tribune.

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U.S. Judge Gives Preliminary OK to VW Investor Settlement

U.S. Judge Gives Preliminary OK to VW Investor Settlement

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The German automaker admitted in September 2015 to secretly installing software in nearly 500,000 U.S. cars to cheat government exhaust emissions tests.

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Solving the Mystery of Contracting By Hyperlink

Solving the Mystery of Contracting By Hyperlink

Insight
Courts are developing an increasingly consistent view of what is required to successfully incorporate contract terms by reference using hyperlinks, according to Troutman Sanders.

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Morgan Lewis: Royalty Refresh (Part 1)

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The first in a series of posts on royalty calculation and payment from Morgan, Lewis & Bockius focuses on issues related to defining the relevant scope of royalty calculations in an agreement.

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Guidelines for GDPR Compliance in Third-Party Contracts

Guidelines for GDPR Compliance in Third-Party Contracts

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A company an take some steps to fulfill its obligations in contracts with third parties and mitigate risks regarding third parties’ data misuse under the GDPR.

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When are Unilateral Termination Rights in a Commercial Lease Enforceable?

When are Unilateral Termination Rights in a Commercial Lease Enforceable?

Insight
When drafting unilateral termination provisions that require minimal conditions to their being triggered, one should be cognizant that some condition or burden must be placed on the terminating party so as not to void the entire agreement.

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CVS-Aetna Closes Deal; Not So Fast, Judge Says

CVS-Aetna Closes Deal; Not So Fast, Judge Says

News
Reuters is reporting that a federal judge on Thursday raised the prospect of not approving CVS Health Corp’s deal to buy insurer Aetna Inc, which closed earlier this week, during a routine portion of the legal process.

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‘An’ Versus ‘Any’: When One Word Makes a Profound Difference in an Insurance Contract

Insight
The words “the,” “an” and “any” have been assigned significant importance in the case law, and are also at issue in cases examining other liability exclusions, according to Jones, Skelton & Hochuli.

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Contract Review Tips for Long-Term Care Facilities

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A long-term care facility can execute contracts with many different vendors including food product and service vendors, laundry and linen providers, IT companies, and others, points out a post from Poyner Spruill.

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Electronically Signed Email Exchange May Constitute Enforceable Real Estate Contract

Insight
If you don’t want your emails to be binding contracts, don’t sign them, or better yet, don’t write them in the first place, warns a post in the Ohio Real Estate Law Blog of Kohrman, Jackson & Krantz.

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Best Practices in Commercial Real Estate: Commitment Letter

Best Practices in Commercial Real Estate: Commitment Letter

Insight
While a commitment letter in the real estate lending process fleshes out any issues or misunderstandings between the parties prior to the preparation of the ultimate loan documents, it is important to be aware of some potential pitfalls and issues that it can present.

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Court Reconsiders and Reverses Earlier Ruling Finding That Contractual Consent Cannot Be Revoked

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TCPAland reports on a reversal of fortune: The Northern District of Alabama has officially been reconsidered and reversed itself on a contractual consent decision.

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Non-Compete Cautionary Tale

Insight
A recent post on Robinson+Cole’s Manufacturing Law Blog discusses a recent court decision that underscores the need for manufacturers to exercise caution when seeking to impose post-employment restrictions on key employees.

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Blockchain Alliance Reaches 100 Members

Blockchain Alliance Reaches 100 Members

News
Steptoe & Johnson LLP announced that the Blockchain Alliance, a public-private forum to combat criminal activity involving cryptocurrencies and blockchain technology, has grown to include 100 industry and government agencies in 19 countries.

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2018 Third-Party Risk Management Benchmark Report

2018 Third-Party Risk Management Benchmark Report

Insight
NAVEX Global has published a new report discussing how to assess your program maturity, gain organizational buy-in and understand the value of a comprehensive third-party due diligence program.

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IADC Journal Covers Asbestos, Punitive Damages and Manufacturers’ Legal Hurdles

Insight
The International Association of Defense Counsel (IADC) has published its fourth quarter 2018 Defense Counsel Journal (DCJ) with scholarly articles that explore current trends in the practice of law.

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