News and Events for Attorneys and Executives

Commercial

Sometimes You Get Away with Unwritten Contracts

Sometimes You Get Away with Unwritten Contracts

Insight
One area where the distinction between written versus unwritten agreements makes a difference is in the calculation of the statute of limitations, points out Christopher G. Hill in his Construction Law Musings blog.

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Has the Government ‘Waived’ Goodbye to Strict Compliance with Your Contract Specifications?

Insight
A recent Armed Services Board of Contract Appeals decision confirmed that waiver defenses can defeat government demands for strict compliance with contract requirements, reports Cohen Seglias Pallas Greenhall & Furman.

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Negotiating Commercial Contracts – Insurance Words of Wisdom

Negotiating Commercial Contracts – Insurance Words of Wisdom

Insight
Many commercial contracts contain risk-transfer provisions, including indemnification and insurance requirements, according to SandRun Risk.

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Barnes & Noble Fires Its CEO Without Severance Pay

Barnes & Noble Fires Its CEO Without Severance Pay

News
USA Today reports that the move  came on the advice of  Barnes & Noble’s law firm, Paul, Weiss, Rifkind, Wharton & Garrison.

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Contracts: Are You Accepting an Offer or Not?

News
A lack of precision in responding to an offer can lead to confusion as to whether or not a contract has been formed, warns an article published by Burns & Levinson.

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Fixed-Price Contracts Are Simple – Or Are They?

Podcast
There is very little case law guiding the practical approach to fixed-price contracts, but a Pepper Hamilton podcast offers some guidance.

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Drafting the Arbitration Provision in Commercial Contracts: Back to Basic

Insight
A good practice is for the arbitration clause to be detailed and to specify a variety of terms, advise John P. DiBlasi and Jacqueline I. Silvey in an article for National Arbitration and Mediation.

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Eliminating the Surprise Factor from Construction Contracts: Tips for Owners and Developers

Eliminating the Surprise Factor from Construction Contracts: Tips for Owners and Developers

Insight
On construction projects, owners and developers often are familiar with standard contract language and provisions, but the industry is continually evolving, according to a paper published by Zetlin & De Chiara LLP.

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IP Indemnification in Contracts

Insight
An IP indemnity clause typically includes the obligation to defend against third party IP claims, according to a Morgan Lewis post.

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Progress Payments: What to Do When the Money Stops Trickling In

Insight
Faegre Baker Daniels says the contractor should look to its contract with the owner to find answers to two questions: Does the contract require the contractor to take a certain action? And, is payment”clearly due and owning?”

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Contracts with Foreign Companies May Require a Rewrite

Contracts with Foreign Companies May Require a Rewrite

News
The California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to as the Hague Service Convention.

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PA Court Rejects Fracking Company’s Appeal In ‘Rule Of Capture’ Decision

PA Court Rejects Fracking Company’s Appeal In ‘Rule Of Capture’ Decision

News
A Pennsylvania appeals court rejected a request by a natural gas production company to rehear a case whose outcome could affect drillers across the country, reports WSKG.

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‘Gross Up’ Provisions in Office Leases

Insight
Contrary to a tenant’s natural reaction, the “gross up” of operating expenses in a multi-tenant office building is neither nefarious nor inappropriate, according to William Hof of Husch Blackwell.

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An Arbitrator’s Power May Be Greater Than That of a Judge

Insight
Although an arbitration agreement can be written (double-spaced) on one side of a cocktail napkin, in some cases it may grant greater authority to an arbitrator than a judge has, writes Narges Kakalia of Mintz Levin.

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Supreme Court Closes Sales Tax Loophole in E-Commerce

Supreme Court Closes Sales Tax Loophole in E-Commerce

News
The decision was a victory for brick-and-mortar businesses that have long complained they are put at a disadvantage by having to charge sales taxes while many online competitors do not, according to The New York Times.

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Seventh Circuit Hands Win to Merchants in Data Breach Case

Seventh Circuit Hands Win to Merchants in Data Breach Case

Insight
Data breaches inflict additional costs on financial institutions, leading those institutions to turn to litigation to recoup their losses from merchants, writes Ehren M. Fournier in a post on the website of Schoenberg Finkel Newman & Rosenberg LLC.

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Reducing the Cost of Arbitrating Large Complex Cases

Reducing the Cost of Arbitrating Large Complex Cases

Insight
The Streamlined Three-Arbitrator Panel Option allows parties to utilize a single arbitrator for the preliminary and discovery stages of a case, the AAA explains.

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Rent-A-Center to Be Acquired by Vintage Capital for $15 Per Share in Cash

News
The transaction represents a total consideration of approximately $1.365 billion, including net debt, the companies said in a news release.

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Contractual Allocation of Intellectual Property Ownership

Contractual Allocation of Intellectual Property Ownership

Insight
Before entering into a business deal where intellectual property rights are implicated, it is usually better for the parties to spell out ownership rather than leave intellectual property ownership to be allocated by default laws, advises Morgan, Lewis & Bockius.

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$17M Target Data Breach Settlement Affirmed on Second Try

$17M Target Data Breach Settlement Affirmed on Second Try

News
The settlement, which provides for a $10 million fund for customers and $6.75 million for plaintiffs’ attorneys, won final approval in November 2016, according to Bloomberg Law.

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