News and Events for Attorneys and Executives

Commercial

Thompson & Knight Assists Frog Scooters with Launch in Chile and Portugal

News
The law firm of Thompson & Knight LLP has assisted Frog Scooters, Inc. with the launch of operations in Chile and Portugal.

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Disclaiming Reliance in Texas Requires Specificity

Insight
The court endorsed provisions that disclaim reliance on any representations other than those explicitly made in the agreement, further clarifying its previous holdings on this issue.

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Key Terms in Negotiating a Statement of Work

Insight
The importance of the terms in a state of work is sometimes overlooked by both business and legal teams because an SOW is commonly considered a business document rather than a legal document, writes Stephen F. Pinson in a Scott & Scott blog post.

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McGuireWoods Hit With Records Demand in Suit Over Energy Deal

News
Bloomberg Law reports that an importer-exporter who says two former partners and their attorneys at McGuireWoods LLP used dirty tricks to strip their joint venture of its assets has accused the law firm of sitting on the records he needs to prove it.

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Federal Appeals Court Upholds $9.5 Million Judgment for Encompass Office Solutions

News
The appellate court found that BlueCross BlueShield of Louisiana failed to properly reimburse Encompass Office Solutions for in-office medical procedures.

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Apple, Qualcomm Settle Bitter Dispute Over iPhone Technology

Apple, Qualcomm Settle Bitter Dispute Over iPhone Technology

News
Apple will make an undisclosed one-time payment to Qualcomm and pay unspecified patent royalties to the chipmaker, reports the San Francisco Chronicle.

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Revenge of the Robocall Recipients: Jury Finds Marketer ViSalus Liable for 1.8 Million Calls

News
Thei verdict exposes ViSalus to statutory damages of about $925 million, which could be trebled.

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Boeing Shareholder Files Class-Action Lawsuit, Alleges Plane Maker Concealed 737 Max Safety Risks

News
Shareholder Richard Seeks claims Boeing “effectively put profitability and growth ahead of airplane safety and honesty,” causing investors to suffer economic losses.

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Former Hertz General Counsel Rebuffs Demand for Clawback

News
The Hertz suit accused the former executives of pressuring employees to use fraudulent accounting techniques to inflate income and earnings, reports The Global Legal Post.

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Key Considerations When Contracting Cloud

Key Considerations When Contracting Cloud

Insight
It makes sense to check whether the key features are (or can be) described in a document and to refer to that description in the agreement, according to Baker McKenzie.

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Audit Provisions in Services Agreements

Insight
In many cases, the customer is the auditing party and the service provider is the audited party, but there are situations where the roles will be reversed.

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Webinar: The Role of In-House and External Counsel in Managing Open Source

Webinar: The Role of In-House and External Counsel in Managing Open Source

Webinar, April 18, 2019
Flexera will present a complimentary webinar discussing the role of in-house and external counsel in managing open source software in the business environment.

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San Antonio Bans Chick-fil-A From Its Airport, Sparking Controversy

News
The City starts out ahead, but Chick-fil-A could catch up if it shows that this decision was based solely on its unrelated speech rather than a standard contract-procurement process, according to Dallas attorney David Coale of Lynn Pinker Cox & Hurst.

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Key Terms for Provider Contracts

Insight
A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes, advises Kim Stanger of Holland & Hart.

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An Anti-Reliance Clause Should Actually Disclaim Reliance on Extra-Contractual Representations

Insight
Nothing is more fundamental to private equity deal practice than limiting the exposure of private equity sellers for post-closing claims, writes Glenn D. West for Weil, Gotshal & Manges LLP’s Global Private Equity Watch.

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After Years of Apologies for Customer Abuses, Wells Fargo CEO Suddenly Quits; GC Takes Over

After Years of Apologies for Customer Abuses, Wells Fargo CEO Suddenly Quits; GC Takes Over

News
Wells Fargo general counsel C. Allen Parker will take over as interim president and chief executive of the company after the abrupt departure of chief executive Tim Sloan on Thursday.

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Keeping Boilerplate Coupled to the Transaction: The Ongoing Struggles with ‘Wrap’ Arbitration Provisions

Insight
The relevant hyperlink concerning arbitration was “neither spatially nor temporally coupled with the transaction,” the court found.

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Energy Market Manipulation Remains a Hot Issue at FERC

Insight
The Federal Energy Regulatory Commission is continuing to aggressively investigate and bring enforcement action against companies that engage in energy market manipulation, reports WilmerHale in its 10-in-10 Hot Topics in Energy Series.

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Webinar: The Role of Financial Experts in Commercial Litigation

Webinar: The Role of Financial Experts in Commercial Litigation

Webinar, March 26, 2019
Expert Webcast will present a complimentary webinar roundtable titled “The Role of Financial Experts in Commercial Litigation.”

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Unambiguous Terms of Written Contract Trump Claims of Fraudulent Inducement

Insight
A recent Texas Supreme Court opinion provided a definitive answer to the question of whether a party can ignore the written words of a contract that directly contradict what you are being told by your counterparty is the real deal.

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