News and Events for Attorneys and Executives

Commercial

Undefinitized Contracts – Turner Construction Co. v. Smithsonian Institution

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The Civilian Board of Contracts Appeals recently issued a decision addressing how a board should respond if the contracting parties cannot agree to a firm price for an undefinitized contract that a contractor fully performs, reports Bradley Arant Boult Cummings LLP.

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Key Commercial Questions When Contracting for Digital Health Solutions

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Covington’s Digital Health team considers some key questions that companies across the life sciences, technology, and communications industries should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.

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Are Noncompetes With Independent Contractors Enforceable?

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An article on the website of Fisher & Phillips discusses the question: Will a noncompetition agreement be enforceable against the independent contractor?

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Tax Reform Plan Makes C Corporations More Appealing

Tax Reform Plan Makes C Corporations More Appealing

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The reduction of the top corporate tax rate from 35 percent to 20 percent could certainly lead to a renewed interest in C corporations, said Dallas tax lawyer Nathan Smithson of Jackson Walker LLP.

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Tree Trimming Firm Pays Biggest Fine in U.S. Immigration Case

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A tree trimming company has been handed the largest penalty imposed in a United States immigration case, totaling $95 million, after pleading guilty to employing illegal immigrants, Reuters reports.

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Alabama Lawyers, Coal Executive Indicted On Bribery Charges

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Two partners in prominent Alabama law firm Balch & Bingham have been placed on indefinite leave after named on charges including conspiracy and bribery, the AP reports.

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Unlock the Secrets to Purchasing Contract Management

Unlock the Secrets to Purchasing Contract Management

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Conga has published The Ideal Buyer ‘s Guide to CLM, to help users learn more about the steps to take to identify the ideal contract management platform for an organization.

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Top-Tier College Coaches, Adidas Rep Charged With Bribing Players

Top-Tier College Coaches, Adidas Rep Charged With Bribing Players

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The case followed allegations that an executive at an apparel company bribed students to attend universities where the company sponsored athletic programs.

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Energy Contract Lawsuits Expected to Jump in Harvey’s Wake

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Lawyers expect a spate of force majeure contract lawsuits after Hurricane Harvey tore through Southeast Texas and parts of Louisiana last month, paralyzing a fifth of U.S. fuel output and pushing some oil production offline, Reuters reports.

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Just How Broad is That Arbitration Clause in Your Transportation Contract?

Just How Broad is That Arbitration Clause in Your Transportation Contract?

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Holland & Knight’s Transportation Blog covers a case of first impression that presents a reminder to companies to review their arbitration clauses and confirm if they are drafted properly.

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Fast and (Sometimes) Furious: Acceleration and Compensability in Construction Contracts

Fast and (Sometimes) Furious: Acceleration and Compensability in Construction Contracts

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A major consideration in acceleration clauses is whether the contractor is getting for the speed up in work, writes Brian L. Lynch for Faegre Baker Daniels.

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Does Harvey Give You An Excuse: Force Majeure And Related Contract Doctrines

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In the wake of Hurricane Harvey, a number of energy companies have declared force majeure or announced shutdowns in southeast Texas, the nation’s hub for petrochemical plants and refineries, reports David M. Bond in Kane Russell Coleman Logan’s Energy Law Today blog.

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How to Guarantee Bad Performance From Your Vendors

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A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor, writes Matt Hafter for Thompson Coburn LLP. Then there’s the other kind of agreement.

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Defining Personal Information in Contracts

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The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition, points out David A. Zetoony of Bryan Cave.

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The 5 Most Overlooked Elements Of NDAs

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Tom Kulik of Dallas-based Scheef & Stone writes about a trend toward companies and counsel using rote reliance on forms for non-disclosure agreements without thinking through the implications.

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Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

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A post by Joshua M. Pellant of Faegre Baker Daniels discusses the use of  a provision for a stipulated or “liquidated” damage amount in the event of specified contract breaches in construction contracts.

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ADA Website Wars Coming to a Retailer Near You

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A federal judge in Florida found that a grocery chain’s website was inaccessible to visually impaired individuals and thus violated the ADA because features such as the website’s online coupons and pharmacy could not be accessed using a screen reader.

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2017 Litigation Finance Survey Shows Continued Growth

2017 Litigation Finance Survey Shows Continued Growth

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Global finance firm Burford Capital announced the results of its 2017 Litigation Finance Survey of lawyers and financial professionals at law firms and companies in the US, UK and Australia. The independent research builds on prior surveys commissioned by Burford to study third-party funding of commercial litigation and arbitration.

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Announcing LawGeex 4.0 – Contract Review Automation

Announcing LawGeex 4.0 – Contract Review Automation

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LawGeex combines machine learning algorithms and text analytics to quickly review and approve everyday contracts, helping businesses answer the question “Can I sign this?”

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Equifax Execs Sold Shares Before the Hack Was Announced – But Was It Insider Trading?

Equifax Execs Sold Shares Before the Hack Was Announced – But Was It Insider Trading?

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Los Angeles Times reporter James Rufus Koren examines the question: Did three Equifax executives, including the chief financial officer, engage in insider trading when they sold thousands of shares in the days after the company discovered a massive security breach?

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