News and Events for Attorneys and Executives

Commercial

Morgan Lewis: Royalty Refresh (Part 1)

Insight
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

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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

News
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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Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek to Enforce Contracts

Insight
A post on the website of Pepper Hamilton describes a North Carolina case that involved non-signatories to a construction contract attempting to avoid the contract’s arbitration claim.

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Ex-JPMorgan Trader Pleads Guilty in Six-Year Spoofing Plot

News
A former precious-metals trader said to have worked at JPMorgan Chase & Co. admitted he engaged in a six-year spoofing scheme that defrauded investors in futures contracts with the help of his colleagues and bosses, Bloomberg Law reports.

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Forex-Rigging Settlements Yield $300M for Class Counsel

News
The settlement is the third largest antitrust class action settlement in history, according to plaintiffs.

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West Mermis Named to National Best Law Firms for 2019

West Mermis Named to National Best Law Firms for 2019

News
Houston-based construction and business litigation firm West Mermis, PLLC, has earned national recognition among the Best Law Firms in the country by U.S. News & World Report and The Best Lawyers in America.

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A Legal Guide to Power Generation Mergers and Acquisitions

A Legal Guide to Power Generation Mergers and Acquisitions

Insight
POWER magazine has posted the first of a two-part series examining what dealmakers need to know before making any power industry mergers and acquisitions.

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New York State Takes the Lead to Settle International Contract Disputes

New York State Takes the Lead to Settle International Contract Disputes

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New York State has taken steps to smooth the often rough road for resolving international contract disputes, and parties are finding the new procedures comparatively easy to follow, according to post on the website of Daniel Kron.

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Trends in M&A Provisions: Indemnity Caps

Insight
M&A purchase agreements generally include indemnification provisions, pursuant to which any given party agrees to defend, hold harmless, and indemnify the other party or parties from specified claims or damages, according to a post on  the Goulston & Storrs website.

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