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The Top Five Ways to Ruin Your Contracts

The Top Five Ways to Ruin Your Contracts

Insight
Forbes contributor Jack Garson says a company’s contracts can be remendous assets that lock down rights to money, goods and services. But common mistakes can ruin all of that.

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Service Contract Sold Separately (Batteries Not Included)

Service Contract Sold Separately (Batteries Not Included)

Insight
Companies should use a conservative approach when offering protection plans for products, advises Weil, Gotshal & Manges LLP in its Product Liability Monitor.

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Data Privacy and Security Contractual Provisions

Insight
Business relationships often do not have contractual language applicable to data privacy and security, writes Linn Foster Freedman for Robinson+Cole LLP.

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Ruling Allows Sandy Hook Case to Go Forward: A Path Around Federal Protection for Gun Makers?

Ruling Allows Sandy Hook Case to Go Forward: A Path Around Federal Protection for Gun Makers?

News
The decision that kept the landmark gun case alive possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act.

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U.S. Judge Rules Qualcomm Owes Apple Nearly $1 Billion Rebate Payment

U.S. Judge Rules Qualcomm Owes Apple Nearly $1 Billion Rebate Payment

News
A district judge in California ruled Thursday that Qualcomm must make the rebate payments to Apple, which for years used Qualcomm’s modem chips to connect iPhones to wireless data networks.

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CEO of OxyContin-Maker Says Bankruptcy is ‘an Option’ as Company Faces Opioid Lawsuits

News
Declaring bankruptcy could halt litigation against the company, bankruptcy lawyers said, and it can be more difficult for plaintiffs to secure judgments in bankruptcy court than in civil court.

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Roundup Cancer Claims Could Come Down to a Feather’s Weight

Roundup Cancer Claims Could Come Down to a Feather’s Weight

News
Roundup, not hepatitis, caused the plaintiff’s cancer, his lawyers argued at a critical juncture in the company’s second U.S. trial over the popular herbicide.

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7th Cir. Holds Mere Need for Extrinsic Evidence to Interpret Ambiguous Contract May Not Be Enough to Avoid Class Cert

Insight
The Seventh Circuit held that merely requiring extrinsic evidence to interpret a provision of a form contract does not render class certification improper, and that absent a more thorough explanation of its reasoning from the trial court, it could not uphold the trial court’s ruling decertifying the class.

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The Art of Holding Harmless: Indemnification Provisions in Supply Agreements and How They Differ from Warranty

Insight
An indemnity is a powerful risk allocation tool that deserves careful attention and a critical eye, both in terms of subject matter and administration, according to Foley & Lardner’s Manufacturing Industry Advisor.

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Judge Hears Arguments for Tossing Neiman Marcus Fraud Lawsuit

News
“This is a $1 billion fraudulent transfer case,” an opposing lawyer told the state district judge.

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Economic Value Added: The Good, the Bad, and the Complex

Economic Value Added: The Good, the Bad, and the Complex

Webinar, March 21, 2019
While EVA (or Economic Value Added) is not new, it has been one of the more obscure financial performance metrics for incentive compensation, according to the NACD.

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How Parties’ Intentions Affect Contract Processes in Paper, Electronic and Smart Contracts

Insight
Developing skills that get the best representation of your intentions into an agreement can yield long-term benefits, writes Jesse P. Elison of Fox Rothschild.

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Texas Supreme Court Ruling on Attorney-Client Privilege Can Benefit Insurers

News
The ruling is significant to Texas because it aligns the state with the federal rules on expert disclosure and production.

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Court Agrees General Counsel Was Fired for Whistle-Blowing; Upholds $8 Million Verdict

News
The 9th Circuit ruled that the former general cousnel had acted as a whistle-blower and was dismissed in retaliation for reporting conduct that he “reasonably believed” to be illegal.

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Elon Musk Defiant As Judge Orders Him to Explain Tesla Tweets

Elon Musk Defiant As Judge Orders Him to Explain Tesla Tweets

News
Tesla’s internal system designed to have an in-house lawyer vet Elon Musk’s tweets didn’t work in this case because his social-media minder didn’t bless the Feb. 19 post.

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UBS Lawyers Played Hardball With French Enforcers, Failed Spectacularly

News
The bank has been ordered to pay more than $5 billion in the tax-evasion case — matching what was sought by prosecutors.

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Contracting to Avoid Tort-Based Punitive Damages Awards

Insight
Damages for breach of contract are normally constrained by common-law rules designed to compensate the non-breaching party for the nonperformance of the breaching party, rather than to punish the breaching party.

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International Contracts and Why What You Think ‘Can’t Hurt’ Usually Does Hurt

Insight
Dan Harris explains the potential drawbacks of using some standard boilerplate clauses in contracts outside common law countries.

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$43M Awarded to Intellectual Ventures I LLC in Patent Infringement Trial

News
The jury also determined T-Mobile and Ericsson failed to provide convincing evidence that Intellectual Ventures’ claims involving the patents were invalid.

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A Guide to Joint Development and Collaboration Agreements

Insight
Protecting intellectual property is a challenge, especially when entering into a joint development agreement, warns Hogan Lovells.

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