News and Events for Attorneys and Executives

Tag: CommercialLaw

Don’t Assume What a Court Will Assume About Your Contract

Insight
Eric D. Mulligan of Hudson Cook, LLP writes about a case that illustrates the importance of drafting a contract that will avoid questions of interpretation by making the terms clear and apparent from the face of the text.

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Commercial Contracts in the USA

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Greenberg Traurig offers a wide-ranging discussion of commercial contracts in a post on the Lexology website.

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U.S. State AGs Looking into Expedia Group, Hotel Practices in Antitrust Probe

News
Court documents name the hotel chains Hyatt, Marriott, Caesars Entertainment Corp and Choice Hotels International Inc.

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Boeing Appoints Legal Czar to Oversee Fallout From Fatal 737 MAX Crashes

News
Statements indicate Boeing plans to take an aggressive stance in responding to civil allegations and any potential criminal accusations.

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Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key

Insight
Entering into a clearly drafted lease agreement at the outset of the relationship helps to set expectations, which minimizes the possibility of disputes over how the lease should be interpreted, according to Ward and Smith.

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Audit Provisions in Services Agreements

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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 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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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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Service Contracts and the Magnuson-Moss Warranty Act

Insight
Although service contracts mirror many of the features of traditional insurance products, most states expressly exclude them from the statutory definition of insurance, according to an article by two Locke Lord lawyers.

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Limiting Exposure With a Limitation of Liability Clause

News
Where sophisticated parties have bargained for a limitation of liability clause in an arms-length transaction, courts are likely going to enforce that clause to limit the damages that may be recovered.

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Google Fails to Get IP Suit Transferred Out of Plaintiff-Friendly East Texas

Google Fails to Get IP Suit Transferred Out of Plaintiff-Friendly East Texas

News
Google said the case should be transferred because the presence of its servers in the district doesn’t amount to a regular and established place of business under the patent venue statute.

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Texas Court Addresses Bad Acts in an Oil-Patch Lease Play

Insight
Was a partnership formed by a letter agreement, a participation agreement and the actions of the parties?

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Another Reason Not to Use Fixed Price Buy-Sell Agreements

Another Reason Not to Use Fixed Price Buy-Sell Agreements

Insight
Fixed price buy-sell agreements in theory offer two main advantages over pricing mechanisms that utilize formulas or appraisals at the time of the trigger event.

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Autonomous Vehicle Survey Shows Desire for Consistent Regulation to Dispel Safety Concerns

Autonomous Vehicle Survey Shows Desire for Consistent Regulation to Dispel Safety Concerns

Insight
The survey, conducted in partnership with the Association for Unmanned Vehicle Systems International, finds that tech and auto leaders and regulators believe a comprehensive, coherent regulatory regime is needed for consumers to feel secure buying and using driverless cars.

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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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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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New York State Takes the Lead to Settle International Contract Disputes

New York State Takes the Lead to Settle International Contract Disputes

Insight
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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Spotlight on No-Poach Agreements Continues, Expands to New Industries

Spotlight on No-Poach Agreements Continues, Expands to New Industries

Insight
Companies that engage in no-poach agreements should be prepared for governmental scrutiny as well as private litigation from former employees, warns Skadden, Arps, Slate, Meagher & Flom.

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Ten Key Issues in Addressed Lease Agreements for Companies

Insight
An understanding of the unique features of equipment lease contracts should help a company work with its bank to structure and document a mutually acceptable lease agreement, according to a Steptoe & Johnson post.

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