Commercial
Can You Be Forced to Sign This Contract Modification?
Insight
If the contractor did not sign off on the required contract modifications, the Postal Service’s email threatened contract termination.
When a Promise Isn’t Enough – Crafting Proper Employee Patent Assignments
Insight
Unless employee patent assignments are drafted with care, manufacturers will find themselves in the unenviable position of not owning patent rights to their employees’ work, warns Foley & Lardner.
Enforcing a Non-Compete Agreement? One Size Does Not Fit All
Insight
There is no one-size-fits-all non-compete agreement, and the enforceability of a non-compete agreement turns upon the state law under which it is construed, points out a blog post from Knobbe Martens.
A Guide to Outsourcing Contractual Relations
Insight
The guide covers contract forms, due diligence, duration and renewal, supplier selection, service specifications, charging methods, warranties and indemnities, and ending the agreement.
Jordan, Lynch & Cancienne Wins Take-Nothing Decisions in Texas, Louisiana
News
Trial lawyers with Jordan, Lynch & Cancienne PLLC scored big defense wins recently for two separate clients, securing a quick summary judgment for The Dow Chemical Company in Texas and prevailing in a jury trial for Union Carbide Corporation in New Orleans.
Drafting Big, Complex Statements of Work
Insight
The most effective statements of work will focus on the outcome – on specifications for the technology to be built or run – and minimize restrictions on how, writes David W. Tollen.
5th Circuit: Company in Class Action Waived Right to Arbitrate Because of Litigation Conduct
Insight
Standards for determining when a party waives its right to arbitrate through participation in litigation have never been uniform among the circuits or easily applied writes John Lewis in BakerHostetler’s Employment Class Action Blog.
‘Retaliatory Amendment’ of an LLC Operating Agreement
Insight
Author Kevin Brodehl discusses a recent opinion from the Supreme Court of New York that illustrates how the process of amending an LLC’s operating agreement can sometimes be used to gain the upper hand in a dispute between members.
Contract ‘Busts’: Trying to Decipher Provisions That Literally Make No Sense
Insight
In an ABA Journal column, Bryan Garner explores the curiosity of “busts”—the prevalence of contractual provisions, sometimes perpetuated in deal after deal, that make no literal sense at all.
Supply Chain News: Getting Outsourcing Contracts Right
Insight
When contracting with outsourcing firms, there is often a lot of dissatisfaction with the outcomes, says Kate Vitasek, a consultant and University of Tennessee faculty member.
Tesla Replaces General Counsel With Seasoned Beltway Trial Lawyer
News
Tesla announced on Friday that General Counsel Todd Maron is leaving the electric vehicle maker, the second high-ranking attorney to do so this quarter.
Judge Sets Apple v. Qualcomm Trial Date as Apple Lawyer Refutes Possibility of Settlement
News
A jury trial in Qualcomm’s wide-ranging legal war with Apple has been set to begin April 15 in San Diego federal court, with a settlement looking unlikely at this point, reports The San Diego Union-Tribune.
U.S. Judge Gives Preliminary OK to VW Investor Settlement
News
The German automaker admitted in September 2015 to secretly installing software in nearly 500,000 U.S. cars to cheat government exhaust emissions tests.
Solving the Mystery of Contracting By Hyperlink
Insight
Courts are developing an increasingly consistent view of what is required to successfully incorporate contract terms by reference using hyperlinks, according to Troutman Sanders.
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.
Guidelines for GDPR Compliance in Third-Party Contracts
Insight
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.
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.
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.
‘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.
Contract Review Tips for Long-Term Care Facilities
Insight
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.
