Counsel News and Events for Attorneys and Executives

Commercial

Electronically Signed Email Exchange May Constitute Enforceable Real Estate Contract

Insight
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

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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Supreme Court Weighs Google Settlement That Paid Class Members Nothing

Supreme Court Weighs Google Settlement That Paid Class Members Nothing

News
“How can you say that it makes any sense?” Justice Samuel A. Alito Jr. asked a lawyer for the members of the class.

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Chinese Company Charged With Stealing Trade Secrets From U.S. Computer Firm

News
Federal prosecutors said one of the defendants served as president of a company acquired by Micron five years ago.

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Paul Hastings Faces Malpractice Claims Over Cleanup Advice

News
A California appellate court has given Tokai Intl. Holdings Inc. the go-ahead to proceed with cleanup cost-related malpractice claims against law firm Paul Hastings LLP, according to a Bloomberg Law report.

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Suit Alleges Trump Endorsements Misled Consumers and Defrauded Investors

News
Defendants include President Trump, the Trump Organization and children Donald Trump Jr., Eric Trump and Ivanka Trump.

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CEO Allegedly Stole Millions From Low-Income Customers to Pay for a Ferrari, a Private Jet and a Florida Condo

News
American Broadband’s chief executive, Jeffrey Ansted, was held personally liable for the alleged misconduct as the FCC accused him of embezzling aid money and using it to pay for luxury goods such as an $8 million private Cessna jet.

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Barnes & Thornburg Secures Trade Victory for PMP Fermentation Products

News
The U.S. International Trade Commission has unanimously affirmed that PMP Fermentation Products, Inc. was materially injured by unfairly traded sodium gluconate, gluconic acid, and derivative imports from China.

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