Commercial
Stays of Contract Award and Performance
Insight
An article in the Government Contracts Insights blog on the website of Morrison Foerster discusses stays of award and performance during the pendency of a bid protest.
4 Key Takeaways: Consulting Agreements – Who Owns the IP?
Insight
The Kilpartick Townsend article discusses four key takeaways: Consulting agreements make it possible for companies to own IP produced by consultants, work-for-hire clauses, conflicting obligations, and failure to protect trade secrets.
What In-House Counsel Need To Know About Their Form Arbitration Clauses
Insight
Because the arbitration clause in a commercial contract is so critical, careful review of that clause surely must be a component of an enterprise’s risk analysis, according to Mintz Levin’s ADR: Advice From the Trenches blog.
If You Trademark It, Then You Better Put a Ring on It
News
Dallas lawyer Chris Schwegmann, a partner at Lynn Pinker Cox & Hurst who tries intellectual property cases, offers some insight on the Tiffany v. Costco dispute.
Why Tiffany & Co.’s $19.4M Court Win Against Costco Is Correct – And Important
News
A Forbes contributor says the lawsuit is an example of how selling specialized products without a deep understanding of them can be disastrous (and potentially quite expensive) for the retailer.
GM Accuses Bankruptcy Trust of Secret $1 Billion Stock Plot
News
As Bloomberg’s Erik Larson explains, the accord will pit GM against the “Old GM” General Unsecured Creditors Trust for the first time since the 2009 bankruptcy sale created the split to save the company.
Cloud Patent Claim Risks and Providers’ Evolving Contractual Responses
Insight
Richard Kemp discusses how Cloud Service Providers are addressing the growing risks to service availability from patent claims.
Has the Era of the Consumer Class Action Waiver Passed?
Insight
As a result of a rule imposed by the Consumer Financial Protection Bureau, consumer contracts entered into after March 19, 2018, with a wide range of consumer financial services companies will need to be revised in regard to their agreements’ arbitration clauses.
11th Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations
Insight
Alston & Bird asks and answers the question: In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question?
Defendant Company Faces Bad Faith Discovery Spoliation Tag
News
A federal judge concluded last July that Plantronics had engaged in bad faith discovery spoliation, and demonstrates the far reaching consequences of discovery reports Bloomberg Law.
How to Manage Non-Disclosure Agreements
Insight
Aliya Ramji, director of legal and business strategy for Figure 1 Inc., responds in ACC Docket to a question from a corporate lawyer who asks about the most important parts of a non-disclosure agreements.
Newlyweds Ordered to Pay Photographer More Than $1M In Damages
News
Do words matter? A Dallas County jury recently ruled — to the tune of $1 million — that they do, according to a post by Androvett Legal Media & Marketing.
Law Firm Releases Documents in Litigation, Angering Monsanto
News
Monsanto said it was outraged by the documents’ released in the Roundup litigation by Baum, Hedlund, Aristei & Goldman, reports The New York Times,
Three Ways to Indemnify Your Business (Or Your Client’s Business) From Smart Contract Risks
Insight
The Steptoe Blockchain Blog, suggest three tools to address smart contract risks, including cybersecurity insurance policies, indemnification agreements, and “make whole” agreements.
Negotiating Technology Contracts: On-premise vs. Cloud and Hosted Software
Insight
Stephen F. Pinson of Scott & Scott explains the key considerations and contractual provisions when deciding to utilize a hosted software cloud solution versus on-premise software solutions.
Agreed Damages or Unenforceable Penalties – Drafting to Affirm the Former and Avoid the Latter
Insight
Practitioners seeking to ensure that agreed damages provisions are enforceable should avoid limiting the items of loss for which the agreed damages are providing compensation and constitute a legitimate pre-estimation, advises Glenn West of Weil, Gotshal & Manges LLP.
Cloud Solutions: The Danger of ‘Floating’ Contracts
Insight
Today, more and more agreements are comprised of some brief general terms and conditions that reference various online terms provided through URLs, which can change at any time, according to Mike Overly of Foley & Lardner.
Succession Planning: It’s Not Just for Emergencies
Event, Sept. 7, 2017, 1 p.m. EDT
The heart of succession planning is identifying and building your future leadership at all levels, according to TrainHR.
New Jersey GC Sentenced to Prison in $2.4M Timeshare Scam
News
The Philadelphia Business Journal is reporting that the former general counsel of an New Jersey timeshare consulting service was sentenced to a year in prison for conspiring to obstruct justice, according to The Philadelphia Business Journal.
Why This Group is Trying to Stop Amazon From Buying Whole Foods
News
Marc Perrone, president of the United Food and Commercial Workers International Union, sees Amazon the way some Rust Belt workers see global trade — as a threat to American jobs, reports The Washington Post.
