Commercial

Construction Contracts: Allowance or Contingency?

Insight
Randolph E. Ruff and Jonathan M. Mraunac of Ogletree Deakins explain the differences between contract allowances and contingencies, how they are used, and how they can be drafted.

Tips For Reviewing A Contract

Insight
There are a few things every lawyer is expected to be able to do — but every lawyer should be able to review a contract, writes Gary J. Ross for Above the Law.

Lawsuit in U.S. Accuses 12 Big Banks of Credit Default Swap Collusion

News
A small trading exchange on Thursday filed an antitrust lawsuit accusing Bank of America Corp , Citigroup Inc, JPMorgan Chase & Co and nine other banks of conspiring to shut it out of the $9.9 trillion credit default swap market, reports Reuters.

Change Management in Commercial Contracts

Insight
The right change management mechanisms can manage these risks by allocating the responsibility and costs for changes and creating clear and effective procedures for managing and implementing changes to the agreement, according to a Morgan Lewis article.

Why ABC News Is Facing a Jury Over ‘Pink Slime’

News
South Dakota’s Beef Products Inc. claimed the coverage caused sales to plummet, costing the company $1.9 billion and forcing layoffs, reports Bloomberg Law.

The Whistleblower Behind Caterpillar’s Massive Tax Headache Could Make $600 Million

News
BloombergBusinessweek reports on the story behind the accountant who might end up the best-paid whistleblower of all time, with a potential paycheck of $600 million, while Caterpillar, the 92-year-old pride of American industry, will experience something unfamiliar: public humiliation.

Healthcare Developer Fined $155 Million for Lying About Compliance

News
The settlement marks the first time an electronics health records vendor is being charged for the truthfulness and accuracy of representations made when seeking government certification, reports HIT Consultant.

How a Supreme Court Ruling on Printer Cartridges Changes What It Means to Buy Almost Anything

News
The U.S. Supreme Court has handed a victory to consumer groups in a case about printer cartridges that has huge implications for the way we think about technology ownership in America, and your rights as a user, according to The Washington Post.

Using Technology and Contract Terms to Avoid Vendor Lock-In

Insight
The efficiency and low cost of using cloud services, including form vendor agreements that are provided with such services, can lead to vendor lock-in, making it difficult and expensive to migrate applications in-house or to a new provider, according to Morgan Lewis’ Tech & Sourcing blog.

It’s All Fun and Games Until Someone Sues for Breach of Contract

Insight
A recent federal court case analyzed the ability of a lender to act upon stock pledged to secure a loan, and provides insight into valuable language to be included in the loan documentation, explains Loeb & Loeb LLP.

National Survey on Restrictive Covenants

Insight
The guide gives details about each state’s factors on the topics of non-competes, non-solicitation, non-hire/”raiding,” and confidential information.

CVS’s Omnicare to Pay $23 Million to Resolve U.S. Kickback Case

News
Reuters is reporting CVS Health Corp’s Omnicare unit has agreed to pay $23 million to resolve a whistleblower lawsuit alleging that it took kickbacks from a drugmaker to promote two antidepressants, according to settlement papers.

Enforceable Contract for Sale of Family-Owned Business or Just Agreement to Agree?

Insight
Parties to negotiations involving the sale of family-owned business stock or assets should be cautious in their drafting to ensure that it is clear to all parties what documents are intended to create enforceable rights and obligations, warns Murtha Cullina.

Forum: Examine the Risks and Rewards for Cross-Border Deals

Event, June 20, 2017, New York
Bloomberg BNA and World Services Group will present the Cross-Border Deals Forum to hear about the current risk assessment, which deals are facing greater scrutiny and which deals are enjoying a more positive outlook.