Counsel News and Events for Attorneys and Executives

Commercial

Court Dismisses Chicken Grower’s Claims That OK Foods Breached Contract

News
The company terminated its grower’s agreement following the drowning deaths of an estimated 19,000 broiler chickens during a May 2015 rainstorm.

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DLA Piper Advises Guardian Capital Partners in Carson-Dellosa Publishing Acquisition

News
DLA Piper recently represented private equity firm Guardian Capital Partners in the acquisition of Carson-Dellosa Publishing, LLC, a provider of K-8 supplemental education content.

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Theranos Walks Away From Zika Test

Theranos Walks Away From Zika Test

News
The move is another setback for the Palo Alto, Calif., company as it tries to recover from crippling regulatory sanctions that followed revelations by The Wall Street Journal of shortcomings in Theranos’s technology and operations.

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Why Apple’s $14.5 Billion Tax Fine Is Worse for Shareholders Than it Looks

Why Apple’s $14.5 Billion Tax Fine Is Worse for Shareholders Than it Looks

News
A European tax commission said Apple more than $14.5 billion in back taxes and interest that it had avoided paying European governments for years because of a sweetheart deal with Ireland, reports Fortune.

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Increasing Use of Cyber Insurance Requirements in Contracts

Insight
Insurance requirements are common in commercial contracts, and many contracts now include a sub-clause regarding cyber insurance, write Branwen Buckley and Corby J. Baumann of Thompson Hine.

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Six Questions Owners Should Answer Before Entering a Construction Contract

Insight
There are six questions that an owner can ask to evaluate what rights and obligations it will have upon entering into a construction contract, writes Daniel Bradfield, a partner in Arnall Golden Gregory LLP.

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Selling Your Product or Service Into China: The Contract Basics

Selling Your Product or Service Into China: The Contract Basics

Insight
Dan Harris of China Law Blog has published a sample email that addresses many of the key points a company should be thinking about if it is contemplating selling into China.

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The Drive to Automation and Your IT Outsourcing Contract

Insight
Barbara Melby and Glen Rectenwald of Morgan, Lewis & Bockius address the question of what robotics and automation really mean in the context of an IT outsourcing contract.

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Data Privacy and Security Issues in Cloud Contracts: Free Dallas CLE Luncheon

Data Privacy and Security Issues in Cloud Contracts: Free Dallas CLE Luncheon

Event, Sept. 26, 12 p.m. CDT
The transformation from on-premises software deployments to cloud based models has widespread implication for data privacy, security, and regulatory compliance, says Robert J. Scott, managing partner of Scott & Scott..

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Fugitive Ex-CEO Who Fled Country Wants Judge to Release Him on Bail

News
The 64-year-old ex-CEO of Comverse Technology Inc. moved to Namibia before he was formally charged in 2006 in a scheme involving the backdating of stock options at Comverse.

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U.S. Appeals Court Strikes Down Ernst & Young Class Action Waiver

News
The court found that the arbitration agreement violated the National Labor Relations Act by making workers arbitrate work-related claims as individuals in separate proceedings.

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Five Most Popular E-Signature Resources

Five Most Popular E-Signature Resources

White Papers
eSignLive by Vasco has compiled a collection of its five most popular white papers on the subject of using e-signatures in business and law.

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Indemnification in Commercial Agreements – What is It and Should You Be Concerned About It?

Insight
A broad indemnification that may have been reasonable for a startup company to provide will not be viewed favorably when the applicable contract is assigned to an acquiring company that has more assets at risk if there is an indemnification claim, writes Susan M. Hartman of Buchanan Ingersoll & Rooney.

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Let’s Make A Deal – What You Should Know About Letters Of Intent

Insight
Whether you are leasing real estate or buying or selling a business or real estate, the letter of intent (LOI) is the usual and practical initial step, writes Bernard B. Kolodner for Kleinbard LLC.

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Insurance, Indemnification, and Limitation of Liability Provisions in Business Contracts

Insight
“Fundamentally, the purpose of insurance, indemnification, and limitation clauses is to allocate risks,” writes Kenneth Gorenberg of Barnes & Thornburg LLP.

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Kentucky AG Sues Johnson & Johnson Over Transvaginal Mesh Marketing

News
CNN is reporting that Kentucky’s attorney general is suing health-care giant Johnson & Johnson for millions of dollars, saying the company “concealed and misrepresented” the risk of its transvaginal mesh products to doctors and patients.

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Higher Fees Increase Law Firm Revenue by 4.1 Percent

Higher Fees Increase Law Firm Revenue by 4.1 Percent

News
An increase in revenue for law firms in the first half of this year came largely from higher lawyer billing rates rather than greater demand for services, The New York Times reports, citing Citi Private Bank’s quarterly report on the legal industry.

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Licensing Implications of Oracle’s NetSuite Acquisition

Insight
NetSuite’s customers soon may notice some pretty significant changes, at least on the purchasing and contracting side, now that Oracle is working to acquire NetSuite for approximately $9.3 billion, writes Christopher Barnett of Scott & Scott LLP..

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Chambers USA Ranks AZA Again Among Top Texas Commercial Litigation Firms

Chambers USA Ranks AZA Again Among Top Texas Commercial Litigation Firms

News
Houston trial law boutique Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, once again is being recognized as one of Texas’ top commercial litigation firms after earning a spot in the 2016 edition of Chambers USA: America’s Leading Lawyers for Business.

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Gilead to Get Attorney Fees in Hepatitis C Patent Fight With Merck

Gilead to Get Attorney Fees in Hepatitis C Patent Fight With Merck

News
Gilead Sciences Inc. is entitled to receive the attorney fees it incurred related to hepatitis C patent litigation with drugmaker Merck & Co Inc., a U.S. district judge has ruled, reports Reuters.

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