Commercial
McGuireWoods Hit With Records Demand in Suit Over Energy Deal
News
Bloomberg Law reports that an importer-exporter who says two former partners and their attorneys at McGuireWoods LLP used dirty tricks to strip their joint venture of its assets has accused the law firm of sitting on the records he needs to prove it.
Federal Appeals Court Upholds $9.5 Million Judgment for Encompass Office Solutions
News
The appellate court found that BlueCross BlueShield of Louisiana failed to properly reimburse Encompass Office Solutions for in-office medical procedures.
Apple, Qualcomm Settle Bitter Dispute Over iPhone Technology
News
Apple will make an undisclosed one-time payment to Qualcomm and pay unspecified patent royalties to the chipmaker, reports the San Francisco Chronicle.
Revenge of the Robocall Recipients: Jury Finds Marketer ViSalus Liable for 1.8 Million Calls
News
Thei verdict exposes ViSalus to statutory damages of about $925 million, which could be trebled.
Boeing Shareholder Files Class-Action Lawsuit, Alleges Plane Maker Concealed 737 Max Safety Risks
News
Shareholder Richard Seeks claims Boeing “effectively put profitability and growth ahead of airplane safety and honesty,” causing investors to suffer economic losses.
Former Hertz General Counsel Rebuffs Demand for Clawback
News
The Hertz suit accused the former executives of pressuring employees to use fraudulent accounting techniques to inflate income and earnings, reports The Global Legal Post.
Key Considerations When Contracting Cloud
Insight
It makes sense to check whether the key features are (or can be) described in a document and to refer to that description in the agreement, according to Baker McKenzie.
Audit Provisions in Services Agreements
Insight
In many cases, the customer is the auditing party and the service provider is the audited party, but there are situations where the roles will be reversed.
Webinar: The Role of In-House and External Counsel in Managing Open Source
Webinar, April 18, 2019
Flexera will present a complimentary webinar discussing the role of in-house and external counsel in managing open source software in the business environment.
San Antonio Bans Chick-fil-A From Its Airport, Sparking Controversy
News
The City starts out ahead, but Chick-fil-A could catch up if it shows that this decision was based solely on its unrelated speech rather than a standard contract-procurement process, according to Dallas attorney David Coale of Lynn Pinker Cox & Hurst.
Key Terms for Provider Contracts
Insight
A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes, advises Kim Stanger of Holland & Hart.
An Anti-Reliance Clause Should Actually Disclaim Reliance on Extra-Contractual Representations
Insight
Nothing is more fundamental to private equity deal practice than limiting the exposure of private equity sellers for post-closing claims, writes Glenn D. West for Weil, Gotshal & Manges LLP’s Global Private Equity Watch.
After Years of Apologies for Customer Abuses, Wells Fargo CEO Suddenly Quits; GC Takes Over
News
Wells Fargo general counsel C. Allen Parker will take over as interim president and chief executive of the company after the abrupt departure of chief executive Tim Sloan on Thursday.
Keeping Boilerplate Coupled to the Transaction: The Ongoing Struggles with ‘Wrap’ Arbitration Provisions
Insight
The relevant hyperlink concerning arbitration was “neither spatially nor temporally coupled with the transaction,” the court found.
Energy Market Manipulation Remains a Hot Issue at FERC
Insight
The Federal Energy Regulatory Commission is continuing to aggressively investigate and bring enforcement action against companies that engage in energy market manipulation, reports WilmerHale in its 10-in-10 Hot Topics in Energy Series.
Webinar: The Role of Financial Experts in Commercial Litigation
Webinar, March 26, 2019
Expert Webcast will present a complimentary webinar roundtable titled “The Role of Financial Experts in Commercial Litigation.”
Unambiguous Terms of Written Contract Trump Claims of Fraudulent Inducement
Insight
A recent Texas Supreme Court opinion provided a definitive answer to the question of whether a party can ignore the written words of a contract that directly contradict what you are being told by your counterparty is the real deal.
The Top Five Ways to Ruin Your Contracts
Insight
Forbes contributor Jack Garson says a company’s contracts can be remendous assets that lock down rights to money, goods and services. But common mistakes can ruin all of that.
Service Contract Sold Separately (Batteries Not Included)
Insight
Companies should use a conservative approach when offering protection plans for products, advises Weil, Gotshal & Manges LLP in its Product Liability Monitor.
Data Privacy and Security Contractual Provisions
Insight
Business relationships often do not have contractual language applicable to data privacy and security, writes Linn Foster Freedman for Robinson+Cole LLP.
