Contracts
Fifth Circuit Allows Non-Signatories to Enforce Arbitration Agreement
News
The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement, according to Carlton Fields.
Sheppard Mullin Conflict Waiver Case Puts Big Fee at Stake
News
The question for this case of first impression is whether a law firm needs to tell a sophisticated client about a specific conflict when it arises, or whether the firm can instead rely a boilerplate advance conflict waiver in the client’s engagement agreement, reports Bloomberg Law.
U.S. Intellectual Property Ownership – Default Laws
Insight
In order for a tech company to determine how to protect its intellectual property, the company should understand how the key intellectual property rights work, according to Morgan Lewis.
Avoid Prejudgment Interest By Expressly Saying So in the Contract
Insight
Striking an interest provision from a draft subcontract wasn’t enough to keep a party to the agreement from being required to pay interest, according to a review of a Missouri case by in Pepper Hamilton’s Constructlaw blog.
Shhh … Don’t Tell Anyone: Tips on NDAs
Insight
When considering entering into a non-disclosure agreement between two commercial entities, the first question to ask is whether it is necessary for either party to be disclosing confidential information, writes Kathleen Wegrzyn for Foley & Lardner.
Trump Brand Loses Trademark Licensing Dispute – Rules of Contract Law Prevail
Insight
When a dispute involves the Trump brand for residential buildings, the adjudication of rights and obligations under a trademark license agreement can become national news, according to a Dorsey blog post.
Download: Top 6 Legal Risks of Electronic Signatures and E-Transactions
Insight
This paper outlines the top six legal risks to be aware of, and how to prevent fraud, repudiation and increase admissibility and compliance when executing transactions digitally.
NDAworks Introduces Automation of NDAs
News
The company says on its website that NDAWorks helps manage the signing, tracking and storing of a company’s NDAs from a central, secure location.
Gauri Prakash-Canjels, Ph.D. Has Joined Litigation Economics
News
Gauri Prakash-Canjels, Ph.D. has joined Litigation Economics, LLC as a principal in its Washington, DC office.
Make Releases Work for You in Government Contracting
Insight
A well-crafted subcontract, a release, and trained employees are proactive measures a contractor can take to mitigate the risk of subcontractor claims, according to PilieroMazza.
Don’t Risk Having an Equivocal Forum Selection Clause
Insight
The language in a forum selection clause is critical if you want to ensure that potential litigation takes place on your “home court,” writes Shep Davidson in the Burns Levinson In-House Advisor blog.
Why Your Contracts Need a Force Majeure Clause
Insight
Elizabeth A. Whitman of Whitman Legal Solutions, LLC, says that parties should work with their attorneys to determine what types of circumstances should be listed given the nature of the specific contract.
5th Circuit Sets New Test to Determine If Certain Contracts on Navigable Waters Are Maritime
News
The Fifth Circuit departed from the six-factor test used in cases like Davis & Sons in favor of a new, stream-lined two-pronged test to determine whether a contract like the one at issue was maritime in nature, according to Duane Morris LLP.
Top AIA A201 Construction Contract Changes: A Handy Cheat-Sheet
Insight
In a post at Construction Law Musings, Melissa Dewey Brumback writes about updates to the American Institute of Architects standard form contract documents.
Provisions for Vendor Contracts: Subjects to Cover
Insight
Drafting your own checklist and standard provisions that satisfy your company’s privacy and security requirements in advance can save time and money in the future, writes Katila Howard for Foster Swift Collins & Smith.
Gig Worker’s Hopes of Arguing Case in Court Are Dashed By Arbitration Agreement
Insight
The April 25 decision is a solid win for gig employers and could provide a template for how other similar businesses should structure their own arbitration agreements, according to Fisher & Phillips LLP.
Federal Court Dismisses Non-Compete Claim Based on Facially Overbroad Activity Restraint
Insight
The covenant restricted the employee from taking any position with another company that engaged in the same business as the employer.
Malpractice Suit Takes Aim At 2 Biglaw Firms
News
Two Biglaw firms are facing a malpractice suit alleging that they failed to properly advise their mutual client in a contract deal.
Is Your Insurance Provision Meeting Its Full Potential?
Insight
Careful review should go into contracts’ insurance provisions, as it could have enormous effect on your protection from risk and liability, advises Morgan, Lewis & Bockius LLP.
No-Poach, No-Solicit Provisions of Corporate Agreements Now Face Criminal Prosecution
News
A nearly ubiquitous element of corporate conduct, thought to be legal and competitively harmless, now faces the prospect of criminal prosecution by the U.S. Department. of Justice, according to Locke Lord.
