Contracts
Kimble v. Marvel: Contract Provisions That Run Royalties Beyond Patent’s Term
White Paper
DLA Piper has published a paper about the Supreme Court’s ruling upholding a long-standing precedent that restricts the ability of a patent holder to charge a royalty beyond the term of a patent.
8 Tips For China Licensing Agreements
White Paper
Dan Harris in the Above the Law blog lists eight tips to assist American companies looking to secure royalty payments by licensing their IP to Chinese companies.
Webinar: The 5 Scariest Questions Your CEO Could Ask About Your Contracts
On-Demand
In this 45-minute live webinar, Exari Co-Founder and Chief Product Officer, Jamie Wodetzki, explains the ins and outs of Exari’s Contracts Hub and what it could mean for your business.
Texas Supreme Court Decision in Compression Cost Case Focuses on Express Contract Language
NEWS
The ruling focused closely on the contract language finding that a natural gas transporter could not deduct compression costs and was not entitled to a five-year extension based on the terms of the agreement.
Contract With One-Sided Termination Enforced – Not a Perpetual Contract
White Paper
The case illustrates the balance the courts strike between the policy that disfavors perpetual contracts versus the policy that allows parties freedom of contract.
Today’s Contracts Enforceability Issues, Part III: Decoding Indemnity Clauses
White Paper
Parties with leverage may be unyielding when it comes to their negotiation, raising questions of whether certain risks may be allocated through insurance.
Corporate Divorce: Treat Your Employment Contract Like a Prenup
White Paper
While it may seem incongruous to think about the end of the employment relationship at the beginning, this is where the prenup concept becomes relevant.
Insured Contract: Coverage for Breach of Warranty Claims
NEWS
The court addressed one of the most misunderstood issues in the commercial general liability policy: Does an obligation to indemnify trigger insurance coverage?
A Settlement Agreement May Be Enforceable Even When Executed After the Signing Deadline
White Paper
A recent court decision may have implications for enforcing settlement agreements in litigations when the other party tries to renounce.
China Contracts: Why Even Bother?
White Paper
There are three reasons why it makes sense to have a contract with your Chinese counterparty, and only one of those reasons is enforceability, writes Dan Harris in Above the Law.
Indemnity and Insurance Provisions in Construction Contracts
White Paper
It is necessary to pay close attention to the interplay between indemnity and insurance to ensure the objectives of the parties are achieved in a construction contract.
Information Governance Policy and Contract Management Whitepaper
White Paper
Paper discusses building an information governance policy and choosing a contract management system that will comply with your company’s policy needs.
Are ‘Best Efforts’ Provisions Enforceable in Maritime Contracts?
White Paper
Including “best efforts” provisions in a maritime contract can be a good practice, but only if the contract includes guidelines as to what constitutes the party’s “best efforts.”
Are You a Government Subcontractor?
White Paper
Sometimes subcontractors and materials suppliers are incorporated by reference and then are obligated to comply with those government-unique requirements.
Litigation Shows Buyout Clauses Don’t Always Provide Certainty as Designed
White Paper
Although the purpose of the “buyout” is to allow both coach and university to avoid future costs of litigating a breach of contract case, some recent lawsuits reveal that is sometimes easier said than done.
ERISA Ruling: Claimant Has ‘Duty to Investigate’ When Asserting Equitable Tolling of Contractual Limitations Provision
NEWS
A plaintiff is not reasonably diligent when she fails to investigate basic issues that are relevant to her claim or to proceed with it in a reasonably prompt fashion.
Aligning Incentives Through Contract Terms
On-Demand
Webinar talks about increasing the value of sourcing contracts by linking the supplier’s profitability with how quickly and how well the supplier advances your business objectives.
Courts Say There’s No Claim for “Reverse Bad Faith.” Could They Be Wrong?
White Paper
While every policyholder — as a party to a contract — owes a contractual duty of good faith and fair dealing, the court explained that a tort claim for bad faith arises out of a different duty.
Buy-Sell Agreements: Good For Business and Good For Your Estate Plan
White Paper
A buy-sell agreement is a legally binding contract that requires or allows remaining owners in a business to buy a departing owner’s interest in the business.
Reevaluate Commercial Sales Contracts That Incorporate Other Documents by Reference
White Paper
Consumers consent to numerous terms and conditions scattered across the web, often without even being aware of them.
