Tag: Contracts
Second Biglaw Firm Litigates Over Rent on Unoccupied Offices During COVID-19 Pandemic
Insights
Simpson Thacher & Bartlett has filed a lawsuit contending that it is entitled to return of rent on unoccupied New York City offices during the COVID-19 pandemic.
Debtors Do Not Have to Be Currently Engaged in Business and Commercial Activities to Qualify for SBRA Relief
Insights
Although there are several requirements that must be satisfied in order to qualify as a ‘small business debtor’ under the Bankruptcy Code, courts have recently considered whether an individual debtor must be engaged in “commercial or business activities” at the time of his or her bankruptcy filing.
Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns
Insights
The COVID-19 pandemic has caused cost overruns and project delays that construction owners and contractors could have never imagined before 2020.
Vendor Financial Viability Provisions – the New Normal?
Insights
Although many companies are already revisiting contractual provisions relating to nonperformance, like force majeure clauses, as the coronavirus (COVID-19) pandemic continues to wreak havoc on public health and the economy, other proactive (but less publicized) contractual measures can facilitate early discovery and mitigation of potential nonperformance.
Employers No Longer Have a Pre-Contract Duty to Bargain Over Disciplinary Decisions
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Recently, the National Labor Relations Board (NLRB), overruling an important Obama-era decision, held that employers do not have a pre first-contract duty to bargain before disciplining employees in a manner consistent with an existing policy or practice.
Two Judges and the Williamsburg Ghost
Insights
A Ninth Circuit opinion handed down in January affirmed the First Amendment principle that the right of public access to new court filings attaches as soon as the clerk receives them.
Prenuptial Agreement vs. Revocable Trust: Who Wins?
Insights
Prenuptial agreements get litigated all the time in probate proceedings.
Can One Have Too Many Patents?
Insights
As is common with a blockbuster drug, AbbVie’s Humira faced an antitrust challenge from third-party payers.
IP Indemnification – Third-Party Product Exceptions
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There are some nuanced—and frequently sticky—issues regarding third-party products and how they can be resolved.
5 Things You Need to Know About the Recent Illinois Ruling on Force Majeure and COVID-19
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Governmental shelter-in-place orders relieve a tenant’s obligation to pay rent pursuant to a force majeure provision in a commercial lease agreements.
Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas
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The US Court of Appeals for the Fifth Circuit held that, under Texas law, a plaintiff can sustain an action for trade secret misappropriation even if the plaintiff voluntarily communicated the alleged trade secrets to the defendant.
Watch Your Stipulation! Award Confirmed Despite Arbitrator Exceeding Contractual Scope of Authority
Insights
Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute.
Amazon Sues Former Marketing VP who Took Job at Google over Alleged Breach of Non-compete Agreement
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E-commerce and tech behemoth, Amazon, has filed a lawsuit against the former vice president of marketing for its Amazon Web Services division, Brian Hall, alleging that his new role at Google Cloud vio.lates the terms of his non-compete agreement
Wife Cannot Compel Husband to Sign “Non-Compete” in Sale of Family Business
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The court considered whether the sale of the family insurance business, as ordered by the court, provided the court with jurisdiction to order the husband to sign a Non-Compete Agreement, as part of the sales contract, in circumstances where the husband resisted signing.
Is it Lawful to Advertise a Device with an Emergency Use Authorization Pending ?
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In recent months, the Food and Drug Administration (FDA) has issued a record number of Emergency Use Authorizations (EUAs) under Section 564 of the Federal, Food, Drug, and Cosmetic Act (FDCA).
Akima Hires Barbara Doherty as VP of Contracts, Procurement
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Government solutions provider Akima has named Barbara Doherty vice president of contracts and procurement to oversee the company’s corporate contracts, subcontracts and purchasing operations.
What Should an Estate Plan Include?
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The Huffington Post’s recent article entitled ‘A Guide To Estate Planning During The Coronavirus Pandemic’ says that almost everyone should have an estate plan—even if there’s no major health threat.
Is A Poorly Written Force Majeure Clause Worth the Ink?
Insights
We’ve all seen, or perhaps been assaulted by, a surfeit of articles about force majeure clauses and how all of our agreements should include one. Other pundits have gotten way ahead of this one by explaining how we will have a better world if the advice to include such clauses would be taken by all.
Faulty Jury Instruction Wipes Out $740 Million Verdict
News
The Fourth Court of Appeals of Texas overturned a jury verdict awarding HouseCanary, Inc. (“HouseCanary”) $740 million in damages for trade secret theft and fraud against Title Source, Inc., now known as Amrock.
From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens
Insights
Now, more than ever, clients and their advisors need to revisit contract forms on which they may have been relying for years.
