Tag: Contracts
Syngenta MDL Judge Tears Up Lawyers’ Contingency Contracts in $500 Million Fee Ruling
News
A U.S. district judge has set aside individual contingency fee contracts that some plaintiffs’ lawyers had in place for clients in a multidistrict litigation, according to a Reuters report.
When a Promise Isn’t Enough – Crafting Proper Employee Patent Assignments
Insight
Unless employee patent assignments are drafted with care, manufacturers will find themselves in the unenviable position of not owning patent rights to their employees’ work, warns Foley & Lardner.
Enforcing a Non-Compete Agreement? One Size Does Not Fit All
Insight
There is no one-size-fits-all non-compete agreement, and the enforceability of a non-compete agreement turns upon the state law under which it is construed, points out a blog post from Knobbe Martens.
A Guide to Outsourcing Contractual Relations
Insight
The guide covers contract forms, due diligence, duration and renewal, supplier selection, service specifications, charging methods, warranties and indemnities, and ending the agreement.
Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract
News
An Ohio appellate court has addressed an issue that arose when an arbitrator specified in a contract is no longer available.
Fifth Circuit Reminds Buyers to Beware of Buying ‘Deemed Rejected’ Contracts
Insight
Squire Patton Boggs warns that a recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation to examine a debtor’s assets.
Court Rules Law Firm’s Arbitration Provision Unconscionable
Insight
In the case, a litigator who had been employed at Winston & Strawn sued the firm, asserting claims of discrimination, retaliation and wrongful termination.
Drafting Big, Complex Statements of Work
Insight
The most effective statements of work will focus on the outcome – on specifications for the technology to be built or run – and minimize restrictions on how, writes David W. Tollen.
5th Circuit: Company in Class Action Waived Right to Arbitrate Because of Litigation Conduct
Insight
Standards for determining when a party waives its right to arbitrate through participation in litigation have never been uniform among the circuits or easily applied writes John Lewis in BakerHostetler’s Employment Class Action Blog.
‘Retaliatory Amendment’ of an LLC Operating Agreement
Insight
Author Kevin Brodehl discusses a recent opinion from the Supreme Court of New York that illustrates how the process of amending an LLC’s operating agreement can sometimes be used to gain the upper hand in a dispute between members.
China Employment Contract FAQs
Insight
The end of the year brings an onslaught of China Employer Audits, and with those audits comes an onslaught of China employment law questions, writes Grace Yang in the Harris Bricken China Law Blog.
Contract ‘Busts’: Trying to Decipher Provisions That Literally Make No Sense
Insight
In an ABA Journal column, Bryan Garner explores the curiosity of “busts”—the prevalence of contractual provisions, sometimes perpetuated in deal after deal, that make no literal sense at all.
Supply Chain News: Getting Outsourcing Contracts Right
Insight
When contracting with outsourcing firms, there is often a lot of dissatisfaction with the outcomes, says Kate Vitasek, a consultant and University of Tennessee faculty member.
Texas High Court Invokes the Discovery Rule
News
The Texas Supreme Court has held that the discovery rule delayed the running of the statute of limitations on behalf of the holder of a recorded right of first refusal to purchase mineral interests, reports the Energy & the Law blog of Gray Reed & McGraw.
Solving the Mystery of Contracting By Hyperlink
Insight
Courts are developing an increasingly consistent view of what is required to successfully incorporate contract terms by reference using hyperlinks, according to Troutman Sanders.
Morgan Lewis: Royalty Refresh (Part 1)
Insight
The first in a series of posts on royalty calculation and payment from Morgan, Lewis & Bockius focuses on issues related to defining the relevant scope of royalty calculations in an agreement.
Guidelines for GDPR Compliance in Third-Party Contracts
Insight
A company an take some steps to fulfill its obligations in contracts with third parties and mitigate risks regarding third parties’ data misuse under the GDPR.
When are Unilateral Termination Rights in a Commercial Lease Enforceable?
Insight
When drafting unilateral termination provisions that require minimal conditions to their being triggered, one should be cognizant that some condition or burden must be placed on the terminating party so as not to void the entire agreement.
‘An’ Versus ‘Any’: When One Word Makes a Profound Difference in an Insurance Contract
Insight
The words “the,” “an” and “any” have been assigned significant importance in the case law, and are also at issue in cases examining other liability exclusions, according to Jones, Skelton & Hochuli.
Contract Review Tips for Long-Term Care Facilities
Insight
A long-term care facility can execute contracts with many different vendors including food product and service vendors, laundry and linen providers, IT companies, and others, points out a post from Poyner Spruill.
