Commercial ContractsRSS

Expert Analysis

  • 7 Reasons To Do Pro Bono Work

    Anne Brafford

    Research shows that helping others and cultivating social relationships makes us happier and that generous people live longer, healthier lives. These are just a few of the countless reasons to create time in our busy schedules to do pro bono and charitable work this year, says Anne Brafford of Morgan Lewis & Bockius LLP.

  • Term Sheet Tips For Emerging Cos. Seeking Venture Money

    Haim Zaltzman

    The demand for venture credit among emerging companies expanded greatly during the Great Recession and shows no sign of easing. As venture capitalists continue to be selective in their additional capital deployments, we recommend that borrowers — and their counsel — address certain venture debt financing terms at the term sheet stage in order to avoid surprises later, say attorneys with Latham & Watkins LLP.

  • We Need More Diversity In Mediation

    Ariel Belen

    In our increasingly interconnected global marketplace, U.S. corporations could well profit from engaging alternative dispute resolution practitioners who are familiar with these diverse cultures. But problems in the development and retention of minority neutrals exist, even as the U.S. population grows more and more diverse, says Ariel Belen, a panelist with JAMS and former associate justice of the New York Supreme Court.

  • Tips For Buyers In M&A Transition Services Agreements

    Corby J. Baumann

    In deals requiring transition services, it is possible for the buyer to address some of the risk inherent in a transition services agreement through advanced planning and preparation prior to the closing of the transaction — for example addressing the scope of services, integration strategy and licensing agreements, says Corby Baumann of Thompson Hine LLP.

  • E-Discovery Trends: Looking Back To Move Forward

    Carla Walworth

    E-discovery decisions throughout 2012 and early 2013 have shed some light on the issues, but they have also raised new questions and conflicting standards regarding how courts address litigation holds, cooperation with opposing counsel, and new technologies, say attorneys with Paul Hastings LLP.

  • Stillwater Runs Deep For Investment Redemptions

    Douglas E. Spelfogel

    In one of the first decisions from a United States court involving alleged overreaching by an offshore fund — In re Stillwater Asset Backed Offshore Fund Ltd. — the Bankruptcy Court for the Southern District of New York recently denied a motion by the putative debtor, an offshore fund incorporated in the Cayman Islands, to dismiss an involuntary petition filed under U.S. bankruptcy laws. With the liquidity crisis ongoing, courts are likely to see more challenges of this sort by creditors, say attorneys with Foley & Lardner LLP.

  • A New Duty Of Care Owed To Calif. Borrowers

    Andrew L. Howard

    In light of the California Court of Appeal opinion in Jolley v. Chase Home Finance LLC, borrowers embroiled in disputes with their lenders with respect to the lenders’ performance under a construction loan agreement — especially where the bank representatives indicated the likelihood of a loan modification — may be able to state a cause of action for negligence, misrepresentation and/or promissory estoppel, says Andrew Howard of Robins Kaplan Miller & Ciresi LLP.

  • Duration Of Damages: Can Lost Profits Continue Forever?

    David Ottenbreit

    If a business is financially harmed, but not ruined, by the acts of another party, it may seek damages based on some measure of lost profit. But for how long? An expert offering an opinion that financial harm will continue well into the future should consider the potential hesitancy of a judge or jury to award uncertain, long-term future damages, say Rodney Bosco and David Ottenbreit of Navigant Consulting Inc.

  • Stay Tuned For Celebrity Endorser Social Media Flubs

    Howard Weingrad

    As more and more instances arise in which a celebrity endorser uses social media in a way that an advertiser finds objectionable, it is important that advertisers consider whether and how to tighten up contract termination language, say Howard Weingrad and Anne DiGiovanni of Davis & Gilbert LLP.

  • Tips For Defending Against Data Breach Class Actions

    Gerald D. Silver

    Faced with negligence, fraud, breach of contract and a slew of other claims typically asserted in consumer class action data breach litigation following hacking or a cyberattack, companies should consider a number of best practices to better defend themselves, says Gerry Silver of Sullivan & Worcester LLP.