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Commercial Contracts
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May 17, 2013
Pa. Rep. Wants More Clarity In Royalty Checks To Gas Lessors
A Pennsylvania state lawmaker introduced legislation on Thursday designed to ensure that deductions taken out of royalty checks issued to landowners who lease their properties to gas drillers are clearly broken down.
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April 25, 2013
Pa. Rep. Plans Bills Aiding Landowners In Fracking Leases
A Pennsylvania Democratic state representative announced Wednesday that he intended to introduce two pieces of legislation aimed at protecting property owners who lease the fracking rights to their land, according to co-sponsorship memos.
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April 5, 2013
NJ Bill Targets Noncompete Restrictions On Unemployed
New Jersey businesses wouldn't be able to enforce noncompete agreements with staffers who can claim unemployment compensation under legislation that state lawmakers introduced Thursday.
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April 4, 2013
SEC Speeds Up Clearinghouse Rule-Filing Process
A U.S. Securities and Exchange Commission rule allowing clearing agencies registered with both the SEC and the U.S. Commodity Futures Trading Commission to quickly implement rule changes regarding certain futures contracts has been expanded to include certain swap and forward contracts, the agency said Wednesday.
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April 2, 2013
ACLU, FreedomWorks, Others Rip CFAA Expansion Proposal
A coalition of civil liberty and small government groups including the ACLU and FreedomWorks on Tuesday blasted draft legislation that would amend the Computer Fraud and Abuse Act by increasing penalties and expanding the scope of conduct punishable under the statute.
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March 29, 2013
Pa. Bill Would Limit HVAC Companies' Mold Liability
A Pennsylvania legislator on Tuesday introduced a bill that would protect heating ventilation and air-conditioning contractors from lawsuits filed by property owners looking to recover damages for mold growth.
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March 22, 2013
UK Regulator Fears Arena Deal Could Stifle Competition
The United Kingdom’s Office of Fair Trading has referred a deal AEG Facilities Limited struck in January to run London's Wembley Arena to the Competition Commission, citing concerns the agreement could decimate competition in the country’s live entertainment venue sector, the regulator said Friday.
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March 13, 2013
Texas Lawmakers Weigh Mineral Rights Pooling Bill
Energy companies faced off against landowner groups before the House Energy Resources Committee on Wednesday as they tried to sway Texas lawmakers on a controversial bill that would allow drilling operators to aggregate tracts of land into a larger unit if a majority of mineral rights owners agreed.
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March 7, 2013
Sens. Want More Info On FERC Pipeline Rate Probes
The top two members of the Senate Energy and Natural Resources Committee demanded Wednesday that the Federal Energy Regulatory Commission provide more information about investigations into whether natural gas pipeline operators overcharge customers.
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March 4, 2013
Cellphone Unlocking Should Be Legal, White House Says
The Obama administration said Monday that consumers should be allowed to legally “unlock” their cellphones so they can be used on different networks, so long as they are not bound to contracts with specific wireless carriers.
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February 21, 2013
EU Aims To Subject More IP Licenses To Antitrust Scrutiny
The European Commission on Wednesday unveiled proposed rules for determining when technology transfer agreements run afoul of antitrust regulations that could lead to more patent license agreements and other deals being challenged as anti-competitive.
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February 15, 2013
DC Circ. Backs FERC's Energy Auction Rate Move
The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission’s decision to hold forward capacity auction rates for electricity to the same public interest standard as contract rates negotiated between electricity suppliers and purchasers.
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February 15, 2013
GCs Name 43 Best-Of-The-Best Attys
In-house counsel from Fortune 1000 companies and other multibillion-dollar operations listed the top 43 attorneys whose practices are built on extraordinary client service, pointing to their reliability, attention to detail and willingness to go above and beyond expectations.
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February 15, 2013
GCs Name Cream Of The Crop Litigators
Corporate counsel singled out nearly 100 litigators as the most client service-driven in their field thanks to their innate ability to deliver solid outcomes, effectively communicate litigation strategy and prioritize their clients' business interests.
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February 8, 2013
No Space For Partner Egos In Law Firm Of The Future
To prepare for the next generation, firms will opt for flexible floor plans and social space, while shrinking private offices and rental costs. In the first installment of Law360's series on the law firm of the future, we look at the 21st century legal office.
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January 31, 2013
Coudert's Claims Slashed In $9M Peabody Contract Row
A New York federal judge on Wednesday tossed breach of contract claims from a suit brought by defunct law firm Coudert Brothers LLP seeking $9 million from Peabody Energy Corp. for lobbying work, but said so-called quasi-contract claims should go to trial.
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January 29, 2013
Post-Sandy Mold Caseload Set For Spring Growth Spurt In NY
Warming temperatures will soon reveal the extent of New York's post-Superstorm Sandy mold problem, lawyers said Tuesday, warning that landlords, remediation contractors and insurers could all find themselves on the business end of negligence and policy-related suits as the spores spread.
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January 23, 2013
House Will Review CFAA After Web Pioneer Swartz's Death
House Judiciary Committee Chairman Bob Goodlatte, R-Va., on Tuesday told an information technology policy conference that the Computer Fraud and Abuse Act will be reviewed in the wake of the controversial criminal prosecution and suicide of Internet activist Aaron Swartz.
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January 16, 2013
Internet Activist's Suicide May Take Teeth Out Of Hacker Law
Rep. Zoe Lofgren, D-Calif., moved Tuesday to narrow the scope of the Computer Fraud and Abuse Act in the wake of the controversial criminal prosecution and suicide of Internet activist Aaron Swartz, but attorneys believe her proposal goes too far and would restrict companies' ability to target employees and clients who misuse their sensitive data.
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January 9, 2013
Calif.'s New Pro-Employee Laws Call For Employer Caution
A host of new employee-friendly laws took effect in California at the start of 2013 that are forcing companies to take a fresh look at their social media policies, ensure workers’ pay checks are accurate and put commission agreements in writing, attorneys say.
Expert Analysis
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4 UK Bribery Act Myths — Debunked
The U.K. Bribery Act is somewhat complicated. Not surprisingly, therefore, misperceptions have arisen regarding its provisions, especially regarding the requirements, scope and exclusivity of Section 7 corporate liability, says Eli Richardson of Bass Berry & Sims PLC.
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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The Oil And Gas Operator's Texas Advantage
The interpretation by the Supreme Court of Texas in Reeder v. Wood County Energy LLC grants vast protection to oil and gas operators, but by doing so, it is perceived by some as muddling the differences between tort and contract law, says Michael Bolton and Kate Kalanick of Faegre Baker Daniels LLP.
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Not Subject To Ill. Court Jurisdiction? Think Again
The Illinois Supreme Court's ruling in Russell v. SNFA is troubling to part manufacturers as it suggests that an Illinois court can now find a part supplier bound to the marketing and distribution systems of its clients, regardless of where the end product is marketed, and find personal jurisdiction over the supplier, say attorneys with Locke Lord LLP.
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SEC Eyes Advisory Contract Approval Disclosures
A recent settlement with the U.S. Securities and Exchange Commission by mutual fund directors and service providers answers a number of questions for many in the mutual fund industry and provides insight into SEC enforcement priorities, say attorneys with Morgan Lewis & Bockius LLP.
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4 Takeaways From 2nd Highest FCPA Penalty
A New York federal court recently entered a final judgment against a former Siemens AG executive for his alleged role in a purported $100 million bribery scheme for Siemens to obtain a $1 billion contract from Argentina. Third-party sham contracts continue to be a prevalent theme in the alleged facts contained in corruption enforcement filings and resolutions, say attorneys with Fulbright & Jaworski LLP.
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SEC Must Stop The Latest Effort To Impede Whistleblowers
Increasingly, employees have been presented with language in severance and settlement agreements that impose on whistleblowers a number of restrictions. These provisions pose a serious threat to the success of the U.S. Securities and Exchange Commission's whistleblower program, say David Marshall and Debra Katz of Katz Marshall & Banks LLP.
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The Who, What And Why Of Public-Private Partnerships
Public-private partnerships have been used in a wide range of sectors to provide public services, from power plants and railroads to hospitals and sanitation plants. Yet there are a variety of potential contractual arrangements and the financing of a PPP can be complex, say Maryam Khosharay and Herbert Glaser of Haynes and Boone LLP.
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Independent Contractors Strike Out — Lessons For Employers
A lesser-known risk among companies that use independent contractor models is the threat of Title VII litigation, which two recent appellate court decisions, Allen v. Radio One and Alam v. Miller Brewing Company, addressed. These cases remind employers of the ways to minimize such litigation risks, such as adopting a policy to not rehire former employees terminated for misconduct, says Douglas Darch of Baker & McKenzie.
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Renovated: Fla. Rules On Design Professional Liability
A new Florida law will effectively permit business entities providing professional services to limit by contract the liability of their individual employees or agents. Attorneys with design professional clients — including architects, interior designers, landscape architects, engineers, surveyors and geologists — should expect requests for limitation of liability provisions in such contracts beginning July 1, 2013, say Keith Ramsey and Monte Starr of Holland & Knight LLP.