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Corporate Counsel

Dealing With a Lack of Supporting Documentation in Post-Acquisition Disputes: Planning for the Post-Close Reality

Post-acquisition disputes often arise when parties disagree on whether the terms of the sales and purchase agreement (SPA) were properly applied in…
6 minute read

The Legal Intelligencer

Commonwealth Court Rejects Bid to Extend UPMC-Highmark Agreement

The consent decree between feuding health care giants Highmark and the University of Pittsburgh Medical Center remains on track to expire June 30 after a Commonwealth Court judge ruled June 14 that the agreement's modification provision does not apply to the termination date.
4 minute read

Delaware Law Weekly

DoorDash Seeks Individual Arbitration for Sales Tax Class Action Claims

Attorneys for the San Francisco-based DoorDash argued in a court filing late last week that customers who sign up to use DoorDash agree to the company's terms and conditions, which mandate binding individual arbitration for disputes and a waiver of the right to participate in class actions.
3 minute read

New Jersey Law Journal

Supreme Court Corrected Course on Arbitrability

Readers may have questioned the Appellate Division's opinion in Goffe v. Foulke Management Corp. We welcome the course correction and commend the Supreme Court's clarification.
3 minute read

Corporate Counsel

Electronic Signatures: Legal & Practical Considerations for E-Signing on the Virtual Dotted Line

In assessing whether or how to employ e-signatures, particularly in higher risk transactions, organizations should be careful to manage the practical issues and potential legal complexities associated with e-signatures through careful assessment and a robust governance program.
5 minute read

The Recorder

Viasat, Acacia Face Off Over Fiber Optics

California's Viasat says it's owed more than $300 million for "theft" of its error correction technology, but Massachusetts' Acacia Communications says Viasat is simply misreading their license agreement.
6 minute read

New York Law Journal

Supreme Court Bankruptcy Decision Has Major Impact on Trademarks and Licenses

A recent Supreme Court decision ruled on the effect of a rejection of trademark licenses in bankruptcy. That decision is likely to have a major impact on trademark licensing practices, and counsel for parties involved with trademark licenses now need to take this decision into account when drafting these agreements.
10 minute read

New York Law Journal

Rules Governing Anticipatory Repudiation of Contracts

In the practice of real estate law today, very few legal issues are getting as much attention and at the same time being applied incorrectly by practitioners as anticipatory repudiation (or breach) of contract. In this article, John Desiderio discusses the rules of anticipatory repudiation and attempts to discard the myths and mistruths.
14 minute read

New York Law Journal

Licensor Did Not Forfeit Rights Based on Past Waivers

In their Technology Law column, Richard Raysman and Peter Brown summarize the facts and procedural history of 'Medtron Software Intelligence Corp. v. Metairie Gastroenterology', where one party learned that reliance on oral modifications to a written agreement can successfully be opposed by an adversary citing to the plain, unambiguous terms of a contract.
7 minute read

Daily Report Online

Failure to Defend Entire Lawsuit Leaves Insurer on Hook for $1.2M in Legal Fees

The Court of Appeals ruling affirmed a Macon judge who said Southern Trust Insurance should have defended a multicount lawsuit and sought declaratory judgment to resolve a coverage dispute.
6 minute read

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