Commercial Law & Contracts – May 23, 2012

by Mintz Levin - Bankruptcy, Restructuring &... on 5/22/2012

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

by Traub Lieberman Straus & Shrewsberry LLP on 5/22/2012

In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...more

by Sedgwick LLP on 5/16/2012

When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more

by Pierce Atwood LLP on 5/14/2012

When you enter into a contract with a vendor, you generally impose insurance requirements on the vendor and an indemnification obligation. But consider whether your current contracts have insurance requirements that would...more

by Downs Rachlin Martin PLLC on 5/9/2012

Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services...more

by Traub Lieberman Straus & Shrewsberry LLP on 5/8/2012

In a matter involving an issue of first impression under South Carolina law, the United States District Court for the District of South Carolina, in its recent decision in Jessco, Inc. v. Builders Mutual Insurance Co., 2012...more

by Mintz Levin - Health Law on 5/7/2012

With little fanfare, the Centers for Medicare & Medicaid Services (CMS) announced today on the CMS Blog that it is delaying data collection under the Sunshine Act until 2013. Pharmaceutical and medical device manufacturers...more

by Mintz Levin - Health Law on 5/2/2012

In OIG Advisory Opinion 12-05, the OIG found that a consumer rewards program (the “Program”) offered by a supermarket chain with in-store and independent pharmacies (the “Requestor”) would not be subject to enforcement under...more