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Assignments

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -
Smith Anderson

Transferring Federal Government “Other Transaction” Agreements

Smith Anderson on

As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part II

Holland & Knight LLP on

This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more

Winstead PC

IP Assignment Agreements: Protecting Your Company Today and Saving Yourself from Headaches Tomorrow

Winstead PC on

For nearly all companies, but particularly companies in the technology sector, the intellectual property ("IP") they create are the crown jewels of the business. Without the IP, the company has nothing to sell....more

WilmerHale

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

WilmerHale on

Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll,...more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Levenfeld Pearlstein, LLC

Should We ‘Second’ That? A ‘Top Ten’ Due Diligence Checklist for the Litigation Finance Secondaries Market

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Given the recent growth of the secondaries market in the litigation finance space, Secondary Investors should consider how to best approach their review of potential transactions. In addition to the economics of a given...more

Womble Bond Dickinson

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

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In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

Goodwin

Top 10 Questions About Bankruptcy Sales - A Primer on Sales Under Section 363 of the Bankruptcy Code

Goodwin on

A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more

Charles E. Rounds, Jr. - Suffolk University...

The Case For Making Substantial Unrestricted Gifts To A Charitable Corporation Indirectly Via Assignment To An Independent...

Charles E. Rounds, Jr. - Suffolk University... on

When considering how to make a substantial gift to a charitable corporation, one should not rule out making it indirectly via assignment to an independent trustee. First, an independent trusteeship facilitates proper asset...more

Epstein Becker & Green

Importance of Negotiating Assignment and Subletting Provisions in Health Care Leases

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In our ongoing series of blog posts, we examine key negotiating points for tenants in triple net health care leases. We also offer suggestions for certain lease provisions that will protect tenants from overreaching and...more

Miller Canfield

Michigan Court of Appeals Enforces Arbitration Provision in Auto Lease

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In a rare published decision, the Michigan Court of Appeals enforced a provision in an auto lease that allowed either party to demand arbitration, even though the dealer had assigned the lease to a finance company and no...more

Ballard Spahr LLP

Judicial Conference issues policy regarding random assignment of judges

Ballard Spahr LLP on

On March 12, 2024, the Judicial Conference of the United States (“Judicial Conference”) announced that, in an effort to limit the ability of litigants to select judges in certain cases based on where they file lawsuits, it...more

Axinn, Veltrop & Harkrider LLP

Done Shopping

Axinn, Veltrop & Harkrider LLP on

On March 12, 2024, the Judicial Conference of the United States announced an amendment of the policy governing random case assignment to “deter[] judge-shopping.” This amendment, effective immediately, applies to all civil...more

Gray Reed

Is a Merger a “Transfer of Leases”?

Gray Reed on

In Texas, no. Read on to learn why. In Nortex Minerals LP v. Blackbeard Operating LLC et al, the question was the meaning of this limited assignment provision in the “Alliance Leases”, oil and gas leases covering 27,000 acres...more

Goodwin

Delaware ABCs (Assignments for the Benefit of Creditors): No Longer as Easy as 1-2-3

Goodwin on

Companies forced to wind down operations and liquidate their assets often choose a liquidation process known as an ABC (Assignment for the Benefit of Creditors). An ABC is usually more streamlined, requires fewer public...more

Davis Wright Tremaine LLP

New York Narrows the Breadth of Enforceable Employee Invention Assignment Agreements

Davis Wright Tremaine LLP on

The state of New York has enacted legislation clarifying the scope of an employer's ownership of intellectual property created by its employees (A. 5295). Effective immediately, Governor Hochul has signed a law invalidating...more

Jackson Lewis P.C.

EEOC Sues Home Care Provider For Race And National Origin Discrimination Over Changing Work Assignments Based On Client...

Jackson Lewis P.C. on

The EEOC has filed suit in federal court against a home care provider, alleging it unlawfully discriminated against employees when it changed their work assignments to accommodate client preferences. The suit alleges the...more

Miller Canfield

Asset Sale or Share Sale? Key Considerations About the Legal and Employment Implications

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When it comes to selling a business, there are two primary methods: an asset sale and a share sale. Both have their own advantages and disadvantages, and it is important to understand the key legal differences between the...more

Venable LLP

The Right of Publicity

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Social media has confirmed that you don’t need to be a celebrity to profit from your own image. The right of an individual to control the economic use and exploitation of his or her identity is called the right of publicity....more

Venable LLP

Drafting Considerations for Transferring Your Technology Contract

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An assignment or transfer (right) clause in a technology contract can be crucial. The clause must be drafted accurately while also ensuring that any allowances or restrictions on assignment or transfer apply....more

Lathrop GPM

Minnesota Federal Court Holds Assignment of Franchise Does Not Constitute a Sale Under the Minnesota Franchise Act

Lathrop GPM on

A federal court in Minnesota has dismissed a claim under the Minnesota Franchise Act (MFA), holding that a franchisor’s consent to the assignment of a franchise does not constitute a sale or an offer to sell under the Act....more

Bailey & Glasser, LLP

Selling Your Amazon Business? Not So Fast!

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The 1970s rock band The Eagles had a verse in their hit Hotel California: “You can check-out anytime you’d like, but you can never leave.” While Amazon sellers do not face quite the same predicament envisioned by the...more

Goodwin

Top 10 Questions For Landlords to Ask When a Tenant Files for Bankruptcy

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As uncertain economic times continue, particularly in the retail sector, commercial tenant bankruptcies are on the rise. Goodwin’s Financial Restructuring group presents 10 questions (and related practice points) for...more

Latham & Watkins LLP

The Law Commission of England and Wales Proposes to Classify NFTs as Data Objects

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NFT creators and consumers should evaluate the legal and commercial considerations of NFTs that are linked to copyright work. The Law Commission of England and Wales (the Commission) is a statutory independent body that...more

ArentFox Schiff

NLRB’s Proposed New Rule Would Expand Joint Employer Status to Entities With Indirect Control Over Worker Conditions

ArentFox Schiff on

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more

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