News & Analysis as of

Development Agreements

White and Williams LLP

Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...more

Lathrop GPM

Michigan Court of Appeals Affirms Dismissal of Certain Franchisee Claims Against Franchisor Due to Release of Liability and...

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The Michigan Court of Appeals recently affirmed a trial court’s dismissal of certain claims by franchisees Red Fit, LLC and Cali Red, LLC against franchisor Red Effect International Franchise, LLC based on a release of...more

Haynsworth Sinkler Boyd, P.A.

Abandoned Buildings Revitalization Tax Credits Extended through 2035

S.C. Department of Revenue (“SCDOR”) Information Letter #24-6 addresses recent amendments to the South Carolina Abandoned Buildings Revitalization Act (the “Act”). The Act was enacted in 2013 to incentivize the...more

Ankura

Navigating The Five Phases in the Lifecycle of a Construction Project

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This paper emphasizes the significance of risk and dispute management during the lifecycle of a construction project, highlighting how the early detection of issues can contribute to successful project outcomes. It emphasizes...more

Schwabe, Williamson & Wyatt PC

Use of Development Agreements to Facilitate Complex Development

A development agreement is a voluntary contract between a property owner and a local government to establish the rules that will direct the development, use, and mitigation of a specific property. The intent of Washington’s...more

Latham & Watkins LLP

Life Sciences Product Development Needs More Creative Fundraising

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The life sciences industry depended historically on public offerings for fundraising to support costs of developing therapeutic pharmaceutical and biologic products. The average cost of discovering and developing these...more

Goodwin

Recent Biosimilar Commercialization Developments

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​​​​​​​Insulin Biosimilars: Meitheal Pharmaceuticals, Inc. has announced an exclusive licensing agreement with Tonghua Dongbao Pharmaceuticals Co., Ltd. to commercialize Tonghua Dongbao’s three insulin biosimilars (insulin...more

Lippes Mathias LLP

Shout it, Shout it, Shout It Out Loud! Key Elements of Renewable Energy Site Control

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In the context of renewable energy projects, “site control” refers to an agreement that conveys rights permitting the utilization of real property for initial diligence and planning, and ultimately the construction,...more

Goodwin

Celltrion and Rani Therapeutics to Jointly Develop Oral Formulation of Adalimumab Biosimilar

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Celltrion and US-based Rani Therapeutics (“Rani”) announced that they entered an agreement to develop RT-105, an orally administered adalimumab biosimilar made using the RANIPILL platform....more

Venable LLP

Technology Contracts: An Overview - May 2023 #2

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The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or...more

Venable LLP

Technology Contracts: An Overview

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The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or...more

Lathrop GPM

Virginia Federal Court Enforces Alleged “Scrivener’s Error” Extending Term

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A federal court in Virginia recently enforced an alleged “scrivener’s error” that extended the term of a development agreement for one developer, while enforcing notice requirements to uphold a nonrenewal for another...more

Lathrop GPM

Oregon Federal Court Holds Nonsignatory Owners Are Not Subject to Arbitration Provision

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In a case involving an unorthodox procedural posture, a federal court in Oregon determined that nonsignatory franchisee owners are not subject to a franchise agreement arbitration provision. Goergen v. Black Rock Coffee B.,...more

Lewitt Hackman

Franchisee 101: Forum Selection Clause is Just what the Doctor Ordered

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A federal appellate court held that a forum selection clause requiring litigation to be in the jurisdiction where the franchisor’s principal place of business was located when the action was brought is enforceable. A...more

Goodwin

Similis Bio and Blau Farmaceutica Enter into Development and License Agreement for Biosimilars

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On October 25, 2022, JSR Life Sciences and Blau Farmaceutica announced that Similis Bio, JSR Life Sciences’s business unit focused on biosimilar development, has signed its first development and license agreement with Blau...more

Lewitt Hackman

Franchisee 101: Meet the New Boss

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A Tim Hortons franchisee sued the franchisor for breach of six franchise agreements and an area development agreement. Tim Hortons counterclaimed for breach of contract based on failure by the franchisee to meet the...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 21-26, 2022

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The California Supreme Court issued the following decisions: Cam-Carson, LLC v. Carson Reclamation Authority, et al., Case No. B312729: Plaintiff, a commercial real estate developer joint venture, sued the City of Carson...more

Goodwin

Henlius and Eurofarma Entered into a License Agreement for Henlius’ 3 Products in Latin America

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Shanghai Henlius Biotech, Inc. (“Henlius”) announced this week that it has entered into a license and collaboration agreement with Eurofarma Laboratórios SA (“Eurofarma”), a Brazilian multinational biopharmaceutical company,...more

Lewitt Hackman

Franchisor 101: No Tax on Renewals

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A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more

Lewitt Hackman

Franchisee 101: No Shaking Franchisor’s TRO

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An Indiana federal court granted hamburger and milkshake franchisor, Steak n Shake, a temporary restraining order (“TRO”) against a franchisee to enforce post-termination obligations under franchise and area development...more

Lewitt Hackman

Franchisee 101: Strong Releases Protect Fitness Franchisor

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A franchisee sued its franchisor, OsteoStrong Franchising, LLC, in Texas federal court after OsteoStrong terminated the franchise and development agreements. Termination occurred after the franchisee failed to timely develop...more

Goodwin

Deal news: Bio-Thera Solutions and Intract Pharma

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Bio-Thera Solutions and Intract Pharma announced at the end of last month that they had entered into a global collaboration and licensing agreement that gives Bio-Thera access to two oral delivery technologies for monoclonal...more

Morgan Lewis - Tech & Sourcing

Common Misconceptions on Contracting with Developers in Russia and Tips for Contract Review and Negotiation

There are often misconceptions in connection with negotiating intellectual property (IP) development agreements with developers located in Russia. This post details five common misconceptions and provides tips for complying...more

Miller Canfield

Michigan Court of Appeals Holds That Development Agreement Obligations are Extinguished in Tax Foreclosure

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The Michigan Court of Appeals recently held that assessments on a property under a development agreement between a city and the property's former owner did not survive a tax foreclosure and therefore were not liens against...more

Goodwin

Plantform and Bio-Manguinhos/Fiocrus to Partner on Pembrolizumab Biosimilar for Brazil

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Last week, PlantForm Corporation, PlantPraxis Biotecnologia and Bio-Manguinhos/Fiocruz announced that they are entering into a research and development agreement to develop pembrolizumab, a biosimilar of Keytruda®, for the...more

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