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License Agreements Contract Terms

Miller Starr Regalia

A Contract Drafting Conundrum: Can A Real Property License Agreement Disclaim A Landlord-Tenant Relationship While Retaining The...

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A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the...more

Procopio, Cory, Hargreaves & Savitch LLP

Closing the Deal: Three Steps to Crafting the Right Term Sheet

Many successful legal agreements begin with the term sheet; a document listing the key points of the business deal that has been struck between the parties. A deal point can be as simple as the purchase price, although with...more

Venable LLP

Intellectual Property Licensing: Overview and Negotiation Points - July 2023

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...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

Gibney Anthony & Flaherty, LLP

The Three Things Student Athletes Should Consider for Every NIL Contract

With student athletes now able to profit from their name, image and likeness (NIL), athletes are taking advantage of opportunities to partner with brand sponsors. When entering into contracts, athletes need to review...more

BakerHostetler

Navigating Contractual Relationships in the NFT Market

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Overview of Common NFT Contractual Relationships - Participants in the fast-moving - but legally uncertain - non-fungible token (NFT) marketplace can maximize their business opportunities and mitigate risk by delineating...more

Proskauer - Life Sciences

"Commercially Reasonable Efforts” Clauses in Drug Development Deals: What Level of Protection Do They Really Provide?

Pharmaceutical drug development is expensive. One recent study estimates that the median cost to develop a new drug is $985 million, while the average is $1.3 billion. And those figures appear to be on the low end of a broad...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Farrell Fritz, P.C.

Business Divorce on the Menu

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The restaurant business is on the skids amid the COVID-19 pandemic. Yelp reports that 60% of closed restaurants won’t re-open. Apart from the pandemic, the success rate for new restaurants is dauntingly low. Surveys show a...more

McDermott Will & Emery

[Webinar] Data License Agreement Litigation – What You Need to Know - October 28th, 12:30 pm - 1:30 pm EDT

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Data license agreements have been a hot ticket item of the digital health market and are here to stay. With the exponential growth in licensed data, including de-identified patient data, data license agreement litigation and...more

Allen Matkins

In This Case, "Termination" Means "I Won't Be Back"

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Terminus was the Roman deity in charge of boundaries.  At the end of the old year, Romans would celebrate the festival of Terminalia in his honor.  The English word "terminate" is derived from this ancient god's name.  ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Diligence Clauses and the Management of Uncertainty in Life Sciences Agreements

In times of uncertainty and disruption, setting expectations for performance with business partners and contractual counterparties can be more complicated than ever. Companies that develop drugs, biologics and medical devices...more

Whitman Legal Solutions, LLC

Businesses and Commercial Real Estate Owners May Need Copyright Public Performance Licenses

What Rights Does Your Music License Agreement Give You? Many people believe that when they pay for a subscription to a music subscription service, such as Apple Music, Spotify, Pandora, Amazon Music, or Google Play Music,...more

Troutman Pepper

Owner Did Not Waive Right to Damages by Terminating Design Contract for Convenience

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Chinese Hosp. Ass’n v. Jacobs Eng’g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) - This case arises out of the alleged breach of contract and defective design for the construction of a new hospital in San...more

Carlton Fields

Ninth Circuit Affirmed That Non-Signatories Could Invoke Arbitration Clause Under Arizona Law

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The U.S. Court of Appeals for the Ninth Circuit held that the district court did not err by allowing non-signatories Jess Smith & Sons Cotton LLC (JSS) and J.G. Boswell Co. to invoke the arbitration clause in a license...more

Morgan Lewis

Contract Corner: Considerations When University Employees Provide Consulting Services to University Licensees

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When an inventor of technology who is also a university employee wants to commercialize university-developed technology, it is customary for the university and the inventor to “spin out” the technology via a license agreement...more

Foley & Lardner LLP

Collaboration and Development of Technology in Automotive

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In the not-so-distant past, the automotive industry sought to be mostly self-sufficient. That is to say, that when an automobile manufacturer (commonly referred to as an OEM) wished to add a new feature to one of its...more

Nutter McClennen & Fish LLP

Licensee Challenges Ruling that a Standard Language Forum Selection Clause Bars PTAB Proceedings 

In a case that could have a significant impact on the interpretation and drafting of patent licensing agreements, a patent licensee filed an appeal for an en banc proceeding at the Federal Circuit to challenge the court’s...more

BCLP

Public APIs Have Broad Applications, From E-Commerce to Payroll Management

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This post is the second in a two-part series concerning emerging uses and considerations involving application programming interfaces, or “APIs.”     Most retailers and other large and mid-size businesses, and even some...more

BCLP

Open Banking: A Practical API Licensing Primer

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This post is the fourth and final in a series discussing Open Banking, its implementations, and its implications. In the United States, “open banking” does not yet mean that bank account and transaction data can be freely...more

A&O Shearman

The General Court Upholds the Commission’s Decision to Make Paramount’s Commitments in the Pay-TV Case Binding

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The long-awaited judgment of the General Court (GC) in the pay-TV saga (case AT.40023 Cross-border access to pay-TV) has finally been delivered, two years after the annulment action was brought. It was worth waiting for: The...more

Holland & Knight LLP

ASBCA Enforces Contractor’s Commercial Software License Against Government

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The Armed Services Board of Contract Appeals' (ASBCA) recent decision in CiyaSoft Corporation confirms that government agencies that procure commercial computer software will be subject to a seller's commercial license terms...more

Eversheds Sutherland (US) LLP

Hotel management and license agreements - major issues in dealing with US hotel brands

Global growth opportunities - In recent years, most of the major US-based hotel brands have sought growth opportunities abroad, particularly in emerging market locations. These opportunities may come in the form of...more

Jones Day

UK Supreme Court Upholds "No Oral Modification Clauses," Affirms Written Contract Variations Requirement

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The recent decision of the UK Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 highlights the need for strict observance of No Oral Modification clauses in agreements....more

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