News & Analysis as of

Conflicts of Interest Contract Terms

PilieroMazza PLLC

Proposed Rule on Organizational Conflicts of Interest Signals Significant Changes for Contractors

PilieroMazza PLLC on

Organizational conflicts of interest (OCIs) should be front of mind for any federal government contractor. The mere presence of an OCI may cause contractors to reconsider which contracting opportunities to pursue, reshape...more

Morrison & Foerster LLP - Government...

Better Late Than Never: FAR Council Finally Addresses OCI Rules

On January 15, 2025, the Federal Acquisition Regulation (FAR) Council published a proposed rule overhauling the FAR’s Organizational Conflict of Interest (OCI) provisions. The proposed rule follows a December 2022 law that...more

Wiley Rein LLP

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

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WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

EDRM - Electronic Discovery Reference Model

It is Important to Understand an E-Discovery Vendor’s Contract

In Digital Forensics Corporation, LLC v. King Machine, Inc., __ So.3d __, 2025 WL 63935 (Ala. Sup. Ct. Jan. 10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to...more

Stoel Rives -  Ahead of Schedule

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a...more

Nutter McClennen & Fish LLP

M&A in Brief: Q1 2024

In a letter ruling, the Delaware Chancery Court held that where neither the target nor the acquiror was a Delaware entity, the transaction documents between the parties could not confer jurisdiction in the Chancery Court...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

Vinson & Elkins LLP on

Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Winstead PC

Litigating Minority Shareholder Rights - Presentation

Winstead PC on

David F. Johnson presented his paper “Business Divorce: Minority Shareholder Rights In Texas” to the State Bar of Texas’s Business Disputes Course on September 2-3, 2021. This presentation addressed shareholder oppression...more

White & Case LLP

2020 Summer review M&A legal and market developments

White & Case LLP on

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

Best Best & Krieger LLP

Only A Contracting Party May Sue Under Government Code Section 1092

Calif. Supreme Court: San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego - Only a party to a contract may bring a legal action under Government Code section 1092 to invalidate...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

Carlton Fields on

City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

Seyfarth Shaw LLP

Maryland Low-Wage Workers Are Exempt from Non-Compete Clauses

Seyfarth Shaw LLP on

Joining the wave of jurisdictions limiting the competitive restraints employers may place on low-wage employees is Maryland. Maryland’s Noncompete and Conflict of Interest Clauses Act (the “Act”)?which passed without...more

Hogan Lovells

UK: A pretty clean bill of health for the London Wholesale Broker Market

Hogan Lovells on

FCA publishes its Final Report for Wholesale Insurance Broker Market Study - The FCA has published today its final Report in respect of its Market Study of the wholesale insurance broker market....more

Proskauer - Minding Your Business

To Be or Not To Be: Can Attorneys’ Fees Be Recovered on a Void Contract

Trying to collect attorney’s fees based on a void contract? Surprisingly, you can, according to a recent California Court of Appeal case. In California-American Water Co. v. Marina Coast Water Dist., the California Court of...more

McCarter & English, LLP

Delaware Law Updates – Pleading Breach of the Implied Covenant of Good Faith and Fair Dealing in the Publicly Traded Master...

In Dieckman v. Regency GP LP, --- A.3d ---, 2017 WL 243361 (Del. Jan. 20, 2017), the Delaware Supreme Court reversed the Court of Chancery[1] and held that the common unitholder plaintiff’s complaint properly stated a claim...more

Lewitt Hackman

FRANCHISEE 101: Locked In to One Approved Vendor

Lewitt Hackman on

Franchisors often require franchisees to purchase supplies, materials, or inventory only from suppliers the franchisor approved. But where franchisors see benefits of consolidating by requiring franchisees to participate in...more

Pierce Atwood LLP

Alternative Duties for Alternative Entities: High Court Allows LLC and LLP Managers to Limit or Waive Fiduciary Duties

Pierce Atwood LLP on

The nation’s leading forum for business and shareholder disputes recently confirmed that alternative entities such as limited liability companies (LLCs), limited partnerships (LPs) and master limited partnerships (MLPs) can...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

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