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Contract Term

Bricker Graydon LLP

Key Clauses to Focus on in Local Government Contracts

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When drafting and reviewing local government contracts, it’s imperative that legal counsel understand what language to focus on. There are a number of terms and conditions which political subdivisions cannot agree to under...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Bans Healthcare Practitioner Noncompete Agreements Longer Than 1 Year

In a major noncompete development for the Commonwealth of Pennsylvania, beginning January 1, 2025, certain noncompete agreements with doctors, registered nurses, and other healthcare practitioners will no longer be...more

Lathrop GPM

Eleventh Circuit Affirms in Part, Reverses in Part, District Court Determination to Blue Pencil and Enforce Noncompete Agreement

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The Eleventh Circuit Court of Appeals recently affirmed in part, and vacated in part, a district court’s issuance of an injunction preventing a franchisor’s enforcement of a noncompete covenant as written but allowing...more

Foley & Lardner LLP

Key Contractual Considerations for Health AI and Hospital Collaborations

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If artificial intelligence (AI) is the vehicle that will revolutionize health care, data is the fuel that will propel the revolution. Health AI startups have recognized an unprecedented opportunity to create a transformative...more

Miller Canfield

Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

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When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease...more

Lathrop GPM

Ohio Federal Court Denies Franchisor’s Motion for Summary Judgment on Area Representatives’ Claims in Renewal Dispute

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A federal court in Ohio recently denied in part a franchisor’s motion for summary judgment related to a dispute over the renewal of two area representative agreements. KAM Dev., LLC v. Marco’s Franchising, LLC, 2023 WL...more

Venable LLP

Intellectual Property Licensing: Overview and Negotiation Points

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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

Goodwin

New Decision on Lease Rejection Damages

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This alert highlights a recent decision by Judge Michael E. Wiles in the Bankruptcy Court for the Southern District of New York (“SDNY”), which held that lease rejection damages should be calculated using the “time approach”...more

King & Spalding

Renewed Interest in Synthetic Leases - A Refresher and Changes Under the New (ASC 842) Lease Accounting Standard

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A synthetic lease is a financing technique structured to be an operating lease for the lessee’s financial accounting purposes and a financing for U.S. federal tax purposes. Synthetic leases are most often used in acquisition...more

Genova Burns LLC

Best If Used By: Keep an Eye Out for Arbitration Agreement Expiration Dates

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A recent opinion in the case of Susan L. O’Keefe v. Edmund Optics, Inc., addressed the question of whether an arbitration provision in a written employment agreement could survive the expiration of the agreement’s one-year...more

BCLP

Selective Distribution in the French Judicial Spotlight Again

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French cosmetics company Caudalie had previously made headlines in a case decided on February 2nd 2016. In that case, Caudalie had applied for an injunction against an online marketplace to compel it to cease selling Caudalie...more

Blake, Cassels & Graydon LLP

Bhasin Anniversary: You Gotta Have Faith?

It has been almost a year since the Supreme Court of Canada’s unanimous decision in Bhasin v. Hrynew, which was the subject of great attention and some alarm when released. What did it mean to have “good faith as an...more

PilieroMazza PLLC

Negotiating the Renewal Option of Your Office Lease

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In negotiating an office lease, business owners should be sure to negotiate a potentially-valuable, tenant-friendly option that landlords often grant: one or more renewal options of the lease. Under a renewal option of a...more

PilieroMazza PLLC

Claims Webinar Series: Contract Terminations

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In this presentation: - Termination for Convenience (“T4C’) - Termination for Default (“T4D”) - T4C vs. T4D at a glance - Brief overview of termination appeals - Q & A Please see full...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Striking a Balance: Alabama’s Newly-Amended Restrictive Covenant Statute

When Alabama Governor Robert Bentley signed House Bill 352 into law on June 11, 2015, he repealed Alabama’s bare bones restrictive covenant statute and replaced it with a detailed codification of much of Alabama’s restrictive...more

Benesch

CMS Proposed Stark Law Revisions

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On July 15, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published proposed revisions to the regulations implementing the physician self-referral law, or Stark Law. The Stark Law is a key regulatory...more

Blake, Cassels & Graydon LLP

Law on Post-Patent Royalties Differs Between Canada and the U.S.

The recent decision of the United States Supreme Court (USSC) in Kimble v. Marvel Entertainment LLC (Kimble) highlights how a lack of knowledge of the law governing the intellectual property that is the subject of a...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court: No Patent Royalties May Accrue After Patent Expiration

With Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court...more

BakerHostetler

Third Circuit Court of Appeals Affirms That Pennsylvania Law Does Not Recognize Automatic “Equitable Extensions” of Oil and Gas...

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On June 25, 2015, the United States Court of Appeals for the Third Circuit affirmed the District Court for the Middle District of Pennsylvania’s prior entry of summary judgment in favor of the lessor plaintiffs on the...more

Foley Hoag LLP

How Not to Get Snared in Brulotte’s Web

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The Supreme Court’s Kimble Decision Reminds Licensors and Licensees to Evaluate Post-Expiration Royalties with Care - On June 22, 2015, the Supreme Court, in Kimble v. Marvel Entertainment, LLC, declined to overrule–on...more

Weintraub Tobin

Everything Old is New Again: Post-Expiration Patent Royalties are a Bad Idea!

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On Monday, the United States Supreme Court upheld the longstanding case law that prohibits a patent owner from receiving royalties after a patent has expired. In Kimble v. Marvel Entertainment, LLC (June 22, 2015) 2015 U.S....more

Seyfarth Shaw LLP

How a Trade Secret Could Have Saved a Running Royalty From a Nearly Invincible Law

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In Kimble v. Marvel Entertainment, LLC, just handed down June 22, 2015, the Supreme Court reaffirmed the 50 year old holding of Brulotte v. Thys Co., 379 U. S. 29 (1964), that patent royalties cannot extend beyond the...more

Seyfarth Shaw LLP

High Court Upholds Ban On Post-Expiration Patent Royalties While Recommending Loopholes

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Background - On Monday, the U.S. Supreme Court left intact a 50-year-old rule prohibiting royalties for post-expiration use of a patent. In Kimble v. Marvel Entertainment, LLC, No. 13-720 litigation arose from Marvel’s...more

Fenwick & West LLP

Litigation Alert: Even Spider-Man Can't Defeat Ban on Post-Patent Expiration Royalties

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Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

Wilson Sonsini Goodrich & Rosati

Supreme Court Upholds Precedent Prohibiting Post-Expiration Patent Royalties, but Leaves Open Parties' Options for Creative...

On June 22, 2015, the United States Supreme Court upheld the 50-year-old "Brulotte rule," which prohibits a patent owner from negotiating a license agreement that requires royalties to be paid after the expiration of the...more

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