News & Analysis as of

Covenant Not to Sue Breach of Contract

McDermott Will & Emery

Read the Fine Print: Covenant Not to Sue “At Any Time” Terminated Upon License Expiration

McDermott Will & Emery on

Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a...more

Rosenberg Martin Greenberg LLP

Virginia Supreme Court Recognizes Exception to American Rule For Covenants Not to Sue

Under what is referred to as the “American Rule,” successful litigants in state and federal courts in the United States generally cannot recover their attorney’s fees and expenses from their opponents. Unless there is either...more

Knobbe Martens

Princeton Digital Image Corp. v. Office Depot Inc. Et Al.

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more

Nossaman LLP

Time To Reconsider The Assignability Of Certain Claims

Nossaman LLP on

If an insurance company refuses to settle a claim, once liability has become reasonably clear and there is an opportunity to settle within limits, the defending insurer runs the risk of an excess verdict. Once the verdict is...more

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