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Negotiations

Akin Gump Strauss Hauer & Feld LLP

WDTX Magistrate Judge Grants Stay Pending IPR Despite Alleged Delay Tactics by Defendant in Pre-Suit Negotiations

The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the...more

Husch Blackwell LLP

ILA Labor Agreement Set to Expire, Strike Looms

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On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike...more

Akin Gump Strauss Hauer & Feld LLP

New Money - Marking the Boundaries

The majority of all 2023 EMEA restructurings involving an equitisation and/or a maturity extension required the provision of new money. While equitisation can solve for an over-leveraged capital structure, and maturity...more

TransPerfect Legal

Key Insights from the NextGen GC Law Ninjas Summit 2024 – Sydney

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The 2024 NextGen GC Summit, hosted by Law Ninjas, united 400+ of Australia’s legal professionals for an exceptional series of panels and discussions from a distinguished lineup. TransPerfect Legal’s Tom Balmer (Director,...more

DarrowEverett LLP

Maximizing Value: The Art of Purchase Price Allocation in Real Estate Deals

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When a business is sold, the most important overall aspect of negotiations between a cautious buyer and determined seller may be due to the agreed-upon purchase price for the business. However, when the buyer is purchasing...more

Mintz - Health Care Viewpoints

CMS 2026 IRA Price Negotiations Results Likely to Create Upstream and Downstream Effects

On August 15, 2024, CMS announced the results of the first round of the negotiated prices between CMS and participating drug manufacturers for the 10 selected drugs under the Inflation Reduction Act’s (IRA) Medicare Drug...more

Akin Gump Strauss Hauer & Feld LLP

Happy Birthday Two You, IRA: Drug Pricing Dynamics to Watch as Maximum Fair Price Announcements Loom

This week marks the second anniversary of the enactment of the Inflation Reduction Act, a partisan law that ushered in sweeping Medicare price setting reforms. The Biden-Harris Administration is poised to announce the first...more

Proskauer - Government Contractor Compliance...

OFCCP Issues Directive Updating Expedited Conciliation Procedures

On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and...more

Akin Gump Strauss Hauer & Feld LLP

Which Clubs Do You Belong to? Opportunities and Challenges for Businesses in a World That Is Getting Clubbier

A few weeks ago, The Economist published an excellent article that drew a contrast between the trade protectionism dominating U.S. politics and the more proactive trade agendas being pursued by other countries, such as the...more

Mintz - Antitrust Viewpoints

Sporting Events Business Faces $3.5 Million in Antitrust Gun Jumping Penalties

This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more

Crunched Credit

Legal Opinions, So XX Century!  A Modest Proposal

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As I’m no longer compelled to talk my book (in fact, I actually don’t have a book), I can now talk critically about legal opinions.  Not to bury the lede, but I am of the view that much of our transactional opinion practice...more

Mintz - Health Care Viewpoints

Mintz IRA Update — IRA Litigation Update: Courts Begin to Address Legal Challenges to the Medicare Drug Price Negotiation Program

The IRA’s Medicare Drug Price Negotiation Program (the “Negotiation Program” or “Program”), which enables the federal government to negotiate prices for some of the costliest Medicare Part D drugs, has been subject to several...more

Mintz - Health Care Viewpoints

Mintz IRA Update — Learning From Experience: Medicare Drug Price Negotiation Program Updates

Since our last edition of the Mintz IRA Update, the Medicare Drug Price Negotiation Program (the “Negotiation Program” or “Program”) and related maximum fair price (MFP) negotiation process for each of the 10 high-expenditure...more

Cozen O'Connor

CMS Announces 120-day Exception Period for No Surprises Act Independent Dispute Resolution

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Under the No Surprises Act, “open negotiation” is the period of time during which payers must disclose to providers important information regarding the claim at issue. On June 14, 2024, CMS announced a 120-calendar-day...more

Miles Mediation & Arbitration

Mediating Premises Liability Cases: Common Challenges Plaintiffs and Defendants Face — and How to Address Them   

Plaintiff’s lawyer? Defense counsel? Many attorneys in private practice wind up doing some of both. In fact, many highly successful plaintiffs’ attorneys began their careers at insurance defense firms....more

Holland & Hart - Employers' Lawyers

The Significance of Pay Transparency: A Persistent Legislative Trend and Its Relevance for Employers

The 2023 and 2024 legislative landscape witnessed a surge in states and cities implementing diverse pay transparency requirements. Despite the progress in recent years in reducing the wage gap, gender pay disparities...more

Ward and Smith, P.A.

Breaking Up is Hard to Do: Practical Advice for Exiting an LLC

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Cutting ties with business partners is a delicate and often complex process. Whether driven by irreconcilable differences, strategic shifts, or personal reasons, disengaging from business partners requires careful...more

Walkers

Turbulent times: How fund management is still resilient in 2024

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Download the full article In the last couple of years, macroeconomic headwinds, higher interest rates and geopolitical unrest have written the story of the financial sector. These arid conditions have tested every major...more

Crunched Credit

In Defense of Closings Human-ware Style:  Fixing Our Growing Lord of the Flies Problem

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We used to do many negotiations and virtually all closings in person, not much choice really. The process might start with an exchange of draft documents, closing checklist, etc., While initial negotiations and the exchange...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Farella Braun + Martel LLP

Bay Bridge Series Second Inning: Oakland Doubles to Right With Countersuit in "San Francisco" Airport Trademark Dispute

After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more

Akin Gump Strauss Hauer & Feld LLP

Redacted Settlement Offers Are Admissible to Show Industry Practice for FRAND Negotiations

In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers. The district court...more

Davis Wright Tremaine LLP

Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts

Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today's increasingly litigious world, it is important for parties to consider their dispute resolution options...more

Mandelbaum Barrett PC

Strategic Business Negotiations: A Legal Perspective

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Successful negotiations require understanding your goals and considering the goals of the other party. Thorough preparation involves reviewing the legal frameworks, identifying potential obstacles and opportunities,...more

Mintz - Intellectual Property Viewpoints

The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two...

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more

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