Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
In-house Roundhouse: Antitrust and the Tech Industry
Pennsylvania COVID-19 Update Featuring Former Pa. Gov. Tom Corbett
Key takeaways Faster Negotiations: SCs aim to significantly shorten CTA review times. Scope: The SCs cover specific terms, such as ownership of study results, publication rights, liability limitations, and termination...more
An oil and gas lease with a “free gas” clause may be a valuable tool for landowners to push back against drillers’ inaccurate attempts to value gas at the “wellhead”. Prior to the advent of Marcellus Shale drilling, "free...more
On June 4, 2021, the European Commission (the “EC”) abolished the old Standard Contractual Clauses (the “Old SCCs”) and published a new more flexible set of clauses (the “New SCCs”) for companies that wish to export personal...more
Nearly every government contract has a clause that allows the government to terminate the contract, or a portion of the contract, for convenience (i.e., when the government has determined that it no longer needs the goods or...more
With the 27 December 2022 deadline for updating data transfer contracts with the EU SCCs fast approaching, this alert mines European Commission guidance, as well as the team’s experience, and offers some tips for successful...more
Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more
Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more
New Standard Contract Language for Data Transfers Facilitates Lawful Personal Data Transfers to/from EU and U.S. (Published June 4, 2021) - In response to the EU Court of Justice Schrems II opinion, which declared that...more
Contracts entered into prior to Sept. 27 will need to be amended to adopt the new standard contractual clauses by Dec. 27, 2022. As of Sept. 27, entities entering new contracts that are subject to the General Data...more
Two Illinois Federal Courts Deny Class Certification in Anti-Poaching Class Actions Against Franchisors - Two federal courts in Illinois have rejected motions to certify classes of employees who worked in franchised...more
Dear YouDig? We are an electric subcontractor and for years we worked all over Ohio. We are happy to get the work but so often we can’t get paid. Seems like the little guy always gets stiffed. What are we doing wrong? –...more
A successful relationship between an office building owner and retail tenant usually involves educating each party to the particular attributes of the other party's business. For example, a retail tenant typically has little...more
It happens to everyone. You send out an inquiry to a vendor. A few days pass and no one replies. You email, you text, you leave a voicemail. A few more days pass, and finally you get a response. ...more
The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more
On March 25, in Walsh v. White House Post Productions, LLC, C.A. No. 2019-0419-KSJM, the Delaware Court of Chancery held that a limited liability company’s contractual right to repurchase a member’s units upon the termination...more
We are living in uncertain times as the effects of the COVID-19 virus pandemic and resulting governmental restrictions on economic activity and daily life take hold. Not surprisingly, many businesses are facing key decisions...more
Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration...more
On 27 June 2017, the Financial Conduct Authority (FCA) published its Policy Statement PS17/13 'Investment and corporate banking: prohibition of restrictive contractual clauses' which sets out new rules banning the use of...more
FCA bans firms' use of restrictive contractual clauses for future primary market services - On 27 June 2017, the Financial Conduct Authority (FCA) published its Policy Statement PS17/13 'Investment and corporate banking:...more