Commercial Contracts

Expert Analysis

• Lenders Score Major High Court Victory In Foreclosure Case

  

  The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

• Trial Counsel's Role On A Mass Tort Virtual Law Team

  

  Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

• How The SEC Eased In-Person Director Voting Rules

  

  Last month, U.S. Securities and Exchange Commission staff issued a no-action letter permitting fund and company boards of directors to meet and take certain actions by telephone or video conference when directors cannot meet in person. But the validity of contracts entered into in such circumstances is unclear, say attorneys with Proskauer Rose LLP.

• Profit Participation Mediation Tips From The 'Bones' Case

  

  Despite the inevitable rocky start typical of profit participation mediation cases, a settlement can usually be achieved if parties avoid engaging in premature mediation and carefully address key open issues, some of which were exemplified in the "Bones" arbitration decided last month, says Bruce Isaacs of Signature Resolution.

• Tech Trends From SXSW Pose Unique Questions For Lawyers

  

  These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

• An Employment Lawyer's Guide To M&A Due Diligence

  Excerpt from Lexis Practice Advisor

  

  In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

• In Bar Admissions Process, It's Candor Or Bust

  

  You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

• Key Points For Negotiating 5G Cell Site Contracts

  

  As nationwide deployment of 5G networks gathers steam, unexpired cell site agreements will have to be revisited and many new ones will have to be negotiated. When doing so, dealmakers will want to pay special attention to a few real property issues that are often overlooked, say Walt Sapronov and Robert Turner III of Sapronov & Associates PC.

• Opinion

  US Antitrust Law Supports An FTC Win Against Qualcomm

  

  Though general propositions of antitrust appear to pose serious threats to the Federal Trade Commission's case against Qualcomm in the Northern District of California, a closer look shows how Qualcomm's use of its patents has distorted the competitive process, says Thomas Cotter of the University of Minnesota Law School.

• Trump's NDA Use Raises 1st Amendment Questions

  

  With respect to the First Amendment, the reported terms of President Donald Trump's nondisclosure agreements for White House staff do not conform with legal precedent because they extend past employees’ service and do not narrowly target classified or confidential information, says Leonard Samuels of Berger Singerman LLP.