Commercial Contracts

Expert Analysis

• Biden's Power To Change Oil And Gas Leasing Faces Limits

  

  The Biden administration has signaled its intention to dramatically curtail federal oil and gas leasing, but it should first carefully consider the statutory, regulatory, constitutional and contractual limitations on its authority to do so, say attorneys at Jones Walker.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

  

  While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

• Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

  

  In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Virtual Litigation May Unravel The Narcissistic Lawyer

  

  The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

• Rewriting Contracts For The Post-Pandemic Era

  

  Attorneys at Eversheds Sutherland identify key contract provisions that have caused consternation, frustration and litigation during the COVID-19 pandemic and suggest possible alternative provisions for future contracts.

• Protecting Construction Projects From China Sanctions Risks

  

  Parties to international construction projects involving Chinese and non-Chinese participants should look to key contract provisions for relief if one party becomes adversely affected by U.S. sanctions against China, say William Godwin and Anton Ware at Arnold & Porter.

• NY's New Status Quo For Mezzanine Foreclosures

  

  Following a New York state court's recent decision in Shelbourne v. SR 677 Bway, it will be harder for borrowers to stop mezzanine foreclosure sales, and injunctive relief is effectively off the bargaining table, so both lenders and borrowers may need to alter their strategies, say Marc Hamroff and Danielle Marlow at Moritt Hock.

• 2 Ways High Court Could Reshape Patent Assignor Estoppel

  

  Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

• ABA Remote Work Guide Raises Bar For Atty Tech Know-How

  

  A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

• Lateral Hire Conflict Screening Lessons From DLA Piper Case

  

  While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

• Using Online Arbitration Agreements To Mitigate BIPA Liability

  

  Companies facing costly, and increasingly frequent, Illinois Biometric Information Privacy Act class actions should follow several drafting and presentation best practices to ensure courts will uphold binding online arbitration agreements — a powerful tool for forcing these suits out of court, says David Oberly at Blank Rome.

• Oil And Gas Contract Drafting Lessons From Texas Ruling

  

  The recent Texas Supreme Court opinion in BlueStone Natural Resources II v. Randle makes it clear that when drafting oil and gas leases, parties should explicitly state contract terms — and avoid creating contradictory terms through amendments or addenda, say Kenneth Held and Brent Hanson at Skadden.