Commercial Contracts

Expert Analysis

• How A Biden Administration Would Shape IP Policy

  

  While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

• 6 Employment Considerations For M&A Deals Amid Pandemic

  

  As many businesses look to merge with, acquire, invest in or partner with others, acquiring companies and investors must review key employment law complexities, such as wage and hour issues and paid leave obligations, that are magnified by the pandemic and could substantially influence a target’s value, say attorneys at Greenwald Doherty.

• Guest Feature

  5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

  

  The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

• Facing Policy Shifts, Oil And Gas Cos. Need Depreciation Help

  

  As cost and policy considerations accelerate the shift away from oil and gas, legacy energy companies need the Federal Energy Regulatory Commission to reevaluate depreciation schedules for assets such as pipelines and gas-fired power plants, say attorneys at Sheppard Mullin.

• SEP Users Should Jettison Antitrust For Patent, Contract Law

  

  Because the recent holdings in Federal Trade Commission v. Qualcomm and Continental Automotive Systems v. Avanci demonstrate antitrust's flaws in resolving disputes over licensing rates for standard-essential patents, users should employ contract and patent law for more flexibility in negotiations and litigation, say Erik Puknys and Michelle Rice at Finnegan.

• California Judicial Reference Can Benefit Litigants Right Now

  

  Judicial reference proceedings as an alternative to litigating in California state court offer several advantages to parties, including the ability to get a case moving amid pandemic-induced backlogs and the right to appeal a judgment in court, say Charles Correll and George Morris at King & Spalding.

• How COVID-19 May Rattle Companies' Supply Chains

  

  As manufacturers, distributors and retailers begin to resume their activities in the wake of COVID-19 lockdowns, they must be aware of how changes in manufacturing, storage, shipping and staffing practices at different points in the supply chain could compromise product quality and increase legal liability, says Zal Phiroz at Pier Consulting Group.

• Opinion

  Lawyers Must Fight Voter Suppression This Election Season

  

  Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

• Why Online Mediation May Be Here To Stay

  

  Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

• 4 Steps To Identify Cybersecurity Risks In M&A Due Diligence

  

  In light of additional data breach risks resulting from COVID-19 shutdowns and remote working, having a comprehensive understanding of a target company's cybersecurity risk profile early in the M&A deal process is crucial to increasing transparency, facilitating negotiations and mitigating the risk of unforeseen attacks, says Jennifer Tsai at Kira Systems.

• Employer Arbitration Agreement Pointers From 2 Rulings

  

  While two recent decisions from the New Jersey Supreme Court and Third Circuit address separate employment arbitration agreement enforceability issues, both reaffirm the strong federal policy favoring arbitration and offer some clarity on when a court versus an arbitrator determines whether an agreement exists, says Kirsten Grossman at Nukk-Freeman.

• Clients Have The Power To Promote Wellness At Law Firms

  

  Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

• Navigating International Contracts In NY During A Pandemic

  

  Parties to international commercial contracts governed by New York law are unlikely to invoke force majeure effectively, so they should seek to communicate, negotiate and mediate as necessary to resolve impediments arising from COVID-19, says Erika Levin at Lewis Baach.

• Opinion

  Appellate Courts Should Welcome Well-Crafted Amicus Briefs

  

  A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

• CFPB U-Turn On Mortgage Marketing May Repair Industry Ties

  

  The Consumer Financial Protection Bureau this week rescinded previous guidance that increased scrutiny on marketing services agreements in the mortgage space, representing a step toward reconciling the often tense relationship between regulators and the industry, says Nate Viebrock at Viebrock & De Nittis.