Commercial Contracts

Expert Analysis

• Recent Developments Show Importance Of Int'l Sport Court

  

  Ian Blackshaw, a member of the Court of Arbitration for Sport, provides an overview of the court and analyzes recent changes and cases, including a hearing on the Russian athletes' ban by the World Anti-Doping Agency.

• The Rise Of The No-Indemnity M&A Deal

  

  The increasing use of a private M&A transaction structure that allows sellers to exit without indemnity obligations makes it crucial for buyers to focus on representation and warranties insurance policy terms as their only means of recourse, say Ann Dorsett and Gregory Hawver at McGuireWoods.

• Legal Lessons From Esports Sponsorship Deals

  

  Riot Games’ recent global partnerships with Louis Vuitton, OPPO and Red Bull may provide a potential template for other companies, leagues and players seeking to form similar agreements, and they should serve as a reminder of how carefully constructed such deals will need to be, say James Chang at Pillsbury and Sean Gilbert and Neil Thakur at Teknos Associates.

• Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

  

  Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

• 3 Concerns If Your Witness Becomes Flippant At Deposition

  

  In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

• A Noncompete Consideration Split In Ill. State, Federal Courts

  

  Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.

• Ritzen Creates Uniformity On Bankruptcy Stay Appeals Timing

  

  The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.

• 3 Federal Court Rulings Highlight Key Privilege Lessons

  

  Recent decisions from federal courts in Illinois, Delaware and New York illustrate the importance of proactively thinking about attorney-client privilege issues such as proper procedures for conducting a review, how common interest privilege can be invoked and when public relations firm communications are protected, say attorneys at Paul Weiss.

• 4 Cases That Will Shape Clickwrap Litigation In 2020

  

  Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

• Litigating FRAND Rates After Fed. Circ. Ericsson Decision

  

  After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

• Tightening Up Contracts In A Hardening Insurance Market

  

  Commercial property insurance terms and conditions have softened in the last decade, but underwriters may consider adding important clauses into their contracts as the market shows signs of hardening, say Jason Reeves of Zelle and Helen Campbell of Argo Insurance Bermuda.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• To Improve Instagram Copyright Issues, Look To Music World

  

  The music industry may offer a model for adapting the copyright law landscape to new concerns from photographers and other content creators engendered by Instagram’s wide-reaching platform, including a more seamless and accessible registration process, says Qian Julie Wang of Robins Kaplan.

• 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

  

  Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.