JD Supra Law

MAY 15, 2024

Do you need to have a contract to bring a trade secret claim? Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists. By: Mitchell, Williams, Selig, Gates & Woodyard,

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IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Telefonaktiebolaget LM et al.,

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IP Law 360

FEBRUARY 27, 2024

A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

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JD Supra Law

MARCH 3, 2023

In this episode, partners Rich Assmus and Marina Aronchik, along with host Julian Dibbell, discuss the key implications of generative AI and the contracting issues that arise for users and data providers. By: Mayer Brown - Tech Talks Podcast

Contracts 101

Contracts Music 101

IP and Legal Filings

APRIL 29, 2024

These organizations sign contracts with sportspersons, which govern the terms and conditions of their employment, including their salaries, bonuses, and other benefits. These organizations sign contracts with sportspersons, which govern the terms and conditions of their employment, including their salaries, bonuses, and other benefits.

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JD Supra Law

NOVEMBER 3, 2023

The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance- • How the IIJA and IRA will Impact Federal Contractors in 2023 and Beyond- • Everything You Thought You Knew About CDA Jurisdiction Just Changed – And For the Better-.

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LexBlog IP

NOVEMBER 26, 2023

9 November 2023 was a crucial date for Australian businesses because from that date significant penalties can now be imposed on businesses found to have unfair contract terms (UCT) in their contracts. The Federal Government had introduced significant changes to laws relating to UCT on 10 November 2022.

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JD Supra Law

JUNE 18, 2024

Join Gail Levine and Kristine Young, along with host Julian Dibbell, as they explore the practical and contractual measures employers can adopt, the potential consequences if the FTC's rule is struck down, and best practices for contracting with third parties. By: Mayer Brown

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Olartemoure Blog

MAY 3, 2024

Federal Trade Commission (FTC) decided to ban non-compete clauses in labor contracts on the grounds that they affect the right to free labor mobility, which negatively impacts on the country’s competition , innovation and economic growth. On 23rd of April 2024, the U.S.

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Nelligan Law

APRIL 29, 2022

Reading Time: 2 minutes What is Frustration of Contract? Contract frustration occurs when a contractual obligation can no longer be performed, with no fault to either party. This occurs when a situation arises, causing the contract’s performance to become “a thing radically different from that which was undertaken by the contract”.

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Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text. Photo by Jonathan Kemper on Unsplash On 7 May 2024, Open AI published its approach to data and AI (ADAI).

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JD Supra Law

JULY 11, 2024

Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it declined to dismiss Plaintiffs’ claims for breach of contract of open source license violations by Defendants. However, the Court also dismissed Plaintiffs’ request for of unjust enrichment and punitive damages.

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IP Law 360

JUNE 3, 2024

As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.

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Contracts 52

JD Supra Law

MAY 17, 2024

The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign Indian tribe, can be sued and that the district court failed to consider the valid and enforceable nature of the forum.

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JD Supra Law

AUGUST 3, 2022

Freeman Law is privileged and proud to serve as outside counsel to various engineering, architectural, and other professional services firms. Through review and evaluation of thousands of contracts in many different business sectors, common and reoccurring. By: Freeman Law

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JD Supra Law

APRIL 19, 2024

The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel Holdings, Incorporated v. Jowers, Case No. 22-50936 (5th Cir. 1, 2024) (King, Ho, Engelhardt, JJ.) (per per curiam).

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Olartemoure Blog

JULY 14, 2023

The farmer sent a thumbs-up emoji in response to a photograph of a flax-buying contract sent to him in 2021. The farmer never sent the product, causing a dispute over the acceptance of the terms of the contract. La entrada You can now sign contracts using emojis se publicó primero en OlarteMoure | Intellectual Property.

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IP Law 360

DECEMBER 16, 2021

The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

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IP Law 360

MAY 16, 2024

When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

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JD Supra Law

JANUARY 17, 2024

The traditional pillars of contract negotiation – including confidentiality, data ownership, and indemnification and liability – take on new dimensions and complexities in the context of generative AI. By: BakerHostetler

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JD Supra Law

SEPTEMBER 7, 2023

In just over two years since the inception of college Name, Image, and Likeness (NIL) rights, a groundbreaking lawsuit has emerged, alleging a violation of Florida’s NIL laws. The contract in question exemplifies the very concerns that advocates for increased oversight and. On September 1, 2023, Gervon Dexter Sr.,

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IP Law 360

MAY 17, 2024

A Los Angeles federal jury found on Friday that Samsung materially breached its contract with chipmaker Netlist by cutting off its supply of crucial memory products, delivering a significant win for Netlist in its multi-jurisdictional patent fight with Samsung even though no monetary damages were at stake.

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JD Supra Law

DECEMBER 18, 2023

Film lawyer Gordon Firemark and music lawyer Tamera Bennett discusses the latest on the Hall and Oates Partnership Sale – or freeze thereof; legislation pending and passed to limit lyrics as evidence in criminal cases; and analysis of the new SAG/AFTRA and WGA contracts post-strike(s). By: Entertainment Law Update Podcast

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Herbert Smith Freehills

MARCH 17, 2023

In our annual contract law update we consider a number of interesting contract law cases from 2022 which highlighted key points for those involved in drafting or managing contracts. The cases we have chosen deal with formation, exclusion and limitation clauses, good faith, unexpected events and termination.

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IP Law 360

JULY 18, 2023

A New York bankruptcy court’s recent ruling in Vice Media’s Chapter 11 case is likely to have implications for other cases involving the assignment of contracts by corporate entities, and may signal that Showtime will still face an uphill battle in trying to prove that its contract constituted personal services, says Debra Dandeneau at Baker McKenzie. (..)

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Barry Sookman

JUNE 1, 2024

2024 SCC 20 on the construction of exclusion clauses in contracts. Specifically, the appeal concerned a contracting party’s ability to contract out of the statutorily implied condition of sale by description under the Sale of Goods Act , R.S.O. Pine Valley Enterprises Inc., 1 (“ SGA ”).

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LexBlog IP

NOVEMBER 26, 2023

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Amending Act) received royal assent on 9 November 2022, introducing significant amendments to the Australian Consumer Law (ACL).

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Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Freedom Financial Network, LLC.

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The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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JD Supra Law

MAY 24, 2024

In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and ADVA for infringement. By: Womble Bond Dickinson

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LexBlog IP

SEPTEMBER 7, 2023

In just over two years since the inception of college Name, Image, and Likeness (NIL) rights, a groundbreaking lawsuit has emerged, alleging a violation of Florida’s NIL laws. ” The initial term commenced upon contract signing and concluded with Dexter’s ineligibility under NCAA rules.

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IP Law 360

MARCH 26, 2024

Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.

Contracts 52

Contracts 52

JD Supra Law

APRIL 9, 2024

These are assurances that customers purchasing technology products expect from their providers, and which are often required as part of the contracts for such products. Reliability, security, and legal compliance. AI Providers, however, are lagging in their willingness to contractually commit to such assurances, let alone deliver in practice.

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LexBlog IP

NOVEMBER 15, 2021

There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. Sometimes it is so informal that the athlete does not realize they have entered into a contract that creates legal obligations just as real as the big money deals listed above.

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IP Law 360

JULY 8, 2022

A Georgia judge said a marketing organization can't enforce non-solicitation agreements in its contracts with two independent insurance agents whom it has sued for alleged trade secrets violations, saying the clause is unenforceable under Georgia law.

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IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

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Technology & Marketing Law Blog

JUNE 12, 2024

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Thus, more likely, this law is one of thousands of laws that the California legislature passes with some hype but then gets widely ignored.

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