Features
Standing the Test of 'Time Is of the Essence'
Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.
Arbitration Issue in Suit Against Roger Ailes
A sexual harassment suit filed against Fox News Network chairman and CEO Roger Ailes by former anchor Gretchen Carlson is influenced by varying climates in New Jersey and New York when it comes to arbitration agreements.
Columns & Departments
Case Notes
Cases involving a non-paying restaurant tenant and statutory theft.
Features
Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims
In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."
Features
Six Keys to a Successful Law Firm Merger
Over the past two years I have been involved in three merger situations and I am currently working on two more. I have come away with six factors that, I believe, determine the success or failure of law firm merger discussions.
Features
<i>Cuozzo</i> Upholds PTAB Authority
In June, in <i>Cuozzo Speed Technologies</i>, the Supreme Court upheld the prior Federal Circuit decision that a patent owner cannot, in most circumstances, appeal the decision of the Patent Trial and Appeal Board to institute an inter partes review.
Enforceability of Mandatory Arbitration in Online Contracts
The Consumer Financial Protection Bureau has issued a proposed rule that would limit the use of mandatory arbitration in certain consumer finance contracts, including online agreements. This article focuses on the differing results reached in recent cases involving defendants' motions to compel arbitration.
Features
The Adjudication of Affordability
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Features
Associate Salary Stratification More Likely In 'Buyer's Market'
Since Cravath, Swaine & Moore upped the ante on associate salaries this Spring, others in the big law community have responded gradually, some going all-in and others devising region-specific pay scales. In the current market, industry watchers say, the salary game has changed, and most firms will need to take the more thoughtful approach.
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