Contracts – Page 68 – Legal News Feed

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Mastering Advertising Agreements: A Vital Skill for Intellectual Property and Technology Contract Professionals

Pieter Gunst3 years ago03 mins

For legal professionals navigating the complex world of intellectual property and technology contracts, a keen understanding of advertising agreements is essential. This insight can be invaluable when it comes to drafting, negotiating, and comprehending these intricate contracts. As any business expands, its advertising requirements grow exponentially. Going into these agreements with a robust comprehension of…

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Real Estate Legal Strategies Amid E-commerce Growth for a Successful 2024

Pieter Gunst3 years ago03 mins

As we begin the final quarter of 2023, legal professionals across various industries are setting strategies to close the year on a high note and position for a successful 2024. The real estate lawyers at Greenberg Glusker are, for instance, reflecting on the year’s accomplishments and working closely with their clients to devise effective strategies…

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UK Government Advances Legislation Addressing Payment Service Contract Terminations by 2024

Pieter Gunst3 years ago04 mins

The United Kingdom is in the process of drafting advanced legislation to govern the termination of payment service contracts, with the formal draft set to be introduced before 2024, according to a recent policy statement by the HM Treasury. The statement provides additional insights into the government’s approach to implementation, anticipated timeline and upcoming steps,…

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Federal Circuit Clarifies De Novo Review Standard in Default Termination Ruling

Pieter Gunst3 years ago02 mins

In a recent ruling, the Federal Circuit shed light on the de novo review standard pertinent to termination decisions for default under federal contracts. The decision is a result of the case between the Department of Transportation v. Eagle Peak Rock & Paving, Inc. Eagle Peak Rock & Paving, Inc. (“Eagle Peak”) was awarded a…

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Navigating California’s New Business Legislation: Non-Competes to Healthcare Minimum Wages

Pieter Gunst3 years ago03 mins

The deadline for Governor Newsom’s bill signing, October 14, 2023, has come to an end. Even as the Governor vetoed a few significant bills, he approved a diverse range of new laws that will come into effect in 2024 and beyond, covering key areas from non-compete agreements to minimum wage standards in healthcare. These new…

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Arkansas DEQ and Lyons Contracting Address Asbestos Regulation Violations

Pieter Gunst3 years ago03 mins

In a recent development from Arkansas, the Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and a White County contractor, Lyons Contracting, LLC (“Lyons”), have entered into a Consent Administrative Order (“CAO”). These proceedings address alleged violations of the Arkansas Asbestos Regulations, as stated in the Arkansas Pollution Control & Ecology Commission…

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California Strengthens Non-Compete Laws: Impact on Employers, Employees, and Innovation

Pieter Gunst3 years ago02 mins

Recently, California fortified its established prohibitions against noncompetition agreements in the work environment by enacting two new pieces of legislation. The updated laws, slated to go into effect on January 1, 2024, offer further limitations to employers who have commonly sought to impose non-competition clauses on their employees. These developments serve as an extension to…

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Navigating Software Licenses in High-Value Service Packages: Lessons from a Landmark North Carolina Case

Pieter Gunst3 years ago02 mins

In a recent case, the North Carolina Supreme Court tackled the complex issue of software licenses and contracts within the framework of lucrative service packages in the Value Health Solutions, Inc. v. Pharmaceutical Research Associates, Inc., 891 S.E.2d 100 (2023). At the heart of the issue, the court grappled with the question: if a company…

Bloomberg Law

Google Antitrust Case: The Critical Role of Judge Amit P. Mehta in Deciding Monopoly Allegations

Pieter Gunst3 years ago03 mins

As the global legal community closely watches, unfolding is the significant legal battle between Alphabet Inc’s Google and the Justice Department, under the supervision of federal judge, Amit P. Mehta. This high-profile trial, critically centered around allegations of the tech giant’s potential monopoly over online search engines, has been entrusted to a judge known for…

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Minnesota Court Dismisses Differing Site Condition Claim Due to Untimely Notice: A Precedent for Construction Contract Compliance

Pieter Gunst3 years ago03 mins

In a recent legal development, a Minnesota federal court dismissed a case involving a tunneling contractor’s alleged differing site condition, on the grounds of an untimely notice. According to details from the case, Engineering & Construction Innovations Inc. took legal action against Bradshaw Construction Corp (ECI v. BCC). The crux of the legal matter lay…

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Delaware Chancery Court Declines to Enforce Specific Performance in SPAC Deal

Pieter Gunst3 years ago03 mins

In a comprehensive new ruling, the Delaware Chancery Court declined to enforce the ‘specific performance’ clause in a deal involving a special purpose acquisition company (SPAC). This decision draws many attentions, as it underscores the practical realities required for a court to enforce this particular clause in case of breaching agreements. It further highlights the…

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Davis-Bacon Act Regulations Overhaul: Implications for Federal Construction Projects and Wage Practices

Pieter Gunst3 years ago03 mins

The United States Department of Labor (DOL) recently issued a final rule updating the regulations under the Davis-Bacon Act. The update, issued on August 23, 2023, represents the DOL’s first comprehensive revision of these regulations in four decades. Considering the significance of these developments, a detailed comprehension and application of the new rules stands essential,…

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Saudi Arabia’s New Civil Code: Contractual Reforms Aligned with Vision 2030

Pieter Gunst3 years ago02 mins

The new Civil Code of the Kingdom of Saudi Arabia, known as the “KSA Civil Code,” represents a significant legislative milestone in its approach to codifying the law governing the forming of a contract and related contractual principles within the Kingdom. According to an article hosted on JDSupra by Shearman & Sterling LLP, this reform…

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Navigating Compliance Complexities: The Challenges of Foreign Security Futures

Pieter Gunst3 years ago03 mins

The compliance complexities surrounding foreign security futures continue to pose considerable challenges for global law firms and corporate lawyers. Notably, the term “security future” operates somewhat ambiguously within the US financial system, resembling the mythical creature “tragelaph” that Aristotle cited as an example of a concept possessing significance, despite its non-existence. In concrete terms, while…

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Federal Court Ruling Redefines Damages Calculation in Post-Acquisition Disputes

Pieter Gunst3 years ago03 mins

A New York federal court has ruled that sellers who violated representations outlined in an asset purchase agreement must compensate the buyer. This compensation is determined using an implied purchase price multiple, taken from the time of sale, and an adjusted trailing 12-month EBITDA, which considers the sellers’ breaches. The legal decision transpired on October…

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Exploring Key Legal Principles in Bid Protests and Government Contracts

Pieter Gunst3 years ago03 mins

The latest volume of Hogan Lovells: Bid Protest Digest delves into critical legal principles pertaining to the complex world of bid protests. Details have been unveiled in decisions from the U.S. Court of Federal Claims (COFC) and the U.S. Government Accountability Office (GAO), which set the stage for a plethora of legal practices among corporations…

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California Expands Definition of Student Loans and Servicers in New Regulations

Pieter Gunst3 years ago03 mins

California recently passed final regulations for its Student Loan Servicing Act and the Student Loans Borrower Rights Law. The announcement was made on October 12 by the California Department of Financial Protection and Innovation (CA DFPI) in its monthly bulletin. The regulations will officially go into effect on January 1, 2024. Among these new rules,…

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Arkansas Attorney General Targets Solar Companies’ Predatory Tactics under Deceptive Trade Practices Act

Pieter Gunst3 years ago02 mins

On October 5, Arkansas Attorney General Tim Griffin issued an enforcement advisory to all solar installation companies operating within the state. The issuance of this advisory highlights the enforcement of companies’ legal obligations under the Arkansas Deceptive Trade Practices Act. Of important note, the advisory letter expressed specific concern over what the AG describes as…

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NASA Enhances Small Business Mentor Protégé Program with Final Amendments

Pieter Gunst3 years ago03 mins

In this week’s updates on governmental contracts, the National Aeronautics and Space Administration (NASA) presents final amendments to its Small Business Mentor Protégé Program (MPP) within the NASA Federal Acquisition Regulation Supplement. With the objective to strengthen support for small businesses, the updates encompass everything from requirements on subcontracting goals, changes to the MPP reporting,…

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California Strengthens Employee Protections Against Noncompete Clauses

Pieter Gunst3 years ago03 mins

Changes in California’s laws concerning noncompete clauses have elicited significant attention among legal professionals and corporate entities. In a departure from the prevailing norms, the state has instituted new measures aimed at equipping employees with additional leverage against such agreements. What follows are the key points extracted from the recently updated laws. California’s approach to…

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California Establishes Statewide Minimum Wage for Healthcare Workers with SB 525

Pieter Gunst3 years ago03 mins

In a significant move for healthcare workers in California, a state-wide minimum wage has been established, which will be phased in over time. On October 13, 2023, Governor Newsom approved Senate Bill (SB) 525, bringing in a multi-tiered statewide minimum wage schedule specifically for health care workers employed by certain covered healthcare facilities. The differing…

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Healthcare Providers: Strategies to Mitigate Class Action Lawsuits Risk

Pieter Gunst3 years ago03 mins

Healthcare providers face significant risk while offering essential services, owing not only to the sensitive nature of their job but also due to the clear potential for lawsuits. This susceptibility manifests particularly when caring for the emotional and physical well-being of individuals, with any flaws leading to potential lawsuits. Considering that providers extend these services…

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Unraveling the Complexities of 401(k) Plan Provider Contracts

Pieter Gunst3 years ago02 mins

401(k) plan provider contracts often reveal an array of complexities and issues that may not be immediately apparent to the untrained eye. While they feature in our daily lives, these contracts are far from ordinary and have proved especially challenging for legal professionals across the globe. Lawyer Ary Rosenbaum from The Rosenbaum Law Firm P.C….

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California’s AB 1076: A Landmark Move Banning Non-Compete Agreements for Employees

Pieter Gunst3 years ago03 mins

California continues to set the pace for enforcing workers’ rights, as its Governor enacted Assembly Bill (AB) 1076 on October 13, 2023. The bill adds a new addition to the Business & Professions Code, specifically, the introduction of Section 16600.1. The new statute makes it completely unlawful to impose non-compete clauses on employees, going a…

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SBA Amends Regulations to Promote Lower-Tier Small Business Subcontracting Credit

Pieter Gunst3 years ago02 mins

The Small Business Administration (SBA) has recently issued a final rule amending its regulations concerning lower-tier small business subcontracting credit. This significant development is intended to align with statutory changes introduced in the National Defense Authorization Act (NDAA) for Fiscal Year 2020. The aim of the rule change is to encourage larger contractors to utilize…