Searching Content indexed under Contracts and Commercial Law by McDermott Will & Emery ordered by Published Date Descending.
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Corporate Social Responsibility Push Adds To The Exemption Challenge
Recent efforts by BlackRock and other institutional investors (e.g., ISS) are encouraging the corporations in which they invest to more affirmatively pursue a "social purpose" ...
United States
9 Mar 2018
Mississippi Court Dismisses Multiple Claims In Distributor Termination Case
On December 15, 2017, a Mississippi trial court issued a series of orders dismissing a substantial number of the claims brought ...
United States
2 Jan 2018
Massachusetts Court Dismisses Brand Owner's Suit Against Wholesaler
Earlier this month, a Massachusetts Superior Court judge granted beer wholesaler Craft Beer Guild, LLC's (Craft) motion to dismiss a civil suit, Shelton Bros., Inc. v. Craft Beer Guild, LLC d/b/a Craft Brewer's Guild...
United States
30 Oct 2017
Delaware Unclaimed Property Legislation – Lipstick On A Pig?
The Delaware General Assembly has introduced legislation that would significantly rewrite the Delaware unclaimed property statute by repealing the three current subchapters...
United States
18 Jan 2017
Issues To Consider When Buying Or Selling A Craft Distillery
One of the last things anyone thinks about when embarking on a new, exciting venture (like opening their own distillery), is how things will come to an end.
United States
11 Jan 2017
Can Transaction Parties Rely On The Common Interest Privilege?
Alison Nadel and Erika Pont wrote this bylined article on whether parties to a transaction should share legal advice among themselves to save money and time.
United States
2 Sep 2016
When Relators Steal Corporate Documents: Northern District Of Illinois Dismisses Counterclaim For Breach Of Contract
The answer is . . . it depends. It depends on the scope of the materials taken, their relationship to the relator's claim, and the breadth of the disclosure.
United States
24 May 2016
Unclaimed Property Litigation Update – Spring 2016
Litigation over unclaimed property rules and obligations continues to accelerate. The first quarter of 2016 brought developments in several cases.
United States
17 May 2016
When Customer Supply Contracts Lead To Trouble: Exclusive Dealing Provisions Result In FTC Monopolization Action Against Invibio
Exclusive dealing by a monopolist may be challenged and prohibited when the acts allow the monopolist to maintain its monopoly power.
United States
6 May 2016
A Practical Blueprint For Distribution
Whether you're an experienced brewer getting ready to enter a new state, a startup packaging brewery looking to serve your home market, or a brewpub expanding to provide products to local retailers, you need a viable distribution plan.
United States
23 Mar 2016
TTB Issues Ruling On Category Management Under Federal Tied-House Statute
Today the Alcohol & Tobacco Tax & Trade Bureau (TTB) released TTB Ruling 2016-1 (Ruling), addressing category management practices.
United States
16 Feb 2016
Estoppel In The Context Of Inter Partes Review Proceedings
The Patent Trial and Appeal Board (PTAB or Board) interpreted the estoppel provision of 35 U.S.C. § 315(e)(1) to deny institution of inter partes review...
United States
10 Nov 2015
California's Harley-Davidson Decision Rides Over Nexus Lines
On May 28 2015, The California Court of Appeals issued a decision in Harley-Davidson, Inc. v. Franchise Tax Board; and it was ultimately about much more than the validity of an election within California's combined-reporting regime.
United States
14 Jul 2015
Distinguishing Between Captive Insurance And Related Party Derivatives: Chief Counsel Advice Memorandum 201511021
The Taxpayer Group in the CCA is described as a group of related entities engaged in the design, manufacture, etc., of products and services in the environmental and life sciences sectors.
United States
23 Jun 2015
Licensees Not Required To Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership
The licensees entered into a licensing agreement with Safeblood for the exclusive rights to market certain patented technology overseas.
United States
13 Apr 2015
Third Circuit Affirms MillerCoors Victory In Wholesaler Contract Dispute
On Wednesday, February 25, 2015, the U.S. Court of Appeals for the Third Circuit issued its opinion in Frank B. Fuhrer Wholesale Co. v. MillerCoors LLC, No. 14-1008 (3d Cir. 2015)...
United States
4 Mar 2015
Skinner v. Armet Armored Vehicles, Inc.: One District Court’s Attempt To Apply Triple Canopy
We recently posted about the Fourth Circuit’s decision in United States ex rel. Badr v. Triple Canopy, — F.3d —-, 2015 WL 105374 (4th Cir. Jan. 8, 2015).
United States
20 Feb 2015
The Fourth Circuit’s Triple Canopy Decision: Implied Certification Versus "Garden-Variety" Breaches Of Contract (And Does The Government’s Intervention Decision Matter To The Analysis?)
The Fourth Circuit’s January 8, 2015 decision in United States ex rel. Badr v. Triple Canopy, Inc. is notable in several respects.
United States
13 Feb 2015
Who Arbitrates Arbitrability?
Addressing for the first time the question of whether the court or the arbitrator decides arbitrability, a panel of the U.S. Court of Appeals for the Ninth Circuit reversed the denial of a motion to compel arbitration and concluded that incorporation of the UNCITRAL arbitration rules into a commercial contract constitutes clear and unmistakable evidence that the parties intended to delegate questions of arbitrability to the arbitrator.
United States
6 Sep 2013
Federal Circuit Not The Only Forum That Can Resolve Patent-Related Contract Disputes
In a case of first impression for a regional court of appeals regarding the issue of whether the U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction to hear appeals of breach of contract claims that would require resolution of a patent infringement claim.
United States
6 Aug 2013
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