Searching Content indexed under Contracts and Commercial Law by Mintz ordered by Published Date Descending.
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HHS Proposes Sweeping Changes To AKS And Stark Law, Part 3: Personal Services And Management Contracts, Outcomes-Based Payments, And Warranties
This post is the third installment of our blog series on recent proposed rules from the Department of Health & Human Services (HHS) that, if finalized, would implement major changes to the...
United States
5 Nov 2019
Commentary Uniform Commercial Code Financing Statement Is Integral In Bond Defaults
Proper attention to the unsexy "Uniform" Commercial Code financing statement may well be the single most consequential checklist item in a secured bond financing from the perspective of bondholder ...
United States
2 Oct 2019
Incorporation By Reference Of A Commercial Contract's Arbitration Clause Can Bind A Non-Signatory Performance Bond Surety
Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common law basis for binding
United States
11 Sep 2019
Delaware Court Of Chancery Reaffirms Entire Fairness Standard In Director Compensation
On May 31, 2019, in Stein v. Blankfein, et. al., the Delaware Court of Chancery reaffirmed the Delaware Supreme Court's holding in In re: Investors Bancorp, Inc. Stockholder Litigation that the "entire fairness" standard ...
United States
21 Jun 2019
Discoverability Of Third Party Funding Agreements In Arbitration – Part I
The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms
United States
1 Feb 2019
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement
United States
31 Jan 2019
Delaware Chancery Court Holds Corporations Cannot Enact Federal Forum Provisions To Bypass Cyan And Preclude State Courts From Hearing Securities Act Claims
In 2017, courts across this country were split on whether plaintiffs could assert a class action alleging claims under the Securities Act of 1933 (which provides a private right of action
United States
21 Jan 2019
Judicial "Wholly Groundless" Doctrine Regarding Delegation Of Arbitrability Issues Is Wholly Groundless Under The FAA
The U.S. Supreme Court has decided that the Federal Arbitration Act ("FAA") requirement that courts enforce arbitration agreements according to their terms.
United States
14 Jan 2019
OIG Says Proposed MCO Incentive Program Protected By AKS Safe Harbor
In its favorable Advisory Opinion 18-11, the OIG explains how a managed care organization's proposed incentive program to pay network providers ...
United States
22 Nov 2018
Eleventh Circuit Adjudicates The Delegation Issue With Respect To "Class Arbitrability" No Differently Than For Bilateral Arbitration; But Who Is Bound?
The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of "class arbitration" is very different from your uncle's classic bilateral arbitration.
United States
18 Oct 2018
Optimizing Data Centers To Meet The Needs Of Cryptocurrency Miners
Data centers are the twenty-first century nexus between the commercial real estate and telecommunication business sectors.
United States
19 Apr 2018
United States
23 Mar 2018
The Rise Of Short-Term Apartment Rentals: Concerns And Opportunities For Multifamily Owners
Previously on this blog, my colleagues posed the question to commercial landlords, "Do you know who's working in your building?"
United States
20 Mar 2018
The Current State Of 'Class Arbitration' Law
Thus far the U.S. Supreme Court has addressed a few issues concerning "class arbitration," including (1) the fundamental significance of the arbitration agreement;
United States
14 Jun 2017
Sale-Leasebacks: Cash Out But Keep Control
Companies that purchase or ground-lease and develop property for their own use may want to consider monetizing those real estate assets through sale-leaseback.
United States
24 Feb 2017
IRS Clarifies New Management Contract Safe Harbors
In August, 2016, the IRS issued Revenue Procedure 2016-44, the first comprehensive revision of its management contract safe harbors since Revenue Procedure 97-13.
United States
25 Jan 2017
Arbitration Agreements — Incorporation By Reference Of An Arbitration Clause In Another Document Is A Simple Matter ... Isn't It?
Drafting an arbitration clause for your agreement is a straightforward matter most of the time. Sometimes it can be as simple as incorporating by reference an arbitration provision in another document or agreement.
United States
21 Nov 2016
Class Action Defense Pick-Off Strategy Shot Down By SCOTUS
Our colleagues Michael Arnold and Gauri Punjabi recently discussed the U.S. Supreme Court's rejection of the Federal Rule 68 "pick off" strategy on Mintz Levin's Employment Matters Blog.
United States
8 Feb 2016
Lyft Gets Cited By FCC For Robo-Texting
Companies that require customers to agree to receive autodialed marketing calls and text messages as a condition for using the companies' services have been put on notice that they may be in violation of the TCPA.
United States
16 Sep 2015
Ninth Circuit Upholds Judge Robart's RAND Determinations In Microsoft v. Motorola
The next day, Motorola brought an action in the Western District of Wisconsin seeking to enjoin Microsoft from using its H.264 patents.
United States
17 Aug 2015
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