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Baron Cohen Lawyers on Winning Ruling In Judge Moore's Defamation Suit Image

Baron Cohen Lawyers on Winning Ruling In Judge Moore's Defamation Suit

Ross Todd

In a defamation suit brought by former Alabama Chief Justice Roy Moore, a Federal District Judge recently ruled that a release Judge Moore signed prior to his appearance on the satirical Showtime series Who is America? barred precisely the sorts of claims he was bringing. In this Q&A, Baron Cohen's attorneys discuss the case.

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Olympic Swimmer's Counsel on Client's Legal Concerns Image

Olympic Swimmer's Counsel on Client's Legal Concerns

Melea VanOstrand

When 2020 came and went without the Tokyo Olympics, due to the COVID-19 pandemic, lawyer Alan Fertel watched as many of the sponsorships and deals he'd negotiated for one of the world's fastest swimmers — now Tokyo Olympics Gold medal winner Caleb Dressel — expired.

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The Unheralded Value of a Contract Image

The Unheralded Value of a Contract

Andrew Banquer

The most important part of a contract is the data that it generates. If you take all that data from each contract, then aggregate, organize and analyze it, you will have critical insights into the overall effectiveness of your contracting process and the way you transact business.

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Licensing Audits from Licensees' Perspective Image

Licensing Audits from Licensees' Perspective

David Schnider

The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.

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NY Court of Appeals Rules on Damages Clauses In Commercial Leases Image

NY Court of Appeals Rules on Damages Clauses In Commercial Leases

Linton Mann III & William T. Russell Jr.

In The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, the NY Court of Appeals split on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.

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Considerations When Entering Into a Tolling Agreement Image

Considerations When Entering Into a Tolling Agreement

Evan T. Barr & Christopher H. Bell

Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.

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Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine Image

Exercising Restraint: Federal Circuit Affirms Dismissal of Declaratory Judgment Action Under Abstention Doctrine

Rudy Kim & James Hancock

The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.

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Transitioning to Remote, Electronic Signing for Transactions Image

Transitioning to Remote, Electronic Signing for Transactions

Will Norton

The recent move to more remote work environments has prompted many to take a second look at not only eSignature solutions but also remote online notarization (RON). In order to support transactional practice groups in making the transition to electronic signing and closings, one must understand the challenges and opportunities of these technologies.

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COVID-19 and Force Majeure Clauses Image

COVID-19 and Force Majeure Clauses

Neil J. Rosini & Michael I. Rudell

The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.

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Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence Image

Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence

Ryan Drimalla & Karl Dorwart

The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.

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