Tag Archives: Breach of Contract

Sharing Business Contracts with a Benchmarking Consultant? You Might Be Breaching Vendor Agreements

Benchmarking studies performed by outside consultants are an increasingly common way for retailers to gain insight into how their contracts stack up against others in the industry. Hiring a consultant to review your vendor contracts for benchmarking purposes could, however, expose you to risks. Before you undertake an engagement that requires sharing any information with a third party, you should understand and manage the potential risk.… Continue Reading

Why Retail Developers and Tenants Should Reconsider the Use of Detailed REAs

Recently, the Fourth Circuit affirmed a jury award in favor of retailer Lord & Taylor for lost profits in connection with a breach of its reciprocal easement agreement with D.C.-area mall owner White Flint, LP. The court found White Flint’s efforts to redevelop the regional mall into a mixed-use project violated the terms of the REA, which can often be an obstacle to redevelopment plans. … Continue Reading

“As Seen on TV” — Insurer Must Defend Well Known Television Marketer in Data Privacy Suit

GDPRIn a June 1, 2016 decision, the Second Circuit Court of Appeals reminded retailers and product manufacturers to look to their insurance coverages when defending against consumer class actions. The Second Circuit required CNA Financial Corporation to defend E. Mishan & Sons, Inc. – best known for its “As Seen on TV” products – in two class actions alleging a conspiracy to trap customers into recurring credit card charges and that Emson sold private consumer information that it obtained through its product sales.… Continue Reading

Retail Industry Seeing Significant Increase in Software Audits

Companies across all industries, including retail, are seeing a significant uptick in software audits and similar software license compliance reviews. These audits can disrupt the day-to-day operations of even the most efficient IT departments. However, there are ways to limit exposure to such costly software audits and the associated risks, and to even prevent them from occurring in the first place. … Continue Reading

Supreme Court Upholds Longstanding Precedent that Accrual of Patent Royalties Ends with Expiry of Patent

Yesterday, the US Supreme Court in Kimble v. Marvel Enterprises, No. 13-720 (June 22, 2015), upheld the longstanding precedent provided by Brulotte v. Thys Co, 379 U.S. 29 (1964), which stated that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” Id. at 32. … Continue Reading

General Liability Insurers in Pennsylvania Required to Defend Product Liability Claims

The Pennsylvania Supreme Court has rejected a liability insurer’s attempt to overturn a Superior Court decision holding that insurers must defend product liability claims. See Indalex v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 126 WAL 2014 (Pa. Sept. 18, 2014). The decision confirms that loss arising from a defective product may constitute … Continue Reading
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