Recently, it was reported that the UK Financial Conduct Authority will discontinue the London interbank offered rate at the end of 2021. What happens under derivatives transaction documents when LIBOR is discontinued? Read our client alert for answers.
Continue Reading The End of LIBOR

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

In the Supreme Court’s Campbell-Ewald Co. v. Gomez decision, one critical question was left wide open: whether a defendant can moot a case by tendering—as opposed to simply offering—complete relief to the plaintiff. The Ninth Circuit has now weighed in on that issue.
Continue Reading Ninth Circuit Panel Weighs In on Critical Issue Left Open by Campbell-Ewald

On January 20, 2016, the United States Supreme Court issued its ruling in Campbell-Ewald v. Gomez, No. 14-857, in which a 6-3 majority held that “an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case,” thus resolving an ongoing split among the Circuits on this issue.
Continue Reading Supreme Court Holds Unaccepted Offer of Judgment Does Not Moot Claims, But Leaves Key Issue Unresolved