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Baker Donelson Bearman Caldwell & Berkowitz PC

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The differences between “pay if paid” and “pay when paid” clauses in construction contracts

USA - January 15 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are

LIBOR Phaseout: What Happened and What's Next?

United Kingdom, USA - February 2 2018 The Financial Conduct Authority (FCA) of the United Kingdom plans to phase out the London Interbank Offered Rate (LIBOR) by the end of 2021. LIBOR is

The FLSA's "8 and 80" overtime provisions: what you need to know

USA - December 12 2013 The Fair Labor Standards Act (FLSA) requires that employers pay most hourly workers for all hours worked plus overtime, calculated at one-and-a-half

Closing Attorney Scams: Avoiding Fraudulent Wire Transfers

USA - February 27 2018 As we move into the busy spring real estate cycle, criminals are targeting real estate agents and closing attorneys with increasing frequency. The

Force majeure clauses: protecting against the unforeseeable

USA - April 7 2014 Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and

Music publishers score major victory in closely watched copyright case

USA - April 25 2018 Six music publisher groups were recently granted summary judgment on an infringement claim relating to copyrights in approximately 200 musical

Practice note: avoid multiple embodiments in design patent applications

USA - April 18 2018 Considering the growing popularity of design patent applications, the Federal Circuit's recent decision in Pacific Coast Marine Windshields has important implications for IP owners and patent practitioners

New USPTO director: predictability!

USA - April 11 2018 The overriding need for predictability in the US Patent system is the focus of the new US Patent and Trademark Office (USPTO) Director Andrei Iancu

Federal Circuit continues to narrow appellate jurisdiction

USA - March 21 2018 The most recent case narrowing the Federal Circuit's appellate jurisdiction involved a Walker Process claim. In 1965 the Supreme Court held that a

Tribal sovereign immunity does not apply to PTAB proceedings

USA - March 7 2018 On February 23 2018 a panel of three administrative patent judges at the Patent Trial and Appeal Board (PTAB) unanimously agreed that tribal sovereign