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Assignments

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -
Jones Day

Business Restructuring Review Vol. 24, No. 2 | March–April 2025

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Fifth circuit rules that serta simmons uptier violated credit agreement, rejects equitable mootness as bar to review of chapter 11 plan confirmation order and excises plan indemnification provision...more

Mayer Brown

Execution of Legal Assignments under Section 136 of the Law of Property Act 1925

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Legal assignments under section 136 of the Law of Property Act 1925 (LPA 1925) are used in many financing transactions, including secured lending transactions and transactions involving receivables purchase arrangements, and...more

BCLP

New Perspectives: Legal Assignments in Asset-based Lending

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The City of London Law Society Financial Law Committee (FLC) has issued a note to guide parties and their legal advisors on executing legal assignments under section 136 of the Law of Property Act 1925 (LPA 1925) in view of...more

Oliva Gibbs LLP

Happiness is Setting Clear Boundaries — Especially in Overriding Royalty Assignments

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Assignments of interests in oil and gas leases often incorporate by reference outside agreements. This can be a helpful shortcut to avoid including every lengthy and confidential provision that was drafted during negotiations...more

Troutman Pepper Locke

Florida Court of Appeals Holds Personal Claims Under the FCCPA are Not Assignable

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The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah...more

Freiberger Haber LLP

Giving Two Contract Provisions Their Intended Meaning

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Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Hudson Cook, LLP

When Is a Sale Final? Not Always as Early as You'd Like It to Be

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One of the first things I learned in my first-year contracts class in law school was the Uniform Commercial Code. Specifically, the class covered Article 2 of the UCC, which governs sales of goods, including motor vehicles. ...more

Smith Anderson

Transferring Federal Government “Other Transaction” Agreements

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As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part II

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This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more

Winstead PC

IP Assignment Agreements: Protecting Your Company Today and Saving Yourself from Headaches Tomorrow

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For nearly all companies, but particularly companies in the technology sector, the intellectual property ("IP") they create are the crown jewels of the business. Without the IP, the company has nothing to sell....more

WilmerHale

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

WilmerHale on

Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll,...more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

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A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Levenfeld Pearlstein, LLC

Should We ‘Second’ That? A ‘Top Ten’ Due Diligence Checklist for the Litigation Finance Secondaries Market

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Given the recent growth of the secondaries market in the litigation finance space, Secondary Investors should consider how to best approach their review of potential transactions. In addition to the economics of a given...more

Womble Bond Dickinson

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

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In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

Goodwin

Top 10 Questions About Bankruptcy Sales - A Primer on Sales Under Section 363 of the Bankruptcy Code

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A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more

Charles E. Rounds, Jr. - Suffolk University...

The Case For Making Substantial Unrestricted Gifts To A Charitable Corporation Indirectly Via Assignment To An Independent...

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When considering how to make a substantial gift to a charitable corporation, one should not rule out making it indirectly via assignment to an independent trustee. First, an independent trusteeship facilitates proper asset...more

Epstein Becker & Green

Importance of Negotiating Assignment and Subletting Provisions in Health Care Leases

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In our ongoing series of blog posts, we examine key negotiating points for tenants in triple net health care leases. We also offer suggestions for certain lease provisions that will protect tenants from overreaching and...more

Miller Canfield

Michigan Court of Appeals Enforces Arbitration Provision in Auto Lease

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In a rare published decision, the Michigan Court of Appeals enforced a provision in an auto lease that allowed either party to demand arbitration, even though the dealer had assigned the lease to a finance company and no...more

Ballard Spahr LLP

Judicial Conference issues policy regarding random assignment of judges

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On March 12, 2024, the Judicial Conference of the United States (“Judicial Conference”) announced that, in an effort to limit the ability of litigants to select judges in certain cases based on where they file lawsuits, it...more

Axinn, Veltrop & Harkrider LLP

Done Shopping

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On March 12, 2024, the Judicial Conference of the United States announced an amendment of the policy governing random case assignment to “deter[] judge-shopping.” This amendment, effective immediately, applies to all civil...more

Gray Reed

Is a Merger a “Transfer of Leases”?

Gray Reed on

In Texas, no. Read on to learn why. In Nortex Minerals LP v. Blackbeard Operating LLC et al, the question was the meaning of this limited assignment provision in the “Alliance Leases”, oil and gas leases covering 27,000 acres...more

Goodwin

Delaware ABCs (Assignments for the Benefit of Creditors): No Longer as Easy as 1-2-3

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Companies forced to wind down operations and liquidate their assets often choose a liquidation process known as an ABC (Assignment for the Benefit of Creditors). An ABC is usually more streamlined, requires fewer public...more

Davis Wright Tremaine LLP

New York Narrows the Breadth of Enforceable Employee Invention Assignment Agreements

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The state of New York has enacted legislation clarifying the scope of an employer's ownership of intellectual property created by its employees (A. 5295). Effective immediately, Governor Hochul has signed a law invalidating...more

Jackson Lewis P.C.

EEOC Sues Home Care Provider For Race And National Origin Discrimination Over Changing Work Assignments Based On Client...

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The EEOC has filed suit in federal court against a home care provider, alleging it unlawfully discriminated against employees when it changed their work assignments to accommodate client preferences. The suit alleges the...more

Miller Canfield

Asset Sale or Share Sale? Key Considerations About the Legal and Employment Implications

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When it comes to selling a business, there are two primary methods: an asset sale and a share sale. Both have their own advantages and disadvantages, and it is important to understand the key legal differences between the...more

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