Home Category For the Public Commercial Litigation

Commercial Litigation

Handshake Deal to Lawsuit: The Risks of Informal Agreements

David Olsky June 22, 2026

Not every deal starts with a contract. Sometimes, people assume that a shared understanding is enough, that a written agreement isn’t necessary, or that they’ll document it later. Sometimes that works. Informal arrangements are fine when things are going well. But when a business relationship breaks down, the lack of a legal contract can cause significant problems. A recent case

Are Noncompete Or Nonsolicit Agreements Enforceable in Minnesota?

Brandon M. Schwartz March 5, 2024

Employers have long relied on restrictive covenants such as noncompete and nonsolicitation agreements to protect their business and market position. Historically, agreements such as noncompete agreements had to be limited in scope – including duration and geographic area – in order to be enforceable. And I previously wrote on this topic back in November 2022. However, a new Minnesota law

The Impact of Revenue from a Collaboration Agreement on the 271(e)(1) Defense in Patent Infringement Cases

Brandon M. Schwartz June 22, 2023

The Hatch-Waxman Act, established in 1984, provided a significant reform to the regulatory framework surrounding pharmaceutical patents in the United States. A key element of this reform was the introduction of the ‘safe harbor’ provision, known formally as 35 U.S.C. § 271(e)(1). This provision shields certain activities related to the development and submission of information to the U.S. Food and

Amgen Supreme Court decision: Citing to The Telegraph and Light Bulb Patent Battles

Brandon M. Schwartz May 31, 2023

On May 18, 2023, the United States Supreme Court decided Amgen Inc et al.. Sanofi et al., a case on patents covering antibodies engineered by scientists that help reduce levels of low-density lipoprotein cholesterol. While the technology at issue was new, the Court relied on its precedent dating back nearly 170 years ago to unanimously hold that the Amgen’s patents

Section 271(e)(1) Defenses in Patent Infringement Cases: An Analysis of U.S. Supreme Court Cases

Brandon M. Schwartz May 24, 2023

The field of patent law is complex and evolving, constantly addressing the intersection between innovation and intellectual property rights. One critical aspect of patent infringement cases is the availability of defenses to accused infringers. Section 271(e)(1) of the United States Patent Act provides a specific defense for certain activities, but because the Section has been noted by Justice Scalia to

Navigating Patent Infringement Claims and Defenses

Brandon M. Schwartz May 5, 2023

Patent infringement claims are on the rise as more companies invest in research and development to create cutting-edge products and technologies and then vigorously protect their intellectual property. These claims can have significant financial and legal consequences for the parties involved and are litigated in the federal district courts under the Federal Rules of Civil Procedure. Understanding Patent Infringement: Patent

Key Provisions to Help Avoid Shareholder Disputes

Brandon M. Schwartz April 4, 2023

Often, by the time a dispute between shareholders reaches me, there has been a breakdown in the expectations that result in litigation to sever the business marriage. Some of these disputes may be inevitable. But most could have been avoided, or at least tempered, by ensuring that the governing documents define what the shareholders expect from each other. So what

When Your Dream Build Turns into A Nightmare

Brandon M. Schwartz March 7, 2023

Construction defects are a significant concern for homeowners, builders, and contractors. Identifying and resolving construction defects is vital to all parties engaged in the Minnesota build process. The following provides the legal framework surrounding construction defects, steps to identify and establish these defects, and the recourse available to affected parties. Understanding Construction Defects A construction defect is a flaw or

Independent Counsel in Derivative Litigation

Brandon M. Schwartz January 30, 2023

Whether it be a shareholder oppression claim, a majority shareholder asserting a breach of fiduciary duty claim against a minority shareholder, or claims against those in control, derivative litigation is prevalent and provides a check on wrongdoing. And the necessity that each party in litigation has independent counsel advocating for their rights is well-established. Here, we discuss when independent counsel

What Is A Special Litigation Committee?

Brandon M. Schwartz January 19, 2023

A truly independent “Special Litigation Committee” or “SLC” wields enormous power in the context of derivative claims (more on these claims below). The SLC will either validate a derivative claim and recommend that it be pursued or settled or will recommend that it be dismissed. Since the company or corporation must adhere to the SLC’s determinations, and because of the

Commercial Litigation

Find a Lawyer Near You