Can an unsigned contract still be a contract? The answer is yes,
for statute of limitations purposes, says the 7th Circuit Court of
Appeals. On this basis, it permitted a Chicago law firm to pursue a
claim of unpaid fees against a foreign company and its U.S.
subsidiary. (Blanchard & Associates v. Lupin
Pharmaceuticals, Inc. and Lupin, Ltd., 7th Circuit Court of
Appeals, No. 17-1903, August 20, 2018)
Lupin, Ltd. ("Lupin India") is an Indian
pharmaceutical company with a U.S. subsidiary, Lupin
Pharmaceuticals, Inc. ("Lupin USA"). In 2009, Lupin India
planned to launch in the U.S. through Lupin USA a generic
birth-control drug. For this purpose, the Lupin companies worked
with a Chicago law firm, Blanchard & Associates
("Blanchard"). Blanchard communicated with the Lupin
companies through Sofia Mumtaz, who said she was authorized to act
for both of the Lupin companies. Blanchard sent its engagement
letter to both Lupin companies through Mumtaz, but neither of
