News and Events for Attorneys and Executives

Contracts

Decision Chips Away at the Enforceability of Teaming Agreements

Insight
A recent decision from the Virginia Supreme Court further weakens the enforceability of teaming agreements, which may mean trouble for prospective subcontractors, according to an alert from Baker & Hostetler.

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You’ve Got Contract: An Email Establishes Binding Settlement in the Second Circuit

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A recent Second Circuit opinion provides a reminder of the importance of reserving rights pending final documentation and the risks of being bound despite the absence of definitive agreements in place, according to Kramer Levin Naftalis & Frankel.

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Circuit Split – Allowing Receiverships by Contract

News
A post on Bryan Cave’s website discusses a circuit split on the weight courts give contractual provisions allowing the appointment of a receiver in loan documents.

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AIA Changes – It’s Time to Convert Before It’s Too Late

AIA Changes – It’s Time to Convert Before It’s Too Late

Insight
Jeffrey M. Reichard of Nexsen Pruet offers a reminder that the American Institute of Architects (AIA) will discontinue support of older versions of its most popular standard form contracts after Oct. 31, 2018.

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Download: Guide to Delegating Legal Contract Responsibility

Download: Guide to Delegating Legal Contract Responsibility

Insight
Delegating contract management activities to your non-lawyer professionals has a variety of advantages, but it needs to be planned deliberately and strategically.

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10 Contract Issues to Consider When Implementing an ERP System

Insight
Morgan Lewis offers 10 framework issues to consider when in-house lawyers start thinking about how to support a business client that is looking to implement a new or replacement enterprise resource platform.

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Automatic Renewals of Consumer Contracts: Everything You Ever Wanted to Know But Were Afraid to Ask

Insight
Automatic renewals of consumer contracts should be used with care, particularly in light of recent changes to state automatic renewal laws and increased scrutiny from government officials and class action lawyers, warns a recent post on the website of Drinker Biddle & Reath.

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Recovering Data Breach Losses from Non-Contractual Parties

Recovering Data Breach Losses from Non-Contractual Parties

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Often, the loss initially falls on the financial institution through account or card agreement provisions or deadlines imposed by statutes or regulations, according to a Dykema blog post.

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How Fair – or Legal – are Non-poaching Agreements?

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Franchisors have these agreements with their franchisees in order to prevent employees from leaving one franchise to join another within the same chain.

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Top 10 Mistakes When Drafting Non-Competes in the Oil Patch

Podcast
Bruce “Chip” Morris of Kane Russell Coleman Logan has posted a new podcast in the firm’s Energy Law Today blog about the top 10 mistakes employers can make—in the oilfield, and beyond—when drafting non-compete agreements.

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When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

Insight
Parties wishing to ensure resolution of “gateway” questions of arbitrability by a specific decision-maker –whether the court or arbitrator –should spell out their preference as clearly as possible in the arbitration clause, according to Williams Mullen.

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Invention Assignment Agreements – How to Avoid Pitfalls

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Agreements should also be drafted to encompass the widest range of intellectual property possible, advises Jeffrey A. Simmons of Foley & Lardner.

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Requiring Buyers to Buy Service Contracts? Read This.

Insight
When a dealer requires a service contract in financing transactions, but not in similar cash transactions, the charge for the service contract must be treated as a finance charge, according to a Hudson Cook post.

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Can a Smart Legal Contract Be Considered a Contract According to U.S. Contract Law?

Can a Smart Legal Contract Be Considered a Contract According to  U.S. Contract Law?

Insight
Smart contracts can easily comply with offer, acceptance, and consideration requirements of conventional contracts, writes Mykyta Sokolov for lawless.tech.

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Non-Compete: Who is the Bad Actor?

Insight
The Labor & Employment Law Perspectives blog of Foley & Lardner discusses the increased attention paid to restrictive covenants and the increase in litigation as employers seek to protect their confidential information and prevent a loss of business.

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5th Circuit: How to Determine Whether a Contract Is (Or Is Not) Maritime

5th Circuit: How to Determine Whether a Contract Is (Or Is Not) Maritime

Insight
The 5th Circuit is sending a signal that it intends to use Doiron to “clean house,” hopefully bringing more uniformity to the maritime contract determination, according to Liskow & Lewis

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Buy-Sell Agreements – A Must for Start-Ups with Multiple Owners

Insight
A buy-sell agreement addresses voluntary separations – i.e. an owner wants to retire, finds other interests or simply loses the spark with his/her co-owners, explain authors Amy Plummer and Laura Wasson.

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States Look for New Angle to Fight No-Poach Agreements

Insight
No-poach agreements should be limited in scope and duration, and if no-hire provisions are included, they should be limited to upper-level management, according to Fisher & Phillips.

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Software as a Service (SaaS) Agreements: Who Owns What?

Software as a Service (SaaS) Agreements: Who Owns What?

Insight
The Tech & Sourcing blog of Morgan Lewis takes a look at Software as a Service (SaaS) agreements — starting with the perspective of a solution that uses a dedicated service.

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Oral Revocation of Consent Insufficient Where Contract Required Writing

Oral Revocation of Consent Insufficient Where Contract Required Writing

Insight
A post on the website of Manatt, Phelps & Phillips discusses a case in which an Ohio federal court found that, where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed.

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