News and Events for Attorneys and Executives

Contracts

Mineral Interests: Executive Right Holder Liable for Refusing to Lease

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The article in the Energy & the Law blog explains that the case presented an opportunity for the court to apply the guidelines outlined in an earlier ruling to a different scenario: whether the executive breached the duty by refusing to lease.

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Disclaiming Reliance in Texas Requires Specificity

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The court endorsed provisions that disclaim reliance on any representations other than those explicitly made in the agreement, further clarifying its previous holdings on this issue.

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Key Terms in Negotiating a Statement of Work

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The importance of the terms in a state of work is sometimes overlooked by both business and legal teams because an SOW is commonly considered a business document rather than a legal document, writes Stephen F. Pinson in a Scott & Scott blog post.

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Federal Appeals Court Upholds $9.5 Million Judgment for Encompass Office Solutions

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The appellate court found that BlueCross BlueShield of Louisiana failed to properly reimburse Encompass Office Solutions for in-office medical procedures.

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How to Draft a Contract with Severability in Mind

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Whether a contract is severable or entire depends on the parties’ intention, as revealed in the language of the contract itself and the surrounding circumstances.

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Technology Service Provider Contracts with Banks

Technology Service Provider Contracts with Banks

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The FDIC suggested that undefined and unclear contract terms in these areas contribute to uncertainty around bank rights and vendor responsibilities.

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Double Trouble: The Executory Effect of a Clerical Error

Double Trouble: The Executory Effect of a Clerical Error

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The case serves as a cautionary tale that even a simple clerical error may have unintended and prolonged consequences, warns David Li of Weil, Gotshal & Manges.

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When Union Contracts And Overtime Law Conflict: Court Provides Balance For Employers

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The case involved an offshore oil worker whose contract called for 12-hour shifts for a week and required him to be on the off platform between shifts.

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Waiving Class-Wide Arbitrations in Contracts

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It is clear from recent Supreme Court decisions that class action arbitration waivers do not violate the law, according to a Faegre Baker Daniels website post.

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Key Considerations When Contracting Cloud

Key Considerations When Contracting Cloud

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It makes sense to check whether the key features are (or can be) described in a document and to refer to that description in the agreement, according to Baker McKenzie.

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Mineral Interests: Net Royalty Acres Defined

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Mineral buyers often make offers in terms of dollars per net royalty acre. If the recipient of the offer does not know for sure what she owns, it can be difficult to evaluate the offer, according to Graves, Dougherty, Hearon & Moody.

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Why Do I Want/Need a Waiver of Subrogation?

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Ira Meislik of Meislik & Meislik, writing in the firm’s Ruminations real estate law blog, examines the use of subrogation clauses in real estate leases in relation to insurance policies.

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What Should be in Every Construction Agreement

What Should be in Every Construction Agreement

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Parties to a construction project can have a better agreement by addressing six topics described in a post in The Lien Zone blog.

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Audit Provisions in Services Agreements

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In many cases, the customer is the auditing party and the service provider is the audited party, but there are situations where the roles will be reversed.

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What Did I Agree To? Importance of Reviewing Arbitration Provisions

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The case presented a conflict between the parties’ contractually-adopted arbitration rules and an individual party’s statutory rights under the FAA.

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Invalidating a Non-Compete Agreement

Invalidating a Non-Compete Agreement

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There are circumstances that allow a departing employee to challenge the legitimacy of a non-compete agreement, even if this type of contract meets all the legal requirements, writes Romy Jurado of Jurado & Farshchian.

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Key Terms for Provider Contracts

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A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes, advises Kim Stanger of Holland & Hart.

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An Anti-Reliance Clause Should Actually Disclaim Reliance on Extra-Contractual Representations

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Nothing is more fundamental to private equity deal practice than limiting the exposure of private equity sellers for post-closing claims, writes Glenn D. West for Weil, Gotshal & Manges LLP’s Global Private Equity Watch.

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Keeping Boilerplate Coupled to the Transaction: The Ongoing Struggles with ‘Wrap’ Arbitration Provisions

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The relevant hyperlink concerning arbitration was “neither spatially nor temporally coupled with the transaction,” the court found.

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Unambiguous Terms of Written Contract Trump Claims of Fraudulent Inducement

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A recent Texas Supreme Court opinion provided a definitive answer to the question of whether a party can ignore the written words of a contract that directly contradict what you are being told by your counterparty is the real deal.

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