News and Events for Attorneys and Executives

Contracts

How to Guarantee Bad Performance From Your Vendors

Insight
A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor, writes Matt Hafter for Thompson Coburn LLP. Then there’s the other kind of agreement.

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Defining Personal Information in Contracts

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The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition, points out David A. Zetoony of Bryan Cave.

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The 5 Most Overlooked Elements Of NDAs

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Tom Kulik of Dallas-based Scheef & Stone writes about a trend toward companies and counsel using rote reliance on forms for non-disclosure agreements without thinking through the implications.

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Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

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A post by Joshua M. Pellant of Faegre Baker Daniels discusses the use of  a provision for a stipulated or “liquidated” damage amount in the event of specified contract breaches in construction contracts.

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White Paper: Electronic Signature Security & Trust

White Paper: Electronic Signature Security & Trust

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eSignLive by Vasco has published a white paper discussing the importance of making sure electronic signature providers meet the highest security standards.

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Announcing LawGeex 4.0 – Contract Review Automation

Announcing LawGeex 4.0 – Contract Review Automation

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LawGeex combines machine learning algorithms and text analytics to quickly review and approve everyday contracts, helping businesses answer the question “Can I sign this?”

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The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

Insight
What specific steps should you take to set up your best defense to a claim that your company interfered with a new hire’s non-compete agreement with her current employer?

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Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

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A recent ruling clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing important guidance to companies about how to design enforceable mobile contracts, reports Coblentz Patch Duffy & Bass.

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Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!

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the Supreme Court of Virginia held that the parties’ use of the word “may” in the dispute resolution provisions of their construction contract required mandatory participation in arbitration at the election of one of the parties.

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Mother Nature Is Tough – How About Your Contracts?

Mother Nature Is Tough – How About Your Contracts?

Insight
What happens to supply contracts when a natural disaster floods entire cities, shuts down factories, cuts off warehouses, washes trucks off the road, and essentially brings an entire supply chain to a screeching halt?

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White Paper: User Authentication for E-Signature Transactions

White Paper: User Authentication for E-Signature Transactions

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eSignLive by Vasco has published a white paper that provides guidance on how to create a trusted digital transaction by implementing the right user identity authentication method.

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8 Signs You Need Contract Automation

8 Signs You Need Contract Automation

Insight
Conga offers some tips on making the decision whether to look into contract automation.

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Smart Contracts as Pre-Commitment Devices on a Blockchain

Smart Contracts as Pre-Commitment Devices on a Blockchain

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Max Gulker of the American Institute for Economic Research Gulker explains that pre-commitment strategies are useful in mitigating some types of fraud.

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Stays of Contract Award and Performance (Post-Award Protest Primer #6)

Stays of Contract Award and Performance (Post-Award Protest Primer #6)

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Daniel Chudd and James Tucker of Morrison Foerster continue their discussion of stays of contract award and performance with an examination of the issue during the pendency of a bid protest.

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No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

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California courts are often hostile toward defendants that seek to require litigious employees to honor their arbitration agreements, warns Michael Wahlander of Seyfarth Shaw.

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Stays of Contract Award and Performance

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An article in the Government Contracts Insights blog on the website of Morrison Foerster discusses stays of award and performance during the pendency of a bid protest.

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4 Key Takeaways: Consulting Agreements – Who Owns the IP?

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The Kilpartick Townsend article discusses four key takeaways: Consulting agreements make it possible for companies to own IP produced by consultants, work-for-hire clauses, conflicting obligations, and failure to protect trade secrets.

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What In-House Counsel Need To Know About Their Form Arbitration Clauses

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Because the arbitration clause in a commercial contract is so critical, careful review of that clause surely must be a component of an enterprise’s risk analysis, according to Mintz Levin’s ADR: Advice From the Trenches blog.

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Lost Profits: Direct or Indirect Damages?

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Any Dugan of King & Fisher Law Group writes about a case that addresses the issue of whether lost profits are recoverable and the need for clear-language drafting to avoid problems.

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Can Your Email Exchange Become A Binding Contract?

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What if an agreement in “writing” is an email exchange? Is that enforceable, and if so, then what suffices as the signature?

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