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‘We Have a Deal’ Email From Lawyer Creates a Binding Settlement

‘We Have a Deal’ Email From Lawyer Creates a Binding Settlement

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A U.S. magistrate judge in the Southern District of New York has ruled that the terms of a settlement negotiated via email can be enforced as a binding contract.

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11th Circuit: ‘Completed Work’ Exclusion Does Not Bar Claims for Work Under Maintenance Contract

11th Circuit: ‘Completed Work’ Exclusion Does Not Bar Claims for Work Under Maintenance Contract

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The 11th Circuit found that the unambiguous language of an insurer’s “Completed Work” exclusion did not bar coverage for injuries sustained by a motorist injured at a railroad crossing who later sued the insured, reports Hunton Williams.

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Insight on Waiving Contractual Right to Arbitration

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Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration, the firm reports on its website.

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AIA Releases 2017 Construction and Design Agreements

AIA Releases 2017 Construction and Design Agreements

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The American Institute of Architects has released several revised documents including the primary agreements between the owner and contractor and the owner and architect, reports Dickinson Wright PLLC.

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Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

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A recent decision of the New Jersey Appellate Division considered the enforceability of arbitration agreements by non-signatories, writes Marissa Tillem in Proskauer Rose’s Minding Your Business blog.

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M&A Indemnification Provisions: Are You Drafting Unenforceable Time Limits?

M&A Indemnification Provisions: Are You Drafting Unenforceable Time Limits?

Contracts
In a merger-and-acquisition transaction, the convention is for the seller to make representations and warranties to the buyer regarding the target business, according to an article posted by Womble Carlyle Sandridge & Rice.

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The Beneficiaries of ‘Pay-if-Paid’ Clauses in Construction Contracts

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In construction law, general contractors have largely negotiated a shift in the distribution of risk away from the general contractor and to the subcontractor with the inclusion of “pay-if-paid” contractual clauses,”according to Shutts & Bowen’s Construction Law Blog.

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Company Lawyers Automate Contracts to Ease Pain of Quote-to-Cash

Company Lawyers Automate Contracts to Ease Pain of Quote-to-Cash

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Diginomica reports that some company lawyers explained how they automate contracts to remove manual, paper-based logjams from the process.

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Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

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A construction contract will need to be reviewed thoroughly and revised to better protect the owner, and in the case of residential construction, should in particular, address 10 key issues, advises Rebecca W. Dow in Holland & Hart’s Construction Law Blog.

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Is ‘Class Arbitration’ an Oxymoron?

Is ‘Class Arbitration’ an Oxymoron?

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“Class arbitration” — the utilization of a class action mechanism in an arbitration proceeding — is considered by some to be the unicorn of ADR; desirable but elusive, writes Gilbert Samberg on Mintz Levin’s blog, ADR: Advice from the Trenches.

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How Policies Can Defeat a Breach of Contract Claim

How Policies Can Defeat a Breach of Contract Claim

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Employees often seek to use an employer’s handbook, code of conduct, or policies as the basis for a breach of contract claim, writes John J. Buckley in a blog on the site of Norris McLaughlin & Marcus.

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Negotiating Technology Contracts – Insurance Requirements

Negotiating Technology Contracts – Insurance Requirements

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Stephen F. Pinson of Scott & Scott LLP provides a list of insurance provisions that parties should include in technology contracts for the different types of claims scenarios between contracting parties.

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Using a TRO to Stop Legal Opponents in Their Tracks

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a TRO provides immediate relief from the court system when a party can show irreparable harm will be caused if someone is allowed to remain in control of assets that belong to the company, writes Mehendru P.C.

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Best Practices for Limiting Liability Arising from Smart Contract Vulnerabilities

Best Practices for Limiting Liability Arising from Smart Contract Vulnerabilities

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Jared Butcher, writing in the Steptoe Blockchain Blog, offers six best practices to consider when implementing a smart contract.

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Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

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Increased media attention on the practice of forcing lower-level employees to sign non-compete covenants, combined with the widely publicized report on non-compete restrictions issued by the Obama White House in its waning days, has led to an increase in the number of reported cases, writes Michael Elkon with Fisher Phillips.

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Reallocation Actions and Settlement Agreements: What Did We Settle?

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Frequently, a dispute cannot be fully resolved where non­parties to the dispute have contributed defense and indemnity amounts on behalf of one or more of the parties and have reserved the right to seek recovery of those amounts in subsequent litigation, writes Stacy L. La Scala.

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Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement

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Stephen F. Pinson of Scott & Scott LLP offers some suggested requirements when negotiating Software as a Service or Cloud Service agreement.

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Clear Arbitration Provision Deemed Enforceable

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In his Petes’ Take blog for Porzio, Bromberg & Newman, Peter J. Gallagher describes a New Jersey case in which a court ruled that a clear arbitration provision, negotiated by a sophisticated party while represented by counsel, is enforceable.

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The SEC Doesn’t Like Your Employment Agreements

The SEC Doesn’t Like Your Employment Agreements

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Companies should examine their employment agreements to ensure compliance with the SEC’s Rule 21F-17, writes Evan Gibbs for Above the Law.

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5th Circuit: Unpatented Products Can Be Given Patent-Like Protections by Contract

5th Circuit: Unpatented Products Can Be Given Patent-Like Protections by Contract

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The decision has significant and potentially far-reaching impacts for companies who seek to protect their product designs.

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