News and Events for Attorneys and Executives

Contracts

Agreed Damages or Unenforceable Penalties – Drafting to Affirm the Former and Avoid the Latter

Insight
Practitioners seeking to ensure that agreed damages provisions are enforceable should avoid limiting the items of loss for which the agreed damages are providing compensation and constitute a legitimate pre-estimation, advises Glenn West of Weil, Gotshal & Manges LLP.

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5 Contract Management Reports That Can Help You Become a More Strategic GC

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When businesses have large contract portfolios, tracking the contract lifecycle from initiation though award, compliance and renewal can become a burden without the proper reports, according to WoltersKluwer.

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Cloud Solutions: The Danger of ‘Floating’ Contracts

Cloud Solutions: The Danger of ‘Floating’ Contracts

Insight
Today, more and more agreements are comprised of some brief general terms and conditions that reference various online terms provided through URLs, which can change at any time, according to Mike Overly of Foley & Lardner.

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Imagining the Perfect Confidentiality Agreement

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Rather than chase perfection in drafting CDAs, NDAs and other secrecy agreements, the parties should focus on avoiding mistakes, writes Bryan K. Wheelock of Harness Dickey & Pierce.

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Republicans Introduce Bills to Scrap New Bank Arbitration Rule

News
The new Consumer Financial Protection Bureau rule would ban banks and other financial institutions from forcing arbitration clauses on customers to prevent them from bringing or joining class-action suits, reports The Los Angeles Times.

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Dot Your I’s, Cross Your T’s, and Place Your Commas

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Guiding principles regarding the use of commas and other writing conventions should be strongly considered when drafting contracts, for example, as including or excluding a comma in a particular contract provision may ultimately determine whether a company owes or is owed millions of dollars in a subsequent dispute, , points out Hyatt & Weber P.A.

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Should I Have an Arbitration Clause in My Construction Contract?

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Paul W. Norris of Stark & Stark writes there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or whether the state court system is preferred.

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My Smart Contract Just Ate $14 Million – Now What?

My Smart Contract Just Ate $14 Million – Now What?

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A digital currency exchange reported recently that a malfunction in a smart contract is responsible for a $14 million dollar loss of the cryptocurrency ether, reports Jared Butcher in the Steptoe Blockchain Blog.

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How Weak Are Employee Nondisclosure Agreements?

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Drafting and enforcing NDAs is an area rife with risks and traps, warns Gregory W. McClune of Foley & Lardner.

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Contract Tools: Live Demo on July 24

Event, July 24, 12 p.m. EDT
Paper Software will demonstrate its Contract Tools product, a powerful Word add-in for working with contracts, in a complimentary live webinar.

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Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract

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Baker McKenzie’s Global Arbitration News has posted an article discussing the difficult questions raised in both substantive and procedural law by indemnification clauses in share purchase agreements. 

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Legal Developments Encourage the Use of Smart Contracts in the United States

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An alert from Pillsbury Winthrop Shaw Pittman takes a look at some new laws in the United States that provide a clear indication that smart contracts will be impactful.

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What Would the Perfect Employee Agreement Look Like?

What Would the Perfect Employee Agreement Look Like?

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Bryan K. Wheelock of Harness Dickey has posted an item on the firm’s website contemplating what perfection might look like in regard to an employee agreement.

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Fiduciary Rule Creates Breach of Contract Claim, No Private Right of Action

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A private right of action cannot exist under the BIC exemption because the Supreme Court’s ruling in Sandoval only allows a private right of action to be created by Congress.

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Unsigned Contract = No Proper Insurance Coverage

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Commonsense Construction Law reports on a case in which an unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control.

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What Does Your Reservation Clause Mean?

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Two Locke Lord lawyers authored a discussion about a court decision that emphasizes the importance of properly phrasing a reservation clause, as to avoid inadvertently granting an interest in a mineral estate.

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Drafting and Negotiating IP & IT Provisions in M&A Transactions

Drafting and Negotiating IP & IT Provisions in M&A Transactions

Event, June 28, 2017, 1 p.m. EDT
Practical Law will present a free 75-minute webinar discussing IP and information technology considerations in drafting and negotiating M&A agreements.

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Are Employment Contracts the Real Stars of the NBA Draft?

Are Employment Contracts the Real Stars of the NBA Draft?

News
So-called “guaranteed contracts” protect most athletes in a way that most of us with employment contracts do not have, by guaranteeing their compensation even if an injury prevents them from playing, writes Dallas-based attorney Rogge Dunn, partner at Clouse Dunn.

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Webinar: Avoiding Construction Claims and Disputes

On-Demand
A Baker Tilly on-demand webinar provides an overview of strategies to identify potential claims scenarios and potential resolutions available to mitigate claims.

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Legal Aspects of Smart Contract Applications

Legal Aspects of Smart Contract Applications

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Perkins Coie has published a white paper that offers an initial analysis of the legal aspects of five prominent smart contract use cases.

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