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Contracts

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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

Insight
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

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

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Drafting Arbitration Clauses in Construction Contracts

Insight
Patricia H. Thompson discusses the question: Should an arbitration clause be just a boilerplate provision, taken “off the shelf,” or should it be specifically negotiated and crafted for the particular construction project and to accommodate the parties’ requirements?

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Health Law: Is Your Arbitration Agreement Enforceable?

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A recent decision of the Arizona Court of Appeals provides guidance for evaluation of the enforceability of arbitration agreements in the health care field, reports Snell & Wilmer in its Health Law Checkup blog.

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Standard Contract Terms in the ‘Widgetal’ Age

Standard Contract Terms in the ‘Widgetal’ Age

Insight
A company that now uses an online portal or provides other electronic access to counterparties should update its trusty standard contract terms, advises Morgan Lewis.

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Analytics for Full Visibility Into Contract Management Processes

Analytics for Full Visibility Into Contract Management Processes

On-Demand
Conga has posted a complimentary webinar discussing the need of an organization to gain a clear understanding of contract data to attain maximum efficiency.

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How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?

Insight
In his Commonsense Construction Law blog, Stan Martin asks the question “How do additional insured obligations work with subcontract flow-down clauses.” And he answers it with one word: “They don’t.”

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Can Reworking a Saltwater Disposal Well Maintain a Lease?

Can Reworking a Saltwater Disposal Well Maintain a Lease?

Insight
Charles Sartain of Gray Reed & McGraw asks the question: Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well?

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Recent Developments on Sufficient Consideration for Employee Non-Compete Agreements

Insight
Like other contracts, non-compete and restrictive covenant agreements must be supported by adequate and sufficient consideration at the time of execution, according to a posting by Sheppard, Mullin, Richter & Hampton.

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Settlement Agreements: No ‘One Size Fits All’ Approach

Settlement Agreements: No ‘One Size Fits All’ Approach

Insight
Stephen Ravenscroft and Sarah Taylor of White & Case cite recent case law to discuss the importance of using clear wording when drawing up a settlement agreement.

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Who Should Be Smart About Smart Contracts?

Insight
Smart contracts are digitally signed promises, which are executed automatically by software code built on blockchain technology. But what are the features of smart contracts that make them more suitable to some sectors than others?

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Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Insight
It is critical that the parties consider and properly allocate the risk of such delays and the potential resulting costs in the contract documents, advises Robinson+Cole.

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Court: Arbitration Agreement Included In Product Manual Is Unenforceable

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A recent ruling in a federal count stated that a contractual term, like an arbitration clause, is binding only when the terms are reasonably conspicuous, rather than in a manner that de-emphasizes its provisions.

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If You Checked The Box, You’re Bound By The Contract

If You Checked The Box, You’re Bound By The Contract

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The moral of the story is to always read the contract before you sign, whether by signature or by checking the box, writes Pat Collins of Norris McLaughlin & Marcus.

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Contracting Strategies Can Help Navigate Changing Environments

Contracting Strategies Can Help Navigate Changing Environments

Insight
Regardless of the flavor of the technology being used, it can be very helpful to look to the contracting strategy that is required to meet the business objective, write Edward J. Hansen and Eric J. Pennesi of Morgan Lewis.

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When Construction Contracts Go Sideways in Bankruptcy

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When a contractor on a project files a bankruptcy case, the property owner and subcontractors have some serious decisions to make, writes Tracy Green in the California Construction Law Blog.

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Madden Remand Muddles Contract Law: SDNY Decision or Sign of National Trend?

Insight
Madden is the latest decision to look past the contractual agreement of the parties to apply state usury and other consumer protection requirements to consumer credit and collections activity, according to an article published by Paul Hastings LLP.

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When Is a Mixed Insurance Contract a Maritime Contract?

When Is a Mixed Insurance Contract a Maritime Contract?

Insight
Whether a mixed insurance contract (i.e., an insurance contract with maritime and non-maritime elements) permits the exercise of admiralty jurisdiction is a complicated question for parties and for the courts, according to a Montgomery McCracken Walker & Rhoads LLP alert.

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