News and Events for Attorneys and Executives

Contracts

Is Non-Compete in Purchase/Sale of Family-Owned Business Enforceable?

Insight
Michael P. Connolly discusses the case of E.T. Products, LLC v. D.E. Miller Holdings, Inc., in which the United States Court of Appeals for the Seventh Circuit recently addressed the enforceability of non-compete agreements that had been negotiated in connection with a sale of a business.

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Governing Law and Jurisdiction or Forum Clauses Same Country/Different Country? How to Decide

Governing Law and Jurisdiction or Forum Clauses Same Country/Different Country? How to Decide

Insight
Contract drafters sometimes confuse governing law clauses and jurisdiction clauses, according to a post on the website of Wilk Auslander.

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How Forced Arbitration and Non-Disclosure Agreements Can Perpetuate Hostile Work Environments

Insight
It is possible for state lawmakers to crack down on corporate abuse of arbitration and non-disclosure agreements, but the prospects do not seem good, writes Michelle Chen for The Nation.

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A Twist in Oil Patch Arbitration

Insight
Charles Sartain of Gray Reed discusses a recent case in which parties to the sale of a business sent their dispute to accountants to arbitrate.

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Fixed-Price Contracts Are Simple – Or Are They?

Fixed-Price Contracts Are Simple – Or Are They?

Insight
Marion T. Hack of Pepper Hamilton examines the definition of fixed-price contracts and cases in which the audit provision in the contract has been unsuccessfully used to assert claims for reimbursement and False Claims Act liability.

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Be Careful When Using Liquidated Damages with Your Non-Compete Clause

Insight
While a liquidated damages provision is not a silver bullet, if properly drafted, such a clause can be a significant deterrent to an employee who might otherwise decide to test the bounds of a non-compete, writes Shep Davidson.

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Is It Time for People to Breach Their NDAs and Speak Truth to Power?

Is It Time for People to Breach Their NDAs and Speak Truth to Power?

Insight
Elie Mystal, writing for Above the Law, discusses some top factors to remember when dealing with a sexual predator who has signed you to a non-disclosure agreement.

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What Does Ransomware Cost Companies?

What Does Ransomware Cost Companies?

Insight
Quantifying what ransomware costs companies can impact contract drafting and negotiation. Eric Begun of King & Fisher writes that a recent 10-Q filing provides insight.

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Year-End Reality Check: The Path to Efficiency

Year-End Reality Check: The Path to Efficiency

Insight
Lightning-fast automation, policy enforcement, and true oversight will help you get the most out of end-of-quarter initiatives without taking on unnecessary risk, Conga says in a new eBook that is available for downloading.

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Are Smart Contracts Smart Enough for the Insurance Industry?

Insight
In an article in the Pillsbury Policyholder Pulse blog, Kimberly Buffington and Cara Adams discuss the question: Will insurance policies become the laboratory to test the thesis behind smart contracts?

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Six Tips for Drafting Better Statements of Work

Insight
If a statement of work fails to adequately describe the deliverables and the services to be rendered, projects can fail, cost can overrun results and project schedules can be delayed, writes Michael R. Overly of Foley & Lardner LLP.

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Not So Fast: Limits of ‘Settlement Negotiation’ Protections

Not So Fast: Limits of ‘Settlement Negotiation’ Protections

Insight
It’s far too simplistic to suggest that anything your company considers to be a “settlement negotiation” is going to be kept out of court, warns Joseph A. Schouten of Ward and Smith, P.A

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Segway Competitor Rolls Away from Former CEO’s Attempt to Force Arbitration

News
A former CEO presented a signed employment agreement that required arbitration, but the company contested whether it had agreed to the written contract.

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Enforce Arbitration Agreement or Waive Right to Arbitrate Trade Secret Misappropriation Claims

Enforce Arbitration Agreement or Waive Right to Arbitrate Trade Secret Misappropriation Claims

Insight
A recent federal court ruling on arbitration offers three key lessons for plaintiff-employers, according to a post on the website of Orrick, Herrington & Sutcliffe.

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Keys to Negotiating Indemnity Agreements

Insight
It’s imperative that your company’s risk management and legal departments strategically manage indemnification and insurance obligations to minimize the always increasing cost-of-business demands, writes Buldas of Pietragallo Gordon Alfano Bosick & Raspanti L.L.P. in Pittsburgh.

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3 Practical Business Contract Tips From Travelzoo GC Rachel Barnett

3 Practical Business Contract Tips From Travelzoo GC Rachel Barnett

Insight
In an article on Above the Law’s website, Rachel Barnett discusses three of the most important clauses readers can learn from her book.

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How to Build a Solid Contractual Risk-Transfer Program

How to Build a Solid Contractual Risk-Transfer Program

Insight
Without a properly structured risk-transfer program, a general contracto, owner or property manager could assume financial responsibility unnecessarily for losses caused by a third party, warns Tommy Williams, USI Uniondale vice president.

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Creating Defensible Employment Agreements Before an Employee’s First Day

Creating Defensible Employment Agreements Before an Employee’s First Day

Insight
Significant tools in the arsenal of strategies are contracts signed by the employee, but waiting until the employee departs is too late to start thinking about them, points out Spiwe L. Jefferson in an article for the ACC.

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Key Provisions for Supply Chain Contracts

Insight
By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the same time maximizing the value of its supply chain, according to a Foley & Lardner post on its website.

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Three Legal Pitfalls to Avoid in Blockchain Smart Contracts

Insight
While the use of smart contracts is tempting, this silver bullet of efficiency and lower costs doesn’t come without potential problems, warns Gregg M. Jacobson of Chamberlain Hrdlicka.

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