News and Events for Attorneys and Executives

Tag: CommercialLaw

New Decision Highlights (Again) the Importance of Defining ‘Commercially Reasonable Efforts’

Insight
If your client is going to contractually commit to using commercially rea­son­able ef­forts to do something — and if your client expects that obligation to require some­thing less than “all reasonable efforts” — then you’ll want to make that expectation clear in the contract itself, advises D.C. Toedt III in the On Contracts Blog.

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Duty of Good Faith, Tortious Interference, and Statutes of Limitation

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A ContractsProf Blog post shows just how nasty contractual parties may act towards each other in violation of the duty of good faith and fair dealing.

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Where Can I Sue You? Forum Selection vs. Choice of Law

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A post on the website of Meislik & Meislik discusses the differences between two contract provisions that sometimes are confused: forum selection and choice of law.

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Time to Reconsider No Poaching Agreements? Yes, Emphatically.

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Franchisors need to review their franchise agreements and take immediate action in response to the recent onslaught of legal action over “naked no-poaching” provisions in franchise agreements, according to a post in Franchise Law Update on the website of Fox Rothschild.

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Check Those ‘Choice of Law’ Provisions

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Choice of law” clauses in contracts are often overlooked in their potential importance, as the parties and counsel concentrate on the more immediate matter of the explicit commercial terms, according to Nexsen Pruet.

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Judge Guts FTC’s $4-Billion Lawsuit Against DirecTV

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The judge said there remain a number of problems with the FTC’s theories for relief and that the FTC “has an uphill climb.”

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10 Contract Issues to Consider When Implementing an ERP System

Insight
Morgan Lewis offers 10 framework issues to consider when in-house lawyers start thinking about how to support a business client that is looking to implement a new or replacement enterprise resource platform.

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Automatic Renewals of Consumer Contracts: Everything You Ever Wanted to Know But Were Afraid to Ask

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Automatic renewals of consumer contracts should be used with care, particularly in light of recent changes to state automatic renewal laws and increased scrutiny from government officials and class action lawyers, warns a recent post on the website of Drinker Biddle & Reath.

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Negotiating Commercial Contracts – Insurance Words of Wisdom

Negotiating Commercial Contracts – Insurance Words of Wisdom

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Many commercial contracts contain risk-transfer provisions, including indemnification and insurance requirements, according to SandRun Risk.

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Contracts: Are You Accepting an Offer or Not?

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A lack of precision in responding to an offer can lead to confusion as to whether or not a contract has been formed, warns an article published by Burns & Levinson.

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Eliminating the Surprise Factor from Construction Contracts: Tips for Owners and Developers

Eliminating the Surprise Factor from Construction Contracts: Tips for Owners and Developers

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On construction projects, owners and developers often are familiar with standard contract language and provisions, but the industry is continually evolving, according to a paper published by Zetlin & De Chiara LLP.

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Progress Payments: What to Do When the Money Stops Trickling In

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Faegre Baker Daniels says the contractor should look to its contract with the owner to find answers to two questions: Does the contract require the contractor to take a certain action? And, is payment”clearly due and owning?”

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‘Gross Up’ Provisions in Office Leases

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Contrary to a tenant’s natural reaction, the “gross up” of operating expenses in a multi-tenant office building is neither nefarious nor inappropriate, according to William Hof of Husch Blackwell.

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An Arbitrator’s Power May Be Greater Than That of a Judge

Insight
Although an arbitration agreement can be written (double-spaced) on one side of a cocktail napkin, in some cases it may grant greater authority to an arbitrator than a judge has, writes Narges Kakalia of Mintz Levin.

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Supreme Court Closes Sales Tax Loophole in E-Commerce

Supreme Court Closes Sales Tax Loophole in E-Commerce

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The decision was a victory for brick-and-mortar businesses that have long complained they are put at a disadvantage by having to charge sales taxes while many online competitors do not, according to The New York Times.

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Seventh Circuit Hands Win to Merchants in Data Breach Case

Seventh Circuit Hands Win to Merchants in Data Breach Case

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Data breaches inflict additional costs on financial institutions, leading those institutions to turn to litigation to recoup their losses from merchants, writes Ehren M. Fournier in a post on the website of Schoenberg Finkel Newman & Rosenberg LLC.

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Walmart Sues Its Former Head of Tax for Jumping to Amazon

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Walmart is trying to block Lisa Wadlin, Walmart’s senior VP and top tax executive, from taking the Amazon position until May 2020 and bar her from handing over “sensitive business information obtained at Walmart,” reports Bloomberg.

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Trump Brand Loses Trademark Licensing Dispute – Rules of Contract Law Prevail

Insight
When a dispute involves the Trump brand for residential buildings, the adjudication of rights and obligations under a trademark license agreement can become national news, according to a Dorsey blog post.

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Perkins Coie Announces Consumer Protection Review Blog

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Perkins Coie has launched Consumer Protection Review, a blog designed to help businesses that market and sell to consumers navigate federal and state legal issues.

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Federal Judge Scolds Slow-Moving BigLaw Lawyers

Federal Judge Scolds Slow-Moving BigLaw Lawyers

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A federal judge in New Jersey has criticized Samsung Electronics America and its lawyers at Squire Patton Boggs for alleged “poor judgment and a misunderstanding” of their obligations in litigation involving two would-be class actions, reports the ABA Journal.

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