News and Events for Attorneys and Executives

Tag: Contracts

‘Retaliatory Amendment’ of an LLC Operating Agreement

Insight
Author Kevin Brodehl discusses a recent opinion from the Supreme Court of New York that illustrates how the process of amending an LLC’s operating agreement can sometimes be used to gain the upper hand in a dispute between members.

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China Employment Contract FAQs

China Employment Contract FAQs

Insight
The end of the year brings an onslaught of China Employer Audits, and with those audits comes an onslaught of China employment law questions, writes Grace Yang in the Harris Bricken China Law Blog.

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Contract ‘Busts’: Trying to Decipher Provisions That Literally Make No Sense

Insight
In an ABA Journal column, Bryan Garner explores the curiosity of “busts”—the prevalence of contractual provisions, sometimes perpetuated in deal after deal, that make no literal sense at all.

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Supply Chain News: Getting Outsourcing Contracts Right

Insight
When contracting with outsourcing firms, there is often a lot of dissatisfaction with the outcomes, says Kate Vitasek, a consultant and University of Tennessee faculty member.

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Texas High Court Invokes the Discovery Rule

News
The Texas Supreme Court has held that the discovery rule delayed the running of the statute of limitations on behalf of the holder of a recorded right of first refusal to purchase mineral interests, reports the Energy & the Law blog of Gray Reed & McGraw.

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Solving the Mystery of Contracting By Hyperlink

Solving the Mystery of Contracting By Hyperlink

Insight
Courts are developing an increasingly consistent view of what is required to successfully incorporate contract terms by reference using hyperlinks, according to Troutman Sanders.

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Morgan Lewis: Royalty Refresh (Part 1)

Insight
The first in a series of posts on royalty calculation and payment from Morgan, Lewis & Bockius focuses on issues related to defining the relevant scope of royalty calculations in an agreement.

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Guidelines for GDPR Compliance in Third-Party Contracts

Guidelines for GDPR Compliance in Third-Party Contracts

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A company an take some steps to fulfill its obligations in contracts with third parties and mitigate risks regarding third parties’ data misuse under the GDPR.

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When are Unilateral Termination Rights in a Commercial Lease Enforceable?

When are Unilateral Termination Rights in a Commercial Lease Enforceable?

Insight
When drafting unilateral termination provisions that require minimal conditions to their being triggered, one should be cognizant that some condition or burden must be placed on the terminating party so as not to void the entire agreement.

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‘An’ Versus ‘Any’: When One Word Makes a Profound Difference in an Insurance Contract

Insight
The words “the,” “an” and “any” have been assigned significant importance in the case law, and are also at issue in cases examining other liability exclusions, according to Jones, Skelton & Hochuli.

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Contract Review Tips for Long-Term Care Facilities

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A long-term care facility can execute contracts with many different vendors including food product and service vendors, laundry and linen providers, IT companies, and others, points out a post from Poyner Spruill.

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Four Decisions Conclude Claims Outside Scope of Arbitration Agreement

Four Decisions Conclude Claims Outside Scope of Arbitration Agreement

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Arbitration Nation discusses four recent decisions in which courts have found the parties’ dispute over the scope of an arbitration clause is not covered by their agreement.

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Electronically Signed Email Exchange May Constitute Enforceable Real Estate Contract

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If you don’t want your emails to be binding contracts, don’t sign them, or better yet, don’t write them in the first place, warns a post in the Ohio Real Estate Law Blog of Kohrman, Jackson & Krantz.

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Best Practices in Commercial Real Estate: Commitment Letter

Best Practices in Commercial Real Estate: Commitment Letter

Insight
While a commitment letter in the real estate lending process fleshes out any issues or misunderstandings between the parties prior to the preparation of the ultimate loan documents, it is important to be aware of some potential pitfalls and issues that it can present.

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Court Reconsiders and Reverses Earlier Ruling Finding That Contractual Consent Cannot Be Revoked

News
TCPAland reports on a reversal of fortune: The Northern District of Alabama has officially been reconsidered and reversed itself on a contractual consent decision.

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Non-Compete Cautionary Tale

Insight
A recent post on Robinson+Cole’s Manufacturing Law Blog discusses a recent court decision that underscores the need for manufacturers to exercise caution when seeking to impose post-employment restrictions on key employees.

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Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek to Enforce Contracts

Insight
A post on the website of Pepper Hamilton describes a North Carolina case that involved non-signatories to a construction contract attempting to avoid the contract’s arbitration claim.

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Podcast: Dos and Don’ts for Drafting Severance Agreements

Podcast
In a new podcast, two shareholders in Ogletree, Deakins, Nash, Smoak & Stewart discuss a number of important considerations for employers to keep in mind when drafting a severance agreement.

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New York State Takes the Lead to Settle International Contract Disputes

New York State Takes the Lead to Settle International Contract Disputes

Insight
New York State has taken steps to smooth the often rough road for resolving international contract disputes, and parties are finding the new procedures comparatively easy to follow, according to post on the website of Daniel Kron.

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Trends in M&A Provisions: Indemnity Caps

Insight
M&A purchase agreements generally include indemnification provisions, pursuant to which any given party agrees to defend, hold harmless, and indemnify the other party or parties from specified claims or damages, according to a post on  the Goulston & Storrs website.

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