News and Events for Attorneys and Executives

Tag: Contracts

Disclaiming Reliance in Texas Requires Specificity

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The court endorsed provisions that disclaim reliance on any representations other than those explicitly made in the agreement, further clarifying its previous holdings on this issue.

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Key Terms in Negotiating a Statement of Work

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The importance of the terms in a state of work is sometimes overlooked by both business and legal teams because an SOW is commonly considered a business document rather than a legal document, writes Stephen F. Pinson in a Scott & Scott blog post.

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Federal Appeals Court Upholds $9.5 Million Judgment for Encompass Office Solutions

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The appellate court found that BlueCross BlueShield of Louisiana failed to properly reimburse Encompass Office Solutions for in-office medical procedures.

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How to Draft a Contract with Severability in Mind

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Whether a contract is severable or entire depends on the parties’ intention, as revealed in the language of the contract itself and the surrounding circumstances.

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Double Trouble: The Executory Effect of a Clerical Error

Double Trouble: The Executory Effect of a Clerical Error

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The case serves as a cautionary tale that even a simple clerical error may have unintended and prolonged consequences, warns David Li of Weil, Gotshal & Manges.

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Waiving Class-Wide Arbitrations in Contracts

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It is clear from recent Supreme Court decisions that class action arbitration waivers do not violate the law, according to a Faegre Baker Daniels website post.

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Key Considerations When Contracting Cloud

Key Considerations When Contracting Cloud

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It makes sense to check whether the key features are (or can be) described in a document and to refer to that description in the agreement, according to Baker McKenzie.

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Why Do I Want/Need a Waiver of Subrogation?

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Ira Meislik of Meislik & Meislik, writing in the firm’s Ruminations real estate law blog, examines the use of subrogation clauses in real estate leases in relation to insurance policies.

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What Should be in Every Construction Agreement

What Should be in Every Construction Agreement

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Parties to a construction project can have a better agreement by addressing six topics described in a post in The Lien Zone blog.

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Audit Provisions in Services Agreements

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In many cases, the customer is the auditing party and the service provider is the audited party, but there are situations where the roles will be reversed.

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What Did I Agree To? Importance of Reviewing Arbitration Provisions

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The case presented a conflict between the parties’ contractually-adopted arbitration rules and an individual party’s statutory rights under the FAA.

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Invalidating a Non-Compete Agreement

Invalidating a Non-Compete Agreement

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There are circumstances that allow a departing employee to challenge the legitimacy of a non-compete agreement, even if this type of contract meets all the legal requirements, writes Romy Jurado of Jurado & Farshchian.

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Key Terms for Provider Contracts

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A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes, advises Kim Stanger of Holland & Hart.

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An Anti-Reliance Clause Should Actually Disclaim Reliance on Extra-Contractual Representations

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Nothing is more fundamental to private equity deal practice than limiting the exposure of private equity sellers for post-closing claims, writes Glenn D. West for Weil, Gotshal & Manges LLP’s Global Private Equity Watch.

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Keeping Boilerplate Coupled to the Transaction: The Ongoing Struggles with ‘Wrap’ Arbitration Provisions

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The relevant hyperlink concerning arbitration was “neither spatially nor temporally coupled with the transaction,” the court found.

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Unambiguous Terms of Written Contract Trump Claims of Fraudulent Inducement

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A recent Texas Supreme Court opinion provided a definitive answer to the question of whether a party can ignore the written words of a contract that directly contradict what you are being told by your counterparty is the real deal.

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The Top Five Ways to Ruin Your Contracts

The Top Five Ways to Ruin Your Contracts

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Forbes contributor Jack Garson says a company’s contracts can be remendous assets that lock down rights to money, goods and services. But common mistakes can ruin all of that.

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CobbleStone Software Releases Contract Management Mastery Blog Series

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CobbleStone Softare, developer of contract management software, announced the “Mastering Contract Management Blog Series.”

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Arbitration Award ‘Irrational’ Because It Disregards Contract’s Plain-Text to Reach a Just Result

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The Ninth Circuit has ruled in a contract arbitration case that incorporated multiple Federal Acquisition Regulation clauses that govern the recovery of expenses in the event a contractor is terminated for convenience.

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Service Contract Sold Separately (Batteries Not Included)

Service Contract Sold Separately (Batteries Not Included)

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Companies should use a conservative approach when offering protection plans for products, advises Weil, Gotshal & Manges LLP in its Product Liability Monitor.

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