Commercial
Boeing Has Friends in High Places, Thanks to Its 737 Crash Czar/General Counsel
News
When he was a federal appellate court judge, J. Michael Luttig brought on dozens of promising young clerks who are now spread throughout the judiciary and beyond,
Contractual Insurance Requirements: Traps for the Unwary
Insight
Lyndon Bittle of Carrington Coleman discusses “traps for the unwary” lurking in construction contract insurance requirements, focusing on the ubiquitous commercial general liability policy.
In Form Contracts, Don’t Silence Consumers with Gag Clauses: FTC’s Consumer Review Fairness Act
Insight
The FTC’s Consumer Review Fairness Act states that such gas clauses are illegal and void in form contracts.
More Idiosyncrasies of the Common Law of Contract You Need to Know
Insight
Simply reading the agreement and concluding that indefinite is the same as forever, or that there is not a built-in implied end date not otherwise stated, is not enoughm warns Glenn D. West of Weil, Gotshal & Manges.
Understanding Contractual Limitations on Liability
Insight
A post on the website of Best Best & Krieger discusses what contractual limitations on liability can mean for a business.
Web Scraping Decisions Consider Contract Cause of Action
Insight
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action against a commercial party that has scraped website content, according to a Proskauer post.
Survey: Business Practioners See Challenges From Increasing Demand, Tight Budgets, Compliance
Insight
The EY global survey finds that legal functions must change their operating models to maximize value from digital transformation.
Supply Chain Agreements: Structuring Key Provisions
Insight
Complex supply chains and the current political climate create an environment of uncertainty for some companies, explains a Foley & Lardner post.
Texas Adds New Statutory Requirements on Land Leases for Wind Farms
Insight
Future land leases in Texas for wind power facilities should include provisions to comply with the new statute’s requirements, advises Holland & Knight.
Don’t Assume That Closely Related Agreements Will Be Interpreted As One Contract
Insight
Even very closely related agreements still may be viewed as completely independent if there is a claim that only one of them has been breached, warns Burns & Levinson.
Dali Wireless Declares Victory Over Industry Giant CommScope in Patent Fight
News
Dali Wireless has prevailed over its much larger rival after a multiyear battle over both companies’ patents.
Protecting Privileged Pre-Merger Communications Through Contractual Provisions
Insight
Sell-side counsel are well advised to negotiate provisions akin to the retention clause, or privileged communications may fall into the hands of acquirors to be used in post-closing litigation against the sellers, advises Pepper Hamilton.
To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms
Insight
A post on the Vandeventer Black LLP website provides an overview of contract terms addressing indemnity and requirements to hold harmless or responsible for the defense of another.
Amazon is (So Far) Winning Its War Against Products Liability Exposure
News
Reuters reports that a federal appeals court has determined that Amazon is not liable for facilitating the sale of a defective product manufactured by another company.
Limiting Liability: Three Clauses to Consider in Construction Contracts
Insight
Gordon & Rees LLP’s Construction Law discusses three clauses to consider when writing construction contracts, with an eye to limiting liability and maximizing profits.
PG&E Ordered to Prove New Board is Fit to Serve
News
PG&E has seen a cascade of management-level changes following the deadly November 2018 Camp Fire that burned more than 18,000 buildings and ruined the town of Paradise, according to Courthouse News Service.
Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court
News
Tennessee’s Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in property policies.
Blockchain: Understanding Smart Contracts
Insight
Smart contracts still have a long way to reach maturity and overcome traditional text-based contracts, according to Hogan Lovells.
Ninth Circuit Enforces Online Arbitration Clause That Tested ‘Outer Limits’ of Reasonable Conspicuousness in Consumer Contract
Insight
The class action complaint in Holl alleged that UPS systematically overcharged its retail customers.
Thompson & Knight Attorneys Help Randa Accessories Acquire Haggar Clothing Co.
News
Thompson & Knight attorneys helped Randa Accessories acquire Dallas-based Haggar Clothing Co.
