Commercial
Preparing for the CCPA: Reviewing and Updating Privacy Policies and Agreements for Compliance
Webinar, June 20, 2019
The CCPA of 2018 is the strictest privacy law in the United States and has national impact for anyone doing business in California.
Lease Agreements: Beware of the Lease Renewal Language
Insight
A recent appellate ruling points out that parties must be specific in negotiating renewal terms and what the rent to be paid during the renewal period will be.
Security Incident Mitigation Strategy: Effective Negotiation of Technology Contract Limitations of Liability
Insight
Vendors have become increasingly reluctant to provide unlimited liability to protect customers against harms caused by security incidents, according to BakerHostetler.
Federal Judge Orders Top Carnival Execs to Appear in Court
News
The world’s largest cruise company was put on probation for its 2016 conviction for environmental crimes on its Princess Cruises ships.
Walmart Hires Former Prosecutor for Ethics Job
News
The former assistant U.S. attorney prosecuted cases involving fraud, money laundering, extortion, export violations, worksite violations and human trafficking
Bayer Bets on ‘Silver Bullet’ Defense in Roundup Litigation; Experts See Hurdles
News
Bayer has a better shot if a business-friendly U.S. Supreme Court takes up the case, experts said.
Don’t Assume What a Court Will Assume About Your Contract
Insight
Eric D. Mulligan of Hudson Cook, LLP writes about a case that illustrates the importance of drafting a contract that will avoid questions of interpretation by making the terms clear and apparent from the face of the text.
Commercial Contracts in the USA
Insight
Greenberg Traurig offers a wide-ranging discussion of commercial contracts in a post on the Lexology website.
U.S. State AGs Looking into Expedia Group, Hotel Practices in Antitrust Probe
News
Court documents name the hotel chains Hyatt, Marriott, Caesars Entertainment Corp and Choice Hotels International Inc.
Judge Orders PG&E Directors to Visit Town Destroyed by Wildfire
News
The judge said he wanted the energy company executives to “see the gravity of what happened up there” and indicated he likely will join the tour.
Podcast: Omri-Ben-Shahar on Consumer Contracts and Not Reading the Fine Print
Podcast
Consumer contract experts Omri Ben-Shahar and Florencia Marotta-Wurgler discuss several types of consumer contracts, enforceability of terms, and the potential consequences of agreeing to these terms without reading the fine print.
Three Global Drafting Considerations for International Construction Contracts
Insight
U.S. contractors should proceed with caution when seeking to expand their footprint to an international stage, especially in developing countries.
Boeing Appoints Legal Czar to Oversee Fallout From Fatal 737 MAX Crashes
News
Statements indicate Boeing plans to take an aggressive stance in responding to civil allegations and any potential criminal accusations.
Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key
Insight
Entering into a clearly drafted lease agreement at the outset of the relationship helps to set expectations, which minimizes the possibility of disputes over how the lease should be interpreted, according to Ward and Smith.
Merger Agreement Termination Based on Plain Contract Language
Insight
The article expands on key takeways from the ruling, including the need for struct compliance with notice provisions, the lack of implied duty to warn a counterparty of its mistake, the discoverability of text messages, and enforceability of reverse termination fees.
The Importance of a Mediation Provision in Construction Contracts
Insight
A construction contract’s dispute resolution clause is a topic that frequently comes up during the drafting of an agreement, writes Mark A. Cobb of Cobb Law Group.
A Moral Compass—A Guide to Celebrity-Focused Morals Clauses
Insight
The parties should prepare agreements that not only clearly state what constitutes a violation, but also the remedies available to an aggrieved party.
Thompson & Knight Assists Frog Scooters with Launch in Chile and Portugal
News
The law firm of Thompson & Knight LLP has assisted Frog Scooters, Inc. with the launch of operations in Chile and Portugal.
Disclaiming Reliance in Texas Requires Specificity
Insight
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.
Key Terms in Negotiating a Statement of Work
Insight
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.