Contracts

InsightsMany business divorce practitioners are familiar with a phenomenon one might call ‘petitioner’s remorse’ – an often abrupt abandonment of one’s desire to dissolve a closely-held business entity when the opposing party unexpectedly declines to oppose or consents to dissolution.

InsightsHere is a useful reminder of some factors to take into account when drafting or seeking to enforce covenants to minimize the risk that they will be found to be unenforceable.

InsightsWhile each carrier’s standard agreement is different, these agreements have three core components.

InsightsWith 2020 quickly coming to an end after an unforgettable and unprecedented amount of events, we are ready to look at what changes we expect to take place in 2021.

InsightsThere are a number of steps a seller must take to protect its interests in consigned goods under the UCC.

InsightsA claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the contractor — was still available in plaintiff’s taxpayer action.

InsightsA frequent topic of dispute in litigation involving construction projects is whether a subcontractor is entitled to payment for work it performs outside its contractual scope of work—often referred to as ‘extra work’ or ‘change order work’—without obtaining a signed written change order to perform the work.

InsightsNow in its 29th week, the Barnes & Thornburg Wage & Hour Practice Group’s COVID-19 related workplace litigation tracker has now analyzed 605 complaints filed across the United States, in 12 different categories.

InsightsTo the extent that a service provider agreement, or a data processing addendum, already prohibits a service provider from ‘disclosing’ personal information for ‘any purpose’ other than what is specified in the agreement, and the agreement does not specify that the service provider can sell or share information for targeted advertising, it’s not clear that the agreement would need to be amended to specifically state that in addition to not disclosing personal information the service provider may not sell or share it (as selling or sharing would be a form of disclosure).

InsightsIn cases where the COVID-19 virus or government measures have interfered with commercial contracts, it is necessary to carefully analyze the state of affairs to determine the appropriate remedy.

InsightsMany people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final.

InsightsThe statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.

InsightsConsumers have come to expect — indeed, to welcome — automatically renewing contracts.

InsightsIn cases where the COVID-19 pandemic or government measures disrupt commercial contracts, it is necessary to carefully analyze the state of affairs to determine the appropriate remedy.

InsightsOne reason some businesses include an arbitration clause in their contracts is their belief that by removing a party’s right to sue and forcing that party to initiate costly arbitration, you will deter that party from pursuing claims against you.

InsightsA last will and testament must be the consequence of a person’s free will. Nevertheless, a person may execute a contract during life to include certain terms and/or beneficiaries in their will in exchange for goods or services.

InsightsMany races and initiatives that California voters considered on November 3 are still undecided, but Proposition 24, the California Privacy Rights Act of 2020 (the ‘CPRA’) isn’t one of them.

InsightsEventbrite wanted to send a lawsuit to arbitration, so it invoked the arbitration clause in its TOS. But did the plaintiffs assent to Eventbrite’s TOS? The court says no.