Contracts
Another Reason Not to Use Fixed Price Buy-Sell Agreements
Insight
Fixed price buy-sell agreements in theory offer two main advantages over pricing mechanisms that utilize formulas or appraisals at the time of the trigger event.
Negotiating a Labor Contract: Finding the Style that Suits You
Insight
In labor contract negotiations, should you be low key? Should you yell and pound the table?
Webinar: Focusing on the Business Processes of Contract Management
Webinar, Jan. 31, 2019, 1 p.m. ET
Above the Law and Concord will present a complimentary webinar titled “The Process of Negotiating: Focusing on the Business Processes of Contract Management for Successful Negotiation.”
Register for ACC Xchange 2019 Mid-Year Meeting for Legal Executives
Event, April 28-30, 2019
ACC has arranged for four curricula addresses in the areas of contracts, leadership, legal operations, and litigation.
Supreme Court Hands Rare Win for Workers in Arbitration Case
News
Under the nearly 100-year-old Federal Arbitration Act, which is generally presumed to favor employers, thousands of truck drivers who are employed as independent contractors cannot be forced into private arbitration.
Arbitration Agreements: Tips for Enforceability
Insight
Steven P. Gallagher of Akerman LLP offers some tips on what to do — and not do — when arbitration agreements for new hires.
A Quick ‘Yes’ Can Create a Binding Contract, Even If There Has Not Been Agreement on All Terms
Insight
An exchange of emails can form a binding settlement agreement, even if the parties have not agreed to all of the terms of that settlement.
Texas Case Offers Three Lessons for Contract Drafters
Insight
The Texas Supreme Court recently heard oral argument on the interpretation of a farmout agreement providing that an assignment could not be made “without the express written consent,” according to a post on the website of Porter Hedges.
Kavanaugh’s First Opinion Rejects Vague Exception Limiting Enforcement of Arbitration Agreements
Insight
The latest U.S. Supreme Court ruling on arbitration agreements will shed no light on the broader question of whether an arbitration agreement governs a particular dispute.
Can You Be Forced to Sign This Contract Modification?
Insight
If the contractor did not sign off on the required contract modifications, the Postal Service’s email threatened contract termination.
General Counsel Named in Corruption Probe Subpoenas Resigns
News
Emily McNeeley was placed on unpaid leave in April after corruption investigators repeatedly named her, and her boss in subpoenas served on the county.
Syngenta MDL Judge Tears Up Lawyers’ Contingency Contracts in $500 Million Fee Ruling
News
A U.S. district judge has set aside individual contingency fee contracts that some plaintiffs’ lawyers had in place for clients in a multidistrict litigation, according to a Reuters report.
When a Promise Isn’t Enough – Crafting Proper Employee Patent Assignments
Insight
Unless employee patent assignments are drafted with care, manufacturers will find themselves in the unenviable position of not owning patent rights to their employees’ work, warns Foley & Lardner.
Enforcing a Non-Compete Agreement? One Size Does Not Fit All
Insight
There is no one-size-fits-all non-compete agreement, and the enforceability of a non-compete agreement turns upon the state law under which it is construed, points out a blog post from Knobbe Martens.
A Guide to Outsourcing Contractual Relations
Insight
The guide covers contract forms, due diligence, duration and renewal, supplier selection, service specifications, charging methods, warranties and indemnities, and ending the agreement.
Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract
News
An Ohio appellate court has addressed an issue that arose when an arbitrator specified in a contract is no longer available.
Jordan, Lynch & Cancienne Wins Take-Nothing Decisions in Texas, Louisiana
News
Trial lawyers with Jordan, Lynch & Cancienne PLLC scored big defense wins recently for two separate clients, securing a quick summary judgment for The Dow Chemical Company in Texas and prevailing in a jury trial for Union Carbide Corporation in New Orleans.
Fifth Circuit Reminds Buyers to Beware of Buying ‘Deemed Rejected’ Contracts
Insight
Squire Patton Boggs warns that a recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation to examine a debtor’s assets.
Court Rules Law Firm’s Arbitration Provision Unconscionable
Insight
In the case, a litigator who had been employed at Winston & Strawn sued the firm, asserting claims of discrimination, retaliation and wrongful termination.
Drafting Big, Complex Statements of Work
Insight
The most effective statements of work will focus on the outcome – on specifications for the technology to be built or run – and minimize restrictions on how, writes David W. Tollen.
