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Contracts

Who Should Be Smart About Smart Contracts?

Insight
Smart contracts are digitally signed promises, which are executed automatically by software code built on blockchain technology. But what are the features of smart contracts that make them more suitable to some sectors than others?

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Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Insight
It is critical that the parties consider and properly allocate the risk of such delays and the potential resulting costs in the contract documents, advises Robinson+Cole.

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Court: Arbitration Agreement Included In Product Manual Is Unenforceable

Insight
A recent ruling in a federal count stated that a contractual term, like an arbitration clause, is binding only when the terms are reasonably conspicuous, rather than in a manner that de-emphasizes its provisions.

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If You Checked The Box, You’re Bound By The Contract

If You Checked The Box, You’re Bound By The Contract

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The moral of the story is to always read the contract before you sign, whether by signature or by checking the box, writes Pat Collins of Norris McLaughlin & Marcus.

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Contracting Strategies Can Help Navigate Changing Environments

Contracting Strategies Can Help Navigate Changing Environments

Insight
Regardless of the flavor of the technology being used, it can be very helpful to look to the contracting strategy that is required to meet the business objective, write Edward J. Hansen and Eric J. Pennesi of Morgan Lewis.

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When Construction Contracts Go Sideways in Bankruptcy

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When a contractor on a project files a bankruptcy case, the property owner and subcontractors have some serious decisions to make, writes Tracy Green in the California Construction Law Blog.

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Madden Remand Muddles Contract Law: SDNY Decision or Sign of National Trend?

Insight
Madden is the latest decision to look past the contractual agreement of the parties to apply state usury and other consumer protection requirements to consumer credit and collections activity, according to an article published by Paul Hastings LLP.

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When Is a Mixed Insurance Contract a Maritime Contract?

When Is a Mixed Insurance Contract a Maritime Contract?

Insight
Whether a mixed insurance contract (i.e., an insurance contract with maritime and non-maritime elements) permits the exercise of admiralty jurisdiction is a complicated question for parties and for the courts, according to a Montgomery McCracken Walker & Rhoads LLP alert.

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The Importance of Clear Contract Terms

Insight
Care in contract drafting is a valuable way to avoid disputes, writes Michael Wilson in Greensfelder, Hemker & Gale’s Construction Law Blog.

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Intellectual Property Liability Considerations for M&A Transactions

Intellectual Property Liability Considerations for M&A Transactions

Insight
Keli Johnson Swan of Scott & Scott LLP offers some insight on a few key considerations to negotiate during any corporate transaction.

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Is Your Noncompete Agreement Enforceable?

Is Your Noncompete Agreement Enforceable?

Insight
Laws in many jurisdictions generally support reasonable noncompete agreements in employment, but other regulations limit restrictions on separated employees, says , warns David B. Ritter of Barnes & Thornburg in an interview with SHRM Online.

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Writing ‘Subject To Contract’ May or May Not be a Contract

Insight
If a so-called agreement is truly preliminary, in the sense that it does not evidence a fully-baked deal, with agreement on all the essential terms, it really isn’t an agreement at all, writes Glenn West in Weil’s Global Private Equity Watch.

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The New Alt-Enabled View On Contracts and Diligence

The New Alt-Enabled View On Contracts and Diligence

Insight
Above the Law has started a multi-part series on contract management tools and services in the alt.legal world.

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The Future of Legal Work: CLM Tech Can Transform Legal With Self-Service

News
General counsel are expected to become innovators — or at a minimum not preventing innovation — by helping their colleagues and IT test new ideas and technology at a rapid pace, writes Lisa Spathis.

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8th Circuit: No Contracting Out of WARN Act Obligations Where Sale of Business is ‘Going Concern’

News
Companies considering purchasing a business should carefully consider the intent of the proposed transaction when assessing their WARN Act obligations, according to a post on the website of Winston & Strawn LLP.

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Top 10 Tips – Contractual Audits

Top 10 Tips – Contractual Audits

Insight
In a recent client alert, Reed Smith offers tips for dealing with audit provisions involving payment of a license fee or royalty.

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Six Red Flags to Look for in Any Contract

Insight
Barry Moltz, writing in Nextiva’s blog, warns that too many small business owners gloss over important terms in contracts they sign.

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Construction Contract Keystones, Part I: Payment Mechanisms

Insight
Much Shelist, P.C. has published an article reviewing the three most commonly used payment mechanisms in construction contracts and the benefits and drawbacks of each.

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Distinguishing Between Becoming a “Party” to a Contract and Merely Being an Assignee

Insight
Glenn West of Weil, Gotshal & Manges explores the case of ACI Worldwide Corp. v. Churchill Lane Associates, LLC, No.16-1736 (8th Cir. Jan. 27, 2017), which involved a licensing agreement between Nestor Inc. and ACI Worldwide Corp.

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Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Insight
Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts, warns David Heck for Proskauer Rose.

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