Counsel News and Events for Attorneys and Executives

Contracts

How to Write an Arbitration Clause for Offshore Outsourcing Deals

How to Write an Arbitration Clause for Offshore Outsourcing Deals

Insight
Incorporating an effective arbitration clause into international outsourcing contracts is critical, writes Stephanie Overby for CIO magazine.

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Freedom of Contract? An Agreed Damages Clause May Not Actually Be Agreed

Insight
The right of contracting parties to obligate themselves to one another has always been subject to certain statutory limitations, as well as those imposed by the common-law principles that govern the enforcement of contracts generally, writes Glenn West for Weil, Gotshal & Manges LLP.

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Circuit Split Widens Over Enforceability of Arbitration Agreements Containing Class/Collective Action Waivers

Insight
Polsinelli shareholder James C. Sullivan writes about how unsettled the law is on employer/employee arbitration provisions containing class/collective action waivers.

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Court Upholds Enforceability of ‘Clickwrap’ Employee Agreement

Court Upholds Enforceability of ‘Clickwrap’ Employee Agreement

Insight
If you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button, write Nikita A. Tuckett and Aaron Rubin on Morrison & Foerster LLP’s Socially Aware blog.

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White Paper: Electronic Signature Security & Trust

White Paper: Electronic Signature Security & Trust

Insight
It is important to make sure your electronic signature provider meets the highest security standards, according to a white paper from eSignLive. Security is at the core of a trusted digital experience between you, your employees and customers.

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Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank

Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank

Insight
A legal question to ask is what is the consideration – what does the volunteer get – in return for signing this broad agreement?

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Use Contract Management, Analytics to Accelerate Digital Transformation

Use Contract Management, Analytics to Accelerate Digital Transformation

On-Demand
SpringCM has posted a free on-demand webinar discussing contract lifecycle management, including the capabilities as well as the benefits of implementation.

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Case Study: How Brandwatch Uses A.I. to Speed Up Contract Review

Case Study: How Brandwatch Uses A.I. to Speed Up Contract Review

Insight
LawGeex has published a case study showing how social media company Brandwatch uses artificial intelligence to reduce costs and speed up the contract review process.

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The Buyer’s Guide to Contract Lifecycle Management Software

Insight
ContractWorks offers a free guide to selecting the appropriate contract lifecycle management software.

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The Contractual Complications of Pied Piper of HBO’s ‘Silicon Valley’

The Contractual Complications of Pied Piper of HBO’s ‘Silicon Valley’

Insight
In an article on the ContractRoom blog, Katie Cook describes all the complicated plot lines of HBO’s “Silicon Valley” in relation to contracts.

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Negotiating Software Contracts – Indemnification Section (Parts 2 & 3 of 3)

Insight
Stephen F. Pinson of Scott & Scott, LLP discusses questions that licensors and licensees should ask when negotiating an indemnification provision within a software contract.

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LawGeex Launches A.I. Contract Review for In-House Counsel

LawGeex Launches A.I. Contract Review for In-House Counsel

Insight
LawGeex has launched new A.I. Contract Review technology designed to read, review and understand contracts.

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Webcast: Introduction to Digital Transformation with Electronic Signatures

Webcast: Introduction to Digital Transformation with Electronic Signatures

Event, Sept. 21, 2 p.m. EDT
eSignLive by Vasco is sponsoring an online presentation providing an overview of the basic terminology, concepts, and laws related to electronic signatures and answer the most frequently asked questions on the topic.

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Reviewing Third-Party Vendor Service Contracts, a Seven-Part Guide

Reviewing Third-Party Vendor Service Contracts, a Seven-Part Guide

Insight
Vendor contracts come in many different shapes and sizes and may affect everything from back office processing, internet delivery systems, use of the “cloud” to the people watering the plants at the branch, writes Jerry Blanchard of Bryan Cave LLP.

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Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

Insight
The U.S. Court of Appeals for the Federal Circuit determined that a defendant’s breach of contract counterclaims were related to the plaintiff’s patent infringement claims and thus were exempt from compulsory arbitration under the supply agreement. reports Andrea Coronado for McDermott Will & Emery.

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After the Storm – Key Force Majeure Issues in Contracts

Insight
Many contractual provisions and some statutory provisions require a party that is claiming force majeure to notify the other parties to the contract of the event of force majeure, write Raedtha A. Vasquez and Edward Hart Bergin, partners in Jones Walker LLP.

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SEC Continues to Limit Language in Employment-Related Contracts

Insight
The SEC has rejected language in severance agreements requiring employees to waive rights to receive additional monetary recovery, particularly awards for providing information to government enforcement agencies, reports Ogletree, Deakins, Nash, Smoak & Stewart.

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Legal Experts Shocked by Fox’s $20 Million Settlement With Gretchen Carlson

News
Some of the experts LawNewz.com talked to said the case could open the door to more sexual harassment claims in the workplace, and some were surprised by the high dollar amount that 21st Century Fox agreed to pay.

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Continuing Bad Faith: Theory of Liability or Rule of Evidence?

Insight
When a bad faith lawsuit converts the quasi-fiduciary relationship with the policyholder into an adversarial one, how does a policyholder lawsuit affect the insurer’s duty of good faith? And, how does the insurer’s duty of good faith affect the lawsuit?

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For Businesses, Vendor Contracts Can Have Huge Cybersecurity Implications

For Businesses, Vendor Contracts Can Have Huge Cybersecurity Implications

Insight
Companies can be at risk and liable when dealing with vendors who have direct access to sort, store or transmit their data, a Dallas lawyer told the Dallas Business Journal.

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