Tag: Contracts

InsightsWhat about unforeseeable governmental restrictions or even economic disasters—especially on a statewide, national or even global scale?

InsightsBusinesses have several available causes of action to claim when a competitor attempts to replicate the business’ appearance in advertising or its products.

InsightsThe Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time.

InsightsRemote work is here to stay. The shift from in-person office work to working from home has been dramatic, and the data and commentators suggest it may be permanent.

InsightsThe Equal Employment Opportunity Commission (EEOC) recently released updated guidance for both employers and employees addressing common questions related to COVID-19 and the federal employment laws.

InsightsBusiness disruptions caused by Covid-19 are providing fertile ground for contractual disputes and negotiations over how losses should be allocated. Kasowitz Benson Torres attorneys say courts may be increasingly willing to adjust contract obligations to avoid inequitable results and they offer tips for contract language.

InsightsMost LLC operating agreements contain a “buyout” provision allowing the LLC or its remaining members to buy the membership interest of a departing member.

InsightsWhat happens when you just include standard boilerplate language where both parties agree to indemnify each other for any negligence committed by the indemnifying party?

InsightsAs the world changes in unexpected ways, cybersecurity threats evolve and become more sophisticated. Cyberattackers have used the global pandemic to take advantage of individual and system vulnerabilities, giving rise to a dramatic increase in socially engineered phishing scams and ransomware.

InsightsVMH Moët Hennessy-Louis Vuitton SE was scheduled to acquire Tiffany & Co. no later than August 24th, 2020, but the merger came to a halt when LVMH failed to even apply for antitrust clearance.

InsightsBMG announced they will be rolling back at least some aspects of what’s called ‘controlled compositions’ clauses in (presumably) their record deals.

InsightsUnder new guidance from the Small Business Administration (SBA) certain PPP borrowers may be required to seek prior consent from the SBA for a change in ownership of equity or sale of assets.

InsightsCopyright law is found in more than in the copyright code. Courts interpret the code, along with rulings by other courts, and apply it to the circumstances.

InsightsIn all or almost all jurisdictions in the United States, a lender is required to provide a written notice of default to the borrower and guarantors, and to make a written demand for payment, before exercising any rights or remedies.

InsightsThe Second Circuit recently addressed this issue in declining to enforce browsewrap terms and conditions containing an arbitration agreement.

InsightsMuch has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s joint employment rule.

InsightsThe NH Supreme Court has enforced contract clauses waiving consequential damages and limiting liability.

InsightsThe likelihood that attorneys and their clients will contract the disease is high. This post looks at the ethical issues that arise in both scenarios.

InsightIn American Association of Motorcycle Injury Lawyers Inc. v. HP3 Law LLC et al., an Arizona-based legal trade association, which held trademark rights in the name ‘Law Tigers’, sued an Illinois law firm that was using the nickname ‘TigerLaw.’