Tag: Contracts

Insightswithout intellectual property (IP) protection for your product, very few remedies are available.

InsightThe early stages of a legal dispute are often marked by the exchange of demand letters.

InsightsOne of the enduring paradoxes of ERISA litigation is the judicial standard of review of fiduciary decisions.

InsightsA recent Delaware decision suggests that we cannot be reminded too often of the importance of carefully modifying the standard no-third-party-beneficiary clause so that it … does not do more harm than good.

InsightsEven if the title is click-bait, this is not a trick question. There is one type of online privacy policy that is objectively worse than all of the others.

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When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront. The idea is relatively simple. Priority is how courts determine which creditors get paid first.

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In CHS/Community Health Systems, Inc. et al v. Steward Health Care System LLC, the Delaware Court of Chancery examined who was an intended third-party beneficiary of an indemnification provision in an Asset Purchase Agreement.

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Business owners in the U.S. are often faced with various legal problems that can be crippling to their business. One of the best ways for them to circumvent these legal problems is to identify potential problem areas early and prepare for them by having a trusted business lawyer.

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New Jersey’s Supreme Court approved as legally binding an arbitration agreement provided to employees electronically, concluding the arbitration agreement was effectively, clearly, and unambiguously communicated to the company’s employees.

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Indemnification provisions are an important part of the fine print of many contracts. These clauses generally operate to protect one party against the other party’s actions or failures to act that lead to a loss claimed by a third party.

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77 Charters, Inc. brought a suit against several defendants for a series of alleged ‘wrongful acts’ in connection with the management and sale of a shopping mall.

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As a long-standing antitrust attorney in Europe, making the decision to move from Madrid to San Diego a few years ago to practice law in the U.S. has been a life-changing experience.

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The National Labor Relations Board … has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements.

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The COVID virus has ushered in unprecedented and challenging times for our country and the global community.

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Nancy Kim writes about university liability waivers and how they seem to be very different from regular liability waivers.

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The enforceability of restrictive covenants often depends on which state’s law applies to the dispute.

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A court may not refuse to enforce contractual terms on the basis that the enforcement would, in its subjective view, be unfair, unreasonable or unduly harsh.

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In corporate democracy, the default system is voting, but shareholders are free to contract over their votes. In private companies, shareholders routinely do so, using shareholder agreements — contracts amongst the owners of a firm — to bargain directly over directorships and other rights of control.