Tag: Contracts

Dissecting Common Basic Arbitration Clauses – You Can Build a Better One

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All too often, parties to arbitration make agreements that leave the decisions on most of their options to others or to chance, warns Daniel Pascucci for Mintz Levin..

Considerations for Vendor Contracts

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As the number of vendors that businesses engage with rises, so does the need for a greater contractual understanding of vendor agreements among businesses, CIOs, IT departments, and general counsels alike, according to Foster Swift Collins & Smith.

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

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The case will be important for in-house and private transactional attorneys who draft contracts with transportation sector independent contractors, as well as litigators handling employee misclassification cases, according to Holland & Knight.

Negotiating a Data Processing Contract

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Watch out for services with terms longer than the other services in the agreement and ensure that any added services terminate at the same time as the master agreement, advises Fredrikson & Byron.

Add One Line in Employment Contracts to Reduce Exposure to Misclassification Liability

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A Kelley Drye blog post suggests the use of one simple sentence in employment contracts, handbooks and policies for salaried employees that would likely reduce exposure by approximately two-thirds in FLSA cases.

Tips for Raising Venture Capital: Commercial Contract Issues

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It is important to address the critical intellectual property rights issues that will allow the protection of an idea in the commercial market, warns DLA Piper partner Jeff Lehrer.

Strategies for Drafting and Negotiating Non-Disclosure Agreements

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To ensure that clients obtain the maximum benefit of non-disclosure agreements, lawyers should tailor the agreement to the information being shared and the risks attendant to the disclosure, writes Sean W. Fernandes for the ABA.

Re-Thinking Supply Chain Contracts in the World of Connected Things

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Many of the contract forms used to source raw materials or physical components may not be appropriate to use when sourcing software, writes Nicholas J. Ellis of Foley & Lardner.

Tackett Redux: Ordinary Principles of Contract Interpretation Mean No Inference of Vesting

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The ruling again rejected the Sixth Circuit’s inference from silence that CBAs vested retiree benefits for life, reports Proskauer Rose.

Landman Contract Defeated by the Statute of Frauds

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Gray Reed & McGraw’s Energy & the Law blog describes a contract case in which an oil and gas landman found out that the contract he signed with a purported agent for a client was unenforceable.

Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

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A appellate opinion provides some guidance with respect to the architect’s and engineer’s common law duty when processing pay applications, according to Clark Hill PLC.

How Blockchain Technology Is Transforming the Legal Industry

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A Bloomberg Law discusses the increased efficiency and uniformity blockchain can provide in contracting, its used in other legal documents, the skills and role of lawyers in blockchain, and the challenges ahead for the technology.

Detours on the Way to Your Contractually Selected Forum

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Global Private Equity Watch finds some good news for the careful transactional lawyer who drafts a bespoke forum clause in a contract.

Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause

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Pepper Hamilton LLP’s Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.

How AI Is Changing Contracts

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AI contracting tools may offer the most value to companies with large volumes of contracts by reducing time spent in review and drafting. But as the technology develops, it will one day be useful to all firms, writes Beverly Rich in the Harvard Business Review.