Tag: Contracts
The Importance of Clear Contract Terms
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Care in contract drafting is a valuable way to avoid disputes, writes Michael Wilson in Greensfelder, Hemker & Gale’s Construction Law Blog.
Intellectual Property Liability Considerations for M&A Transactions

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Keli Johnson Swan of Scott & Scott LLP offers some insight on a few key considerations to negotiate during any corporate transaction.
Is Your Noncompete Agreement Enforceable?

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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.
Writing ‘Subject To Contract’ May or May Not be a Contract
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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.
The New Alt-Enabled View On Contracts and Diligence

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Above the Law has started a multi-part series on contract management tools and services in the alt.legal world.
The Future of Legal Work: CLM Tech Can Transform Legal With Self-Service
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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.
Top 10 Tips – Contractual Audits

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In a recent client alert, Reed Smith offers tips for dealing with audit provisions involving payment of a license fee or royalty.
Six Red Flags to Look for in Any Contract
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Barry Moltz, writing in Nextiva’s blog, warns that too many small business owners gloss over important terms in contracts they sign.
Construction Contract Keystones, Part I: Payment Mechanisms
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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.
Distinguishing Between Becoming a “Party” to a Contract and Merely Being an Assignee
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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.
Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

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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.
Contract Terms: When the Fine Print Isn’t So Fine

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While some contract disputes can be settled easily, others erupt once bankruptcy enters the picture, writes Jennifer McKevitt for Supply Chain Dive.
Are Non-Compete Agreements Right for Your Construction Company?
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Contractors have several reasons to require that their high-level employees (e.g., C-Level) enter non-compete agreements, explains Peter C. Vilmos of Burr Forman.
JPMorgan Software Does in Seconds What Took Lawyers 360,000 Hours
News
A new JPMorgan Chase & Co. a learning machine is parsing financial deals that once kept legal teams busy for thousands of hours, according to a Bloomberg report.
On-Demand: Getting Global in Your View of Contracts

On-Demand
Determine says the on-demand webinar discusses what impacts the coming year will have, including how best-in-class companies use contract management to prepare for the increased volatility of an ever-changing global business environment.
Contract Management at Manufacturing Companies
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Contract Logix says the study involved 550 contract management professionals across multiple segments of the manufacturing industry.
Blockchain Smart Contracts: Law Firms Are Adopting Technology
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Smart Contracts are technical in nature and hence will require lawyers who are professionally qualified and at the same time with the technical expertise to understand the code within the contract and figure out how they can work together, reports Eastern Daily News.
Built-In Contract Remedies: Avoiding the Unenforceable Penalty
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Under California law, a provision of a contract found to impose a penalty is unenforceable as a forfeiture and contrary to public policy, explains Giselle Roohparvar of Miller Starr Regalia.
Settlement Agreements: Who Should Sign?

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It’s best to err on the side of over qualification of a corporate employee representative to sign a settlement agreement to ensure it will be enforceable, advises Robert S. Luft in the JAMS ADR blog.
Who Pays for Delay? How Enforceable is a No Damage for Delay Clause?
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Delays are an all too common occurrence on construction projects. And they almost always cost money, points out Eugene Polyak on the website of Smith, Currie & Hancock LLP. So who pays for the increased costs caused by delays?