News & Analysis as of

Boilerplate Language

Case Weighs Discovery on Proportional Requests and Specific Objections

by Zapproved LLC on

First American Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 15-638 (E.D. La. May 24, 2017). In this case involving breach of contract and tortious interference, the court partially granted and partially denied the...more

Banking & Financial Services - July 2017

by Burr & Forman on

What does a recent Georgia Supreme Court case mean for the viability of the state's confirmation statute? Atlanta Partner Erich Durlacher explores answers in this Alert. Please see full E-Note below for more information....more

Burr Alert: This Old Waiver? I’ve Had it for Years

by Burr & Forman on

The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC. In York, the Supreme Court affirmed the lower court’s application of last...more

More About “Boilerplate” Non-disclosure Agreements

A previous post described some general issues regarding Non-Disclosure Agreements. This post highlights a few additional key issues to watch out for when reviewing Non-Disclosure Agreements (“NDAs”). Residual Clauses...more

Eastern District of Texas Latest Court to Criticize "Subject To" Language in Discovery Objections

by Jones Day on

The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections. See Realpage, Inc. v. Enterprise Risk Control, LLC, No....more

Boilerplate – New Consideration in View of Patent Subject Matter

by Knobbe Martens on

Can boilerplate language describing possible variations to an invention ever impact validity of a patent? Many software patents include standard “boilerplate” text describing many ways to implement an invention, such as by...more

Commercial landlords: Time to tune up your indemnity provisions

by Thompson Coburn LLP on

The California Court of Appeal recently issued an opinion which reminds us to take another look at the “boilerplate” indemnity provisions in commercial leases. In Morlin Asset Management LP v. Murachanian (B259800), a...more

Where’s My %$^&# Dollar?

The issue of consideration in an assignment is always in the background, but only occasionally comes up. In Memorylink Corp. v. Motorola Solutions, Inc., 773 F.3d 1266, 113 USPQ2d 1088 (Fed. Cir. 2014), the Federal Circuit...more

Blog: What US GCs Should Know About Drafting International Arbitration Clauses

by Cooley LLP on

Preliminary Considerations - Consider likely nature of the dispute. Thinking about what may go wrong with a contract, can be as important as the planning to make it go right. Key issues such as where an arbitration...more

Drafting Indemnification Provisions to Address Common Issues

by PilieroMazza PLLC on

Corporate bylaws and operating agreements often contain provisions that provide for indemnification to directors, officers and in some cases employees and agents who become parties to litigation, arbitration or investigations...more

Long-term supply (and off-take) agreements: some recent themes

by Reed Smith on

This Client Alert seeks to highlight certain recurring issues and themes arising in the context of long-term commodity supply and off-take agreements. It draws upon the recent collective experience of our lawyers as well as...more

Class Actions Under New Jersey Warranty Law Threaten to Turn Terms-of-Service Boilerplate Into Big Potential Risks

by Kelley Drye & Warren LLP on

Do your Terms of Service preclude litigants from claiming consequential damages or attorneys’ fees? If new class action lawsuits in New Jersey are right, merely including these terms, and potentially many other disclaimers,...more

A Plea for a Charitable and Common-Sensical Claim Construction

All manner of boiler plate can be found in patent applications and issued patents, placed there by applicants and their counsel hoping to influence the future construction of their specification and claims, but the language...more

Alert: Technology Contracts and Boilerplate Language: Be Aware of the Pitfalls

by Pullman & Comley, LLC on

All contracts follow a similar pattern in their structure. They first contain an introduction (known as “Recitals”) that sets forth the purpose of the contract and the expectations of the parties in entering into the...more

Hold who harmless? Be careful in drafting indemnity provisions

by Thompson Coburn LLP on

In another example that there is no “boilerplate” in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered...more

White & Case ECB News – Issue 2, 2015: Understanding Your "Boilerplate"

by White & Case LLP on

Whilst most people associate boilerplates with mundane provisions in the back of award agreements and stock incentive plans, their importance to employers in providing security and flexibility when setting up plans should not...more

Draft Your Purchase and Sale Agreements Carefully — Integration and Indemnity Clauses are Not Simple “Boilerplate”

Almost all real estate purchase and sale agreements contain provisions relating to integration and indemnity. In the “boilerplate” worldview, these provisions are standard, generic, and basically all the same —...more

Court Holds Extrinsic Evidence Was Inadmissible

by Allen Matkins on

As generally understood, the parol evidence rule prohibits the introduction of extrinsic evidence to alter, vary or add to the terms of an integrated agreement. “Parol” is derived from the French word, “parole” meaning...more

Entire Agreement Clauses – do they work or not?

by Reed Smith on

This client alert is intended to provide a summary which considers the effectiveness and limitations of entire agreement clauses. It also includes some suggestions as to how one might seek to enhance their effects to cater...more

Minnesota Supreme Court Decides Best Value Bid Protest - Attorneys' Fees in AAA Arbitrations

by Stinson Leonard Street on

In a recent decision from the Missouri Court of Appeals, City of Chesterfield v. Frederick Constr. Inc., 2015 Mo. App. LEXIS 439 (Mo. Ct. App. Apr. 21, 2015), the court found that in the arbitration of a contract dispute...more

Arbitration Update: Clause For Concern: NSW Supreme Court Decisions a Reminder Against Boilerplate Dispute Resolutions Clauses

by DLA Piper on

Two recent decisions in Australia highlight the importance of adopting caution when using boilerplate dispute resolution clauses. The Supreme Court of New South Wales' decisions in Re Ikon Group Limited (No 2) [2015] NSWSC...more

D.C. Circuit Holds “Boilerplate” Forward-Looking Statements Are Not Entitled to PSLRA’s “Safe Harbor”

The U.S. Court of Appeals for the D.C. Circuit recently reversed the dismissal of a securities fraud class action against Harman International Industries Inc., holding that the “safe harbor” for forward looking statements did...more

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

by Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Hooli Needs New Lawyers on “Silicon Valley”

As is obvious from our many posts on the subject, we here at IP Legal Forum are big fans of the show “Silicon Valley.” That said, its season finale could have used more Jared Dunn (can we give him a spin-off already?), as...more

Forced Arbitration Pervades Contractual Agreements, Binding Consumers

Margaret Jane Radin, author of Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, is of the point of view that the American court system is “allowing contract to gobble up tort.” In other words, the 37-year...more

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