Contract Drafting

The Cyberlock Decision: District Court Rules That Non-Specific Teaming Agreements Are Unenforceable

by Keir Bancroft, Marina Burton Blickley, James Y. Boland, Rebecca Pearson | Venable LLP on 5/15/2013

Government contractors will want to review their teaming agreements following the recent decision in Cyberlock Consulting, Inc. v. Info. Experts, Inc.. In Cyberlock, the U.S. District Court for the Eastern District of...more

Revisiting "Force Majeure" for Nonprofit Meetings and Events

by George Constantine, Janice M. Ryan, Jeffrey S. Tenenbaum | Venable LLP on 5/15/2013

In this presentation: - Excuse of Contract Performance Due to Supervening Events: Legal Framework - Common Law - Impracticability - Frustration of Purpose - Contract Clause - Force Majeure in...more

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/14/2013

Despite opposition and Blue Cross Blue Shield of North Carolina’s claim that it “has not used ‘most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

North American Grain: key differences between standard forms (2)

by Rebecca Archer, Kyri Evagora, Diane Galloway, Lisa Mason, Vassia Payiataki | Reed Smith on 5/10/2013

This client alert is the second of a two-part series relating to the use of the standard form contract published by the North American Grain Export Association (NAEGA)....more

Determining the Scope of “Additional Insured” Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By...

by Roberta Anderson | K&L Gates LLP on 5/9/2013

It is common among parties to sophisticated construction projects, service agreements, leases, and many other types of projects and transactions, to assess the risks associated with their contractual activities and allocate...more

In North Carolina, Will There Be “Freedom to Negotiate Health Care Rates”?

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/9/2013

Despite opposition and the claim from BlueCross BlueShield of North Carolina that it “has not used ’most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

Dealership Update, No. 2, May 2013: Did The Local DUI Lawyer Draft Your Pay Plans?

by Tillman Coffey | Fisher & Phillips LLP on 5/9/2013

Of course not. We just wanted to get your attention. The real question is when was the last time you reviewed your pay plans to make sure that they accurately reflected your current pay practices and policies, and...more

Telecommunications Regulatory Update – April 2013: Baker & McKenzie

by Patrick Fair, James Halliday, Anne Petterd, Penny Ward | Baker & McKenzie Australia on 5/8/2013

ACMA warns about getting CISs right - The ACMA has formally warned Activ8me and Sure Telecom about failing to make available critical information summaries (CISs) in breach of the Telecommunications Consumer...more

Issues Arising in Commodity Inventory Finance

by Philip Antcliffe, Claude Brown | Reed Smith on 5/3/2013

Introduction - The knock-on effects of the global economic crisis have influenced the financing of the commodities trading industry. Changes in the regulatory landscape in Europe and the United States have likewise...more

Construction Contracts – No Longer Take It or Leave It

by Conrad Lazo | Fowler White Boggs P.A. on 5/1/2013

Construction has returned to Florida! In the first four months of 2013, I have reviewed and drafted more construction and design contracts than I have in total during the last four years combined....more

Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

by James McKeown | Foley & Lardner LLP on 4/29/2013

An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly...more

When a Restriction on Soliciting "Prospective" Customers Is Unreasonable (and How to Fix It)

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/26/2013

One of the most common drafting errors in non-solicitation covenants - clauses that limit customers to whom competitive services may be offered - is the reach to whom it applies. In concept, the idea of a customer...more

The NEC3 Engineering and Construction Contract: A Comparative Analysis – Part 1

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 4/25/2013

The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract, used on a variety of projects...more

Navigating Commercial Lease Assignment Provisions: Tenants Beware

by Frank Cerza, Cristina Meng | Pepper Hamilton LLP on 4/23/2013

Landlords use lease assignment provisions to maintain control over the quality, composition, and financial capability of their tenants. However, assignment provisions can have a chilling effect on a corporate tenant’s...more

In-House Counsel Need to Think Like a Litigator When Drafting Contracts

by Shep Davidson | Burns & Levinson LLP on 4/23/2013

Memorializing an agreement in a written contract serves two primary purposes. First and foremost, a written contract should clearly set out the deal terms so that there is little or no chance of a misunderstanding as to what...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Ten Tips for Negotiating a Stock Purchase Agreement

by The R. Bernard Law Group on 4/22/2013

A stock purchase agreement is the main transaction document for a stock acquisition. It governs the transfer of title and sale of shares of a corporation’s stock to the purchaser. The document sets forth the critical details...more

Information Security Implications for Business Agreements

by Robert Parr, Armand Zottola | Venable LLP on 4/18/2013

On February 12, 2013, President Obama signed an Executive Order (“Order”) that outlined a voluntary cybersecurity framework (“Framework”) designed to help protect the nation’s critical infrastructure, which is generally...more

Business Litigation Report -- April 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/15/2013

In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...more

Customizing an International Arbitration Clause: Strategies for Success

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/12/2013

There is no question that international commercial arbitration is becoming, more and more, a preferred method of resolving large scale international business disputes. In crafting clauses that could lead to such arbitrations,...more

The 1956 Model Form JOA Does Not Apply To Future Leases

by Jonathan Nowlin, Charles Sartain | Looper Reed & McGraw, P.C. on 4/11/2013

I learned to drive on an old, black, stick-shift, straight-six, no-radio, no-A/C automobile manufactured the year after the AAPL’s first Form 610 - Model Form Operating Agreement was created. The ’57 Chevy is now considered...more

Flying Solo: How it Helps My Construction Clients

by Christopher G. Hill on 4/10/2013

Christopher Hill, LEED AP discusses how being a solo construction attorney helps his contractor and subcontractor clients with the flexibility and responsiveness that a smaller law firm can give....more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

by Kenneth L. Burgess | Poyner Spruill LLP on 4/9/2013

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

Practice Tip: Don't Call Your Liquidated Damages Clause a "Penalty" In the Contract

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/3/2013

Readers of this blog know that I am an advocate of using liquidated damages clauses in non-compete agreements. Though not for every situation, they can help avoid the knotty problem of proving lost profits damages through...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters