Partnership and Similar Agreements - Douglas W. Lubic, Esq.
Ask anyone who has several years of experience in construction if they ever engaged in a handshake deal and the answer will be a resounding “yes.” For those unfamiliar with the term, a handshake deal is essentially a verbal...more
When business owners sign a lease for a new space, their key concerns are typically the rent amount, location and the disruption to business from moving. However, a lease is one of the most important contracts a business...more
In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a...more
Scott & Scott, LLP attorney, Brian Von hatten, suggests service providers consider a modular approach to client agreements....more
Court confirms that, in certain circumstances, a contract can be made in two jurisdictions.
On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc,  EWHC 2968 (Ch), the High Court of...more
In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more
On October 29, 2013, the Southern Poverty Law Center (SPLC) published a settlement agreement reached with the State of Alabama to end its challenge of HB 56, Alabama’s immigration law in exchange for a court order permanently...more
The California Supreme Court’s recent clarification of the fraud exception to the Parol Evidence Rule weakened the effect of contract integration clauses, and may mean lengthier, and more costly, litigation for businesses. ...more
A recent High Court decision, Proton Energy Group SA v Orlen Lietuva  EWHC 2872, serves as a timely reminder of the care parties must take when negotiating new deals so as not to become bound when they do not yet wish...more
“Words, once spoken, can never be recalled.”
This sage guidance from Wentworth Dillon applies with equal force in the world of instant text communication where emails, once sent, can never be withdrawn. Lawyers and...more
What do a church, comedy club and bingo parlor have in common? It turns out, construction. To be more specific, a lot of electrical work. It starts with the recent decision of the South Carolina Court of Appeals in Boykin...more
Text message: “Awesome.”
Is that any way to form a contract? In 2011, a Florida state court said it was.
It was as early as 1677 that the British Parliament passed the Statute of Frauds, which generally provided...more
In the recent case of American Express co. et. al. v. Italian Colors Restaurant et al., the US Supreme Court addressed the validity of a contractual waiver to class arbitration where the cost of individually arbitrating a...more
Storage space is a necessity for the owner of any physical commodity. Stockpiling in storage facilities permits greater flexibility and continuity of supply in the event of supply disruptions, increases...more
In this informational video, Douglas W. Lubic, Esq., of the law firm of Wilentz, Goldman & Spitzer describes Business Partnership and Similar Agreements.
Do you know what to do when you partner with someone in a business...more
Form contracts account for more than 80 percent of all agreements used to complete business transactions today. That percentage may be even higher when it comes to contracts in commercial real estate transactions such as the...more
In almost all corporate transactions, the first piece of written documentation the parties exchange and execute (after a non-disclosure agreement) is a letter of intent or term sheet (“LOI”), which is intended to summarize...more
On August 30, the California Court of Appeals for the Second Circuit held that a company was bound by the terms of an unexecuted agreement sent via email because it accepted the email offer through performance. DC Media...more
When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more
A contract is a fundamental basis of commerce. In fact, it’s really a cornerstone of modern society (for example, think of the so-called “social contract” and the “contract with America”). Without going into what every law...more
For background information on bullion trading, see the Q&A at the bottom of this alert.
Singapore’s growth as a global commodity trading hub continues, with recent developments affecting the city’s role in the precious...more
Several matters have recently arisen which are especially important for organizations that submit invoices or claims for funds from federal and/or state governments. As the current government fiscal year draws to a close,...more
On August 15, the U.S. Court of Appeals for the Tenth Circuit asked the Oklahoma Supreme Court to decide whether a written consumer contract for the sale of goods incorporates by reference a separate document entitled “Terms...more
In thinking about the article I would write for the September issue of Blueprint, my thoughts quickly turned to September’s Tour of Remodeled Homes and all of the great remodelers in the HBA....more
You can lose a great deal with the click of a send button, especially since the New York Supreme Court handed down a ruling affirming that an email salutation was sufficient to create a valid and binding offer to settle,...more