Terms and Conditions

News & Analysis as of

Best Practices in Drafting U.S. Government Subcontract Terms and Conditions

Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition...more

Online Terms - What Works, What Doesn’t

The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In...more

Is There Any Escape From Your Contract?

Are you stuck in a contract with onerous provisions and desire to get out of it? Are you paying too much for an item or service and want to stop making such payments? If you answered yes to either of the preceding...more

CMS Issues Cost Savings Reforms to Medicare Regulatory Requirements

On May 12, 2014, CMS issued a final rule, reforming certain Medicare regulatory requirements and eliminating those identified as unnecessary, obsolete, or excessively burdensome. Many of the streamlined provisions relate to...more

New EU Consumer Contracts Legislation Comes Into Force on 13 June 2014: E-Commerce Businesses Should Review Terms and Conditions...

The new Directive No 2011/83/EU sets out a European framework for the minimum standards with which e-commerce businesses active in the EEA must comply when trading with consumers. The new laws apply to most distance selling...more

GM (Again) Revises Its Terms and Conditions, This Time in Response to Continued Supplier Concerns

In July 2013, GM rolled out major changes to its general terms and conditions for its contracts, imposing the most extensive changes for its suppliers in several decades. On this blog, we covered the changes and extensively...more

So Now, Finally, You Can Communicate And Transact With Customers Electronically! An Insurer’s Guide To The Uniform Electronic...

The changes to electronic communication introduced into the Insurance Contracts Act 1984 (“ICA”) by the Insurance Contracts Amendment Act 2013 (“ICAA”) mean that insurers are now able to take advantage of the provisions of...more

Lights, Camera …Action on Your Website Documents

Terms and conditions of use and data privacy policies on websites, applications and other online and mobile services (aka “digital services”) are the subject of much discussion and debate among lawyers and lawmakers and in...more

E-Commerce: Consider the Enhanced Consumer Protection Clauses

The directive 2011/83/EU of 25 October 2011 relating to consumer rights (the "Directive") is to be implemented as of December 13, 2013 by Member States in national European jurisdictions, including French jurisdiction, and...more

OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July...more

Your Face is for Sale! The 4 Most Interesting Things About the Proposed Update to Facebook’s Governing Documents

If you use Facebook (and you likely do, if only to play some game that apparently involves crushing large amounts of candy), then you received an email last week informing you that Facebook is proposing changes to its Data...more

Tenth Circuit Asks Oklahoma Supreme Court To Decide Application Of Internet Based Terms To Written Contract

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

Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited...

The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four...more

Vote farmers plow under Taylor Swift contests

Early in her career, Taylor Swift was a spokesperson for one of our clients. I drafted the official rules for several contests that were used for her concerts and appearances at the client’s sponsored events. (I am secretly...more

Beware the Mandatory SAM Engagement

Scott & Scott, LLP attorney, Christopher Barnett, says companies contemplating new or renewal volume-licensing agreements with Microsoft need to carefully review those documents with counsel before signing anything. New terms...more

General Motors New Terms and Conditions Effective July 15, 2013

General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing....more

Primer on Contract Interpretation (Part 2)

As mentioned in Part 1, the Alberta Court of Appeal (in Bhasin v. Hrynew) has provided some helpful guidelines to assist with basic contract interpretation....more

Terms and Conditions May Apply

The criminal defence lawyers have their TV shows and movies. What about those humble lawyers who draft online agreements and terms of use all day long? It’s not every day that this kind of legal fine print gets time on the...more

Employee Who Changed Word Secretly in Severance Agreement Allowed to Proceed With Discrimination Claim

The situation is a common one. - Employer terminates the employment of an employee. - Employer provides a severance agreement with its signature already affixed....more

Primer on Contract Interpretation (Part 1)

Intellectual property (IP) contracts in Alberta are interpreted just as any contract would be. The same basic rules of interpretation apply, whether it is an IP assignment or transfer, a software license, a complex techology...more

Supreme Court Rules Even “Good, Bad, or Ugly” Arbitrators’ Decisions Must Stand

This morning, in a unanimous decision, the Supreme Court of the United States refused to overturn, under section 10(a)(4) of the Federal Arbitration Act (FAA), an arbitrator’s decision that a contract authorized class...more

Delaware Supreme Court Confirms Liability for Failure to Negotiate in Good Faith

On appeal from the Delaware Court of Chancery, the Delaware Supreme Court, in SIGA Technologies, Inc. v. PharmAthene, Inc., recently held that an agreement to negotiate in good faith in accordance with a term sheet is an...more

Proper Use of Letters of Intent

The parties to purchase or lease transactions involving long term care facilities frequently sign letters of intent as a preliminary step in completing the transaction. Drafted carefully, letters of intent enhance the...more

Paris Energy Series No. 8: Beware of the Boilerplate – The Risks of Standard-form Clauses in Common and Civil Law Jurisdictions

1. Introduction - When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the...more

What You Need to Know About ISO’s New Additional Insured Endorsements

We all like “free,” right? Free samples at Costco. Jamba Juice’s buy one, get one free deals. Free wi-fi at your neighborhood Starbucks. And, if you’re in the construction industry, free insurance coverage when you’re...more

41 Results
|
View per page
Page: of 2