Law School Toolbox Podcast Episode 527: Listen and Learn -- Excuses for Non-Performance of a Contract
Ways Organizations Can Pursue Legal Collections
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
Episode 20 | Reading the Fine Print: Making Your Terms and Conditions Match Your Business Goals and Risks
The Impact of War on Commercial Contracts and the Global Supply Chain
Law School Toolbox Podcast Episode 267: Listen and Learn -- UCC 2-207 ("The Battle of the Forms")
Williams Mullen's COVID-19 Comeback Plan: Streamlining Your Commercial Contract Negotiations
Bar Exam Toolbox Podcast Episode 98: Listen and Learn -- The "Battle of the Forms" under UCC 2-207
Bar Exam Toolbox Podcast Episode 71: Tackling an MEE Contracts Essay Question
The Benefits of Commercial Item Contracting
The High Court has given a useful reminder of how stringent the test for implying a term into a contract is. On the facts, a promise that a yacht was seaworthy meant exactly that, even if the underlying fault started earlier....more
Over the past decade, and especially in the years leading up to 2025, Australian businesses have increasingly turned to Alternative Dispute Resolution (ADR) to resolve commercial disagreements. What used to be seen as an...more
Last month, the Pentagon announced it would be “Transforming the Defense Acquisition System into the Warfighting Acquisition System to Accelerate Fielding of Urgently Needed Capabilities to Our Warriors.” The proclamation...more
In complex commercial agreements, parties are often required to use a specified level of “effort” when performing their obligations. But what distinguishes “best efforts,” “commercially reasonable efforts” or “good faith...more
A recent Israeli Supreme Court ruling mirrors the trend in Israeli contract law rulings of returning to the basic tenets of certainty, formalism and the autonomy of the contracting parties, particularly in commercial...more
My last article advised small business owners about the risks of agreements that contain unfavorable venue provisions. This one focuses on the consequences of overlooking arbitration clauses....more
On November 10, 2025, the Secretary of War released three memoranda and an acquisition reform strategy directing systemic reform across the defense acquisition landscape. The overarching theme of these reform initiatives is...more
In 2025, contract negotiations unfold over oat milk coffees and digital channels where informal conversations often intermingle with serious commercial discussions. ...more
During a speech before key players in the defense industrial base on Friday, November 7, Secretary Hegseth announced plans for a sweeping transformation of the Defense Acquisition System, redesignating it as the Warfighting...more
In Westfield v Harworth, the Court of Appeal affirmed well-known principles of contractual interpretation. A holiday park with a Zone of Interest - The dispute arose out of a deferred consideration clause in an...more
The Court of Appeal has overturned the Commercial Court’s decision in Orion Shipping v Great Asia Maritime [2025] , clarifying that where a seller fails to use due or reasonable diligence to deliver a vessel by the cancelling...more
Now may be the ideal time to prepare your business for a sale, even if market conditions or internal circumstances don’t yet seem aligned. Doing the groundwork early opens up more strategic options, positions you to act...more
The High Court has recently handed down a further interesting decision in relation to the “service out” jurisdictional gateways in CPR 6.33(2B). In Campeau v Gottex Real Estate Fund I (OE) Waste S.À R.L [2025], the Court...more
Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we're exploring the situations in which a party to a contract is claiming that their contractual obligations should be...more
The recent Court of Appeal decision in Kulkarni v. Gwent Holdings Ltd and Another confirms that repudiatory breaches may be remediable, and that the court will take a practical rather than a technical approach when...more
General Motors recently started introducing a new clause in its purchase orders that results in a significant change in the supply relationship and may go unnoticed by its suppliers. The clause is titled “Program Extension...more
The English Court of Appeal has delivered a useful reminder of the limited formalities required to create a binding contract under English law....more
If review of a contract indicates an undesirable allocation of tariff costs, consider whether there is even an obligation to purchase or supply under the agreement....more
A new Texas law that took effect September 1 expands the jurisdiction of the state’s business courts to include certain trade secret claims. The change is expected to result in faster and more efficient resolution of...more
The Texas Comptroller of Public Accounts recently upheld an assessment of additional sales tax on construction services performed between 2014 and 2017. [(Tex. Comptroller of Pub. Accts., Decision No. 118,954, June 10, 2025)]...more
In addition to reviewing your commercial contracts for how new or increased tariff costs are allocated, another key area to evaluate is whether either party has the right to terminate the contract. If one party gets upside...more
I have feverishly been reporting about provisions of the One Big Beautiful Bill Act and have left my multi-part series on Subchapter S adrift at sea. Accordingly, I want to sneak in one more article in this Subchapter S...more
Conditions precedent are critical provisions in commercial contracts that require specific events or actions to occur before contractual obligations become enforceable. These conditions serve as legal triggers, ensuring that...more
The strength of your supply chain isn’t just in the partners you choose – it’s in the records, oversight, and accountability that prove your program works. This webinar explores how effective documentation and visibility...more
In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals....more