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Commercial Contracts Corporate Counsel

Morrison & Foerster LLP

Drafters Beware: Key 2023 English High Court Cases That May Affect Your Commercial Contracts in 2024 and Beyond…

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Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more

Stikeman Elliott LLP

Thumbs-Up Emoji Conveys Acceptance of Commercial Contract, Saskatchewan Court Rules, as Plaintiff Gets the Last LOL

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In South West Terminal Ltd. v. Achter Land & Cattle Ltd., 2023 SKKB 116, the King’s Bench for Saskatchewan (the “Court”) ruled that a “thumbs-up” emoji can convey acceptance of a contract. The ruling, which has garnered...more

Womble Bond Dickinson

[Event] Best Practices for Lease Reviews and Negotiations – Items to Consider Before Your Company Signs That Lease - July 26th,...

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This event is only open to in-house counsel. Join ACC Baltimore and Womble Bond Dickinson for a luncheon presentation focusing on commercial office lease provisions/clauses that require close attention to limit restrictions...more

Benesch

Protecting Your Business in a Digital World: Top 10 Questions for Internal Teams and Stakeholders

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The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,...more

Furia Rubel Communications, Inc.

ESG: How Supply Chain Contracts Affect Human Rights

In this episode of On Record PR, Gina Rubel goes on record with Sarah Dadush and Olivia Windham Stewart, leaders of the Business and Human Rights Law Program at Rutgers Law School in New Jersey. They discuss environmental,...more

Lowenstein Sandler LLP

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

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In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the...more

Bowditch & Dewey

[Webinar] New Contracts: Pandemic Impact on Contract and Transaction Due Diligence - October 27th, 3:00 pm - 4:00 pm ET

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During times of economic turbulence and commercial uncertainty, your business team and corporate counsel are well advised to undertake a more deliberate and thorough due diligence process when entering into contract and...more

Cozen O'Connor

COVID-Driven Commercial Litigation – What Businesses Can Expect

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As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal...more

Fisher Phillips

SCOTUS Sets High Bar For Those Bringing Race Discrimination Cases

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In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation....more

Vinson & Elkins LLP

Routes To Relief On Both Sides Of The Atlantic – Frustration And Force Majeure Under US And English Law

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COVID-19 presents a unique and, for most parties, unprecedented challenge – a pandemic that has resulted in a global public health crisis and significant restrictions on global trade and labor, the repercussions of which...more

Pillsbury Winthrop Shaw Pittman LLP

Coronavirus and Force Majeure in English Law

- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely that a low demand for LNG in...more

Bennett Jones LLP

Supreme Court Enforces Arbitration Clauses for Business Customers in Consumer Class Action

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Business customers that agreed to arbitrate disputes cannot “piggyback” their claims onto a consumer class action in court, the Supreme Court of Canada has ruled....more

Foley & Lardner LLP

India Modernizes its Arbitration System: U.S. Companies Should Consider Arbitration Clauses in Indian Commercial Contracts

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The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal. India ranks near the...more

Miller Canfield

Michigan Supreme Court Makes Commercial Non-Compete Agreements Easier to Enforce

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It is now a lot easier to enforce commercial noncompete agreements in Michigan. In its recent decision in Innovation Ventures v. Liquid Manufacturing, a unanimous Michigan Supreme Court holds that commercial noncompete...more

Fish & Richardson

Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation

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There is a widespread belief that arbitration is unequivocally a better, faster, and cheaper alternative to litigation. According to some advocates, the advantages of arbitration include (1) saving money by streamlining...more

Dickinson Wright

Michigan Supreme Court Holds That the Federal “Rule of Reason” Applies in Evaluating the Enforceability of Noncompete Agreements...

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The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more

A&O Shearman

Brexit: Key Issues for General Counsel

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On June 23rd, the UK electorate voted to leave the European Union in an advisory referendum. We expect the UK Government to commence negotiations to withdraw and to establish a framework for the UK’s new relationship with the...more

Goulston & Storrs PC

Texts that Bind: Text Messages May Form Binding Real Property Contract

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Last month, in St. John’s Holdings, LLC v. Two Electronics, LLC (No. 16 MISC 000090 (RBF)), a Massachusetts Land Court judge held that text messages exchanged between two real estate brokers may be sufficient to constitute...more

Proskauer - New Media & Technology

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

K&L Gates LLP

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

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The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

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