News & Analysis as of

Contract Amendments

Ward and Smith, P.A.

Recent Case Law Does Not Doom All Rental Restriction Amendments

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The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association....more

Fisher Phillips

This One Simple Change to Your HR Vendor Contracts Can Help You Avoid Additional CCPA Burdens

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For employers, complying with the California Consumer Privacy Act (CCPA) can be quite burdensome. So if you can identify a simple way to reduce your obligations under this law, you should typically jump at the opportunity....more

Lathrop GPM

Ohio Federal Court Denies Franchisor’s Motion for Summary Judgment on Area Representatives’ Claims in Renewal Dispute

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A federal court in Ohio recently denied in part a franchisor’s motion for summary judgment related to a dispute over the renewal of two area representative agreements. KAM Dev., LLC v. Marco’s Franchising, LLC, 2023 WL...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Members are Busy as Crossover Approaches

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Legislators considered dozens of policy bills this week in advance of the May 4 crossover deadline (the date by which policy bills must pass one chamber to remain eligible)....more

A&O Shearman

Financial regulatory news – Italy

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The second issue of our newsletter focuses on some recent developments that have affected different areas of the EU and Italian regulatory framework over the last few months. ...more

A&O Shearman

Out with the old, in with the new: amending contracts under English law

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Have you amended a contract recently? Read on. You might have wanted to vary the terms of an existing contract. But a court will look at what parties have said and done to determine objectively what their intent was. If the...more

BCLP

Delay to Luxembourg-UK treaty changes - impact on UK real estate

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Unexpectedly, it is likely the changes to the Luxembourg-UK double tax treaty will not be effective until 2024 at the earliest. Where that is the case, some Luxembourg investors in UK property rich entities will have another...more

BCLP

Time’s up to renew your EU data transfer clauses! Here are some tips for ‘re-papering’

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With the 27 December 2022 deadline for updating data transfer contracts with the EU SCCs fast approaching, this alert mines European Commission guidance, as well as the team’s experience, and offers some tips for successful...more

Foley & Lardner LLP

Inflation Woes: Four Key Ways for Companies to Address Inflation in the Supply Chain

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The U.S. economy is grappling with the highest inflation in decades, with extensive inflation in the supply chain affecting companies worldwide. Supply chain disruptions undoubtedly have contributed to rising inflation, as...more

Benesch

Reminder: New Standard Contractual Clauses Took Effect on Sept. 27

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Contracts entered into prior to Sept. 27 will need to be amended to adopt the new standard contractual clauses by Dec. 27, 2022. As of Sept. 27, entities entering new contracts that are subject to the General Data...more

Morgan Lewis - Tech & Sourcing

Practical Tips for Amending Complex Commercial Contracts

Changes to complex commercial contracts are inevitable. These contracts, such as large outsourcing agreements, typically include a master services agreement (MSA) and a high number of exhibits and attachments describing the...more

Whitman Legal Solutions, LLC

Schedules, Exhibits, and Addenda–How They Differ and Pitfalls to Avoid

Real estate leases, purchase contracts, and contracts frequently include “codas” or “finales,” such as exhibits, schedules, and addenda, attached at the back. Just as it’s vital that musicians follow the composer’s...more

Nutter McClennen & Fish LLP

Comcast Prevails in Dispute over Interpretation of Commercial Lease

Maynard Industrial Properties Associates Trust (MIPA), a commercial landlord, sued Comcast of Massachusetts III, Inc. (Comcast). The dispute focused on the amount Comcast would owe under an extension of the amended lease....more

Sullivan & Worcester

Meeting the Challenges Covid-19 Poses for Trade Finance Transactions: Key Issues to Consider When Making Amendments and Waivers

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This article is the second in a series looking at how to address some of the issues affecting trade finance documentation and transactions in the current climate. The first article in this series analysed some of the...more

Holland & Knight LLP

Tax Considerations for Amending Commercial Leases Under Section 467 of the Code

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The coronavirus (COVID-19) health crisis and associated economic downturn is expected to have a significant impact on commercial real estate lessees, as their ability to attract in-person customers and otherwise generate...more

Akin Gump Strauss Hauer & Feld LLP

Maintaining Your Lease When There’s Nowhere to Send Your Oil

- Industry analysts are forecasting that the surplus of oil produced over oil needed may soon exceed available storage. Producers that were already reducing production due to low prices are now feeling pressure to completely...more

BakerHostetler

COVID-19 – Commercial Contracts: Risk Allocation in Times of Uncertainty

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In addition to memorializing the economics and financial benefits gained by parties from a given contractual arrangement, commercial contracts commonly allocate known and unknown risks between business parties....more

Morgan Lewis - ML Benefits

IRS: Show Me the Signatures for Qualified Plan Documents

Tax laws have long required that qualified retirement plans timely adopt written plan documents and amendments. But what evidence must a plan sponsor provide to an IRS auditor to prove that they have timely adopted a written...more

Dentons

Making Changes to Your Rules and Regulations in a Manufactured Housing Community

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Landlords who want to make changes to the rules and regulations in their manufactured housing communities need to be aware of the notice rules in Iowa Code § 562B.19. General Notice Period for Rule Changes - Generally...more

Harris Beach PLLC

New York Board of Regents Approves Part 121 Regulations Required by Education Law § 2-d

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January 14, 2020, the Board of Regents formally adopted Part 121 to the Commissioner’s Regulations to implement Education Law § 2-d. The regulation will become effective January 29, 2020. This regulation primarily addresses...more

BCLP

Want to Protect Your Trade Secrets? Update Your Employment Agreements!

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Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets.  In addition to injunctive...more

Dechert LLP

SEC Staff Issues Statement on LIBOR Transition; Practical Considerations for Investment Companies, Investment Advisers and Other...

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The staffs of the Securities and Exchange Commission’s Division of Corporation Finance, Division of Investment Management (IM Division), Division of Trading and Markets, and Office of Chief Accountant (collectively, Staff) on...more

Foley & Lardner LLP

NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers to Sign After Commencement of Class Action Lawsuit

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As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years. Last week, on August 21, 2019, the National...more

Womble Bond Dickinson

Do Your Vendor Contracts Comply with CCPA?

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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Whitman Legal Solutions, LLC

Unfinished Music and “Unfinished” Contracts

How Parties Can “Finish” an Unfinished Contract - The easiest way to “finish” an incomplete contract is when the parties agree how the contract is to be completed. There are three main ways parties might do this:...more

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