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Contract Drafting

Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

Blake, Cassels & Graydon LLP

L’influence des tribunaux sur les contrats : Survol de décisions récentes rendues par des cours d’appel et la Cour suprême

La jurisprudence canadienne récente influe sur l’approche que devraient adopter les rédacteurs de textes juridiques au moment de formuler des clauses contractuelles. Des décisions clés, notamment de la Cour suprême du Canada...more

ArentFox Schiff

Don’t Take Your Forum Selection Clause for Granted

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It seems like every few months I hear about a situation where a company can’t enforce a forum selection clause as anticipated because of how it was drafted. Recently, an individual named Sidharth Lakhani fell victim to this...more

Freeman Law

Is it Really Over? Contract Provisions that Survive Termination and Why.

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Just like many relationships, not all parts of a contract become things of the past when they expire or terminate. One way to ensure that a contractual right or duty applies post-termination is to specify that will it...more

Goodwin

Crafting a Competitive LOI in Lower Middle Market M&A

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In the lower middle market — typically deals between $10 million and $100 million — the letter of intent (LOI) serves as a pivotal document that sets the tone for the transaction, shapes the seller’s expectations, and...more

Pillsbury - Global Sourcing Practice

Legal Definitions of AI: Considerations and Common Threads

By now, we all know what AI is. Some of us use ChatGPT as our search engine, confidant, secretary, travel agent, and much more. Others, at least, are acutely aware that AI exists, because everyone else is talking about it,...more

Blake, Cassels & Graydon LLP

Clauses d’exclusion ou de limitation de responsabilité au Québec : balises légales et rédaction contractuelle

L’inclusion de clause d’exclusion ou de limitation de responsabilité dans les contrats québécois exige une compréhension du droit civil et des restrictions imposées par l’ordre public. L’évolution jurisprudentielle depuis...more

Holland & Knight LLP

Tenant Estoppels, Part 2 of 2: Practical Reminders on What Landlords Should Seek

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If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more

Morgan Lewis - Tech & Sourcing

Radius Clauses in Music Performance Contracts

As the summer 2025 concert season continues to ramp up, we want to take the opportunity to explain why your favorite band or artist might only be performing once in your region this summer: a radius clause....more

Integreon

Understanding Generative AI in Contract Lifecycle Management

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Generative AI is just beginning to fully integrate across the contracting lifecycle, from pre- to post-execution. Many of today’s providers specialize in niche processes only. Here are five examples of where generative AI is...more

Wiley Rein LLP

[Webinar] Effective PBM Contracting in a Changing World: From Procurement to Contract Execution - May 13th, 1:00 pm - 2:30 pm EDT

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The process of procuring a new PBM and perhaps adopting a new pharmacy program design can be excruciatingly long, full of anticipated and unanticipated pitfalls and – if not thoughtfully and meticulously planned – can result...more

Felicello Law PC

Top 5 Pitfalls to Avoid in Arbitration Agreements

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Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

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Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 2: Business Acquisition and Post-Closing Disputes

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There’s a tongue-in-cheek joke within the legal industry that transactional lawyers create the problems, and the litigators get paid to clean them up. It’s a cautionary reminder to transactional lawyers: if the dealmaking...more

Foley & Lardner LLP

What Every Multinational Company Should Know About…Tariff Strategies for Sell-Side Contracts

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Assessing Tariff Impacts in Commercial Contracts - With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 6 How To Choose, Use (And Not Abuse) Your Lawyer

The selection of a professional by a lay person is often a dicey matter. Choosing a lawyer is no different. What qualities should you look for? What are the indicators of a lawyer to avoid? Don’t use your lawyer cousin Bernie...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Farrell Fritz, P.C.

Court’s Decision in High Stakes Case Cuts Through the “Fog of Dueling ‘Notwithstanding’ Clauses”

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In a post I wrote about a dozen years ago, I quoted Ken Adams, blogger and author of A Manual of Style for Contract Drafting, who, commenting on the oft-used contract clause, “Notwithstanding anything to the contrary in this...more

Nelson Mullins Riley & Scarborough LLP

Make-Whole Premiums in Bankruptcy: Clarity in Drafting, Certainty in Recovery

In the world of commercial lending, certain contract provisions often go unnoticed—until the moment they matter most. Make-whole premiums are one such example. Typically tucked deep in loan agreements, these provisions are...more

Seyfarth Shaw LLP

Wyoming Bans Most Non-Compete Agreements Starting July 1, 2025

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Wyoming, with the introduction of Wyo. Stat. §1-23-108, banned most non-compete agreements for contracts signed on or after July 1, 2025, but with several meaningful exceptions....more

Tucker Arensberg, P.C.

Warning to Small Business Owners: Don’t Contract Your Way Out of a Local Venue!

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Small business owners often wait for things to go wrong before consulting with attorneys. This is understandable. Consulting a lawyer can delay a transaction and nobody likes the added expense....more

Sands Anderson PC

What to Know About Letters of Intent in Real Estate and Business Deals

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Thinking about selling your business or a piece of real estate? You’ll likely need to start with a Letter of Intent (LOI), so it is important to know the basics before you dive in....more

Stoel Rives LLP

A Primer For Decoding Legal Jargon In Construction Contracts

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Construction is an industry with a long history that stretches back thousands of years. Over time, the industry developed its own specialized language. Indeed, the “Oxford Dictionary of Construction, Surveying and Civil...more

Mayer Brown

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

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The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

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