News & Analysis as of

Contract Drafting

Benefits of a well crafted release: Biancaniello v. DMCT LLP

by Dentons on

A release is a contract that relieves one or more parties of future liability surrounding certain incidents. Parties often use releases in the context of settlements, to avoid future litigation in connection with the...more

A Tale of Two Judges: Lack of Binding Precedent on Arbitration Agreements Causes Uncertainty for Rhode Island Employers

Can two judges on the same court reach contradictory conclusions about the enforceability of the same arbitration agreement presented to two employees in the same manner? In Rhode Island, the answer is yes, as the U.S....more

Consumers' free choice: Consumer Council published report on mandatory cooling-off period in Hong Kong

by Hogan Lovells on

In April 2018, the Consumer Council (Council) published A Report to Advocate Mandatory Cooling-off Period in Hong Kong (Report). The Report signifies the Council's renewed effort in advocating for a mandatory cooling-off...more

Don’t Risk Having an Equivocal Forum Selection Clause

by Burns & Levinson LLP on

As I discussed in a 2015 blog post, the language in a forum selection clause is critical if you want to ensure that potential litigation takes place on your “home court.” Indeed, as the defendants in Genis v. Campbell...more

E=mc2 - What Einstein Can Teach Your Dealership About Drafting Pay Plans

by Fisher Phillips on

I bet you’ve heard of the famous equation E=mc2. You may know that Albert Einstein is credited as its developer. You may even know that it’s often called the Theory of Relativity. But, like most people, you might not know...more

Are Lessors Responsible for Interference With Lessee Quiet Enjoyment Rights?

by Holland & Knight LLP on

In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the...more

Make Releases Work for You

by PilieroMazza PLLC on

Releases have proven to be the double-edged sword of government contracting. In some cases, a release can prevent a contractor from successfully submitting a request for equitable adjustment (“REA”) or a claim to the...more

Post-Contractual Non-Competes – a never ending story

There are few clauses in employment contracts more heavily debated than Non-Competition Clauses (post-contractual non-competes). While employers tend to include them rather easily in order to protect company secrets beyond...more

[Webinar] Teaming for Success: Teaming, Joint Ventures, and Mentor Protégé Relationships on Federal Contracts - May 10th, 1:00pm...

In the last few years, the FedCon community has been abuzz with excitement over teaming, joint venturing, and mentor-protégé arrangements. However, the concepts and requirements relating to teams and joint ventures are often...more

Software Escrow 101

by Polsinelli on

Software escrow arrangements are gaining increasing importance in complex technology deals. Software escrows can be an effective way to mitigate certain future risks involving the licensing of commercial software, a SaaS...more

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

by FordHarrison on

When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the...more

General Release Cuts Off Subcontractor Pass-Through Claim

by Davis Wright Tremaine LLP on

Last month, the Court of Federal Claims issued a decision reaffirming the importance of considering carefully subcontract release and waiver language in Government procurement. MW Builders, Inc. v. United States involved a...more

Considerations Regarding Attorney-Client Privilege In The Joint Representation Of Multiple Clients

by Carlton Fields on

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more

Mexico's Port Authority of Chiapas Calls Tender for Oil and Gas Fluids Facility

by Holland & Knight LLP on

Most of the Mexican port infrastructure is assigned to Port Authority bodies, which are mainly state-owned corporations that run all aspects of operation and allocation of activities inside each port. Among other...more

What Provisions are Typical in a Separation Agreement?

by Shipman & Goodwin LLP on

There’s been a lot in the news of late about “outrageous” provisions found in an separation agreement between an employer and an employee, like confidentiality. Indeed, some proposed legislation would restrict the use of some...more

Licenses, SaaS, and the Cloud

by Burns & Levinson LLP on

Some Legal Issues to Consider When Migrating to Become a Service Provider - Although everyone’s into blockchain and the “Internet of Things,” believe it or not, there are still plenty of traditional software developers out...more

Contract Change #6: Notice Provisions in the A201 (law note)

by Melissa Dewey Brumback on

Today’s Contract Change is an important one having to do with Notice provisions in the AIA A201....more

An Indemnity Agreement Means What it Says

by Gray Reed & McGraw on

We are reminded in Claybar v. Samson Exploration that a court will (if it’s doing its job) enforce an agreement according to what it actually says, not by that which one party or the other would have liked it to say or...more

Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

by Pepper Hamilton LLP on

Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator. Originally published in AGC Law in...more

Break notices when is a tenant not a tenant

by Dentons on

In yet another illustration of the registration gap, the High Court has confirmed in Sackville v. Robertson [2018] EWHC 122 (Ch) that an assignee of a registered lease may be precluded from exercising a contractual break...more

A Basic Primer on Damages Terms in Contracts

When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more

Paying the Price: The Pitfalls of Ineffective Liability Waivers

by Hellmuth & Johnson PLLC on

Liability waivers are common in many contracts between businesses and the general public. Whether the contract covers in-home daycare or bungee jumping, it likely includes language intended to function as a release or a...more

3 Tips For Effective Restraints Of Trade

by Seyfarth Shaw LLP on

Recently a number of stoushes about the enforcement of post-employment restraints of trade – including one that captivated the legal industry for many months last year – have played out publicly....more

The Ghost in the Procurement Machine: Using AI in the Contracting Process

by Morgan Lewis on

Among the many ways in which artificial intelligence (AI) technologies are enhancing business functions, the inefficiencies and labor-intensive organizational aspects of the contracting process present many fertile...more

Court Issues New Test For Determining Whether An Offshore Oilfield Services Contract Constitutes A Maritime Contract

by King & Spalding on

Maritime laws developed for the blue-water shipping industry have always been an imperfect fit for the offshore oil and gas industry. While both industries face the perils of the sea, what constitutes a vessel and who does a...more

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