News & Analysis as of

Contract Drafting

White & Case LLP

5 initial steps when your English law contracts are disrupted by events outside of your control

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It is common practice for commercial contracts to include a force majeure clause, which apportions the commercial risk of unforeseeable events between the parties. Contractual clauses often contain a number of examples of...more

A&O Shearman

Future-proofing dispute resolution clauses – the fashion forward options

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In 2025 we saw a continued shift in approach to disputes clause negotiations, with more straightforward clauses and less optionality coming back into fashion. We also saw an increased willingness to accept innovative...more

Stark & Stark

Drawing the Line: Crafting Clear, Enforceable Exclusives in Commercial Leases

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In KRG Bayonne Urban Renewal, LLC v. Wal-Mart Stores East, LP, the Superior Court of New Jersey, Appellate Division, reminded commercial landlords and tenants that when it comes to restrictive covenants, “plain meaning”...more

Ankura

Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims

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Large construction projects often involve layered contractual relationships, pass‑through claims, and competing commercial interests. When disputes arise, the default approach is frequently adversarial — prime contractors and...more

Stoel Rives - Global Privacy & Security Blog®

The Technology Contracting Dilemma

Some technology articles age well. The proposed modifications to the HIPAA Security Rule, published in the Federal Register on January 6, 2025, are still not in final form. The final action is expected next month. Once in...more

Shutts & Bowen LLP

Contract Principles for Business Litigation: The Importance of Specificity

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Introduction: Why Precision in Contract Drafting Matters - Specificity in drafting allows contracting parties to allocate risk with precision and enable efficient dispute resolution. Unclear contractual language can foster...more

Venable LLP

What Companies Get Wrong About Open-Source Software Licensing: Legal Risk and Contract Fixes

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Skadden, Arps, Slate, Meagher & Flom LLP

Evergreen or Expired? Courts Strictly Construe Auto-Extension Clauses in Letters of Credit

A January 2026 decision from the U.S. District Court for the Southern District of New York held that an auto-extension clause in a letter of credit did not create an evergreen instrument (resulting in the letter of credit’s...more

CDF Labor Law LLP

[Webinar] The High Stakes of Employment Arbitration: Risks, Strategy, and Recent Developments - April 30th, 10:00 am - 11:00 am PT

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Arbitration remains a valuable dispute-resolution tool for California employers, but an enforceable agreement alone is not enough. The outcome of a dispute can be shaped long before a claim is filed, through decisions about...more

IR Global

Designing Bankable Investment & Concession Structures in the DRC - IR Global

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As investment across the mining, energy and infrastructure sectors in the Democratic Republic of Congo (DRC) continues togrow, the core question for sponsors, lenders and development finance institutions has evolved. It is no...more

Hogan Lovells

English Court of Appeal severs part of arbitration clause to uphold parties' agreement to arbitrate and ensure enforceable award

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Finality is a mandatory feature of arbitration: Parties cannot validly agree to mechanisms that would allow an arbitral award to be amended indefinitely or prevent it from ever becoming final. Correction powers must be time...more

McDermott Will & Schulte

Re/insurers, letters of credit, and evergreen clauses: Time for a refresh?

Use cases for letters of credit (LOCs) in the re/insurance industry are familiar to many. Even in an era when more than 100 non-US re/insurers hold reciprocal re/insurer status and presumably face fewer calls by US cedents...more

Dickinson Wright

It Ends with Contractor Status: Lessons from Blake Lively’s Sexual Harassment Case

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On April 2, 2026, Judge Lewis J. Liman of the Southern District of New York issued an opinion in Lively v. Wayfarer Studios LLC et al., No. 24-CV-10049, dismissing ten of thirteen claims actress Blake Lively brought against...more

K&L Gates LLP

In-House Counsel Ask the Questions: Infrastructure Arbitration Worldwide

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As part of Paris Arbitration Week 2026, our firm proudly hosted a lively and forward-looking session titled “In-House Counsel Ask the Questions: Infrastructure Arbitration Worldwide.” The discussion brought together senior...more

Law School Toolbox

Law School Toolbox Podcast Episode 551: Listen and Learn -- Warranties and Disclaimers Under the UCC (Contracts)

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Welcome back to the Law School Toolbox podcast! Today we're discussing contract law – specifically, warranties and the disclaimer of warranties under the UCC. We explain both express and implied warranties and how they can be...more

LegalMation

The Human + AI Workplace: Redefining Legal Work in the Age of Automation

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Walk into any forward-thinking legal department today and you’ll see a landscape rapidly changing before your eyes. Gone are the days of wall-to-wall case files and marathon review sessions....more

Jackson Lewis P.C.

California Employers Should Revisit Repayment and “Stay-or-Pay” Arrangements in Light of AB 692’s Recent Enactment

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California’s Assembly Bill (AB) 692 took effect on January 1, 2026, impacting repayment and “stay-or-pay” agreements. For a summary of the limitations and requirements stemming from this law, please see our earlier blog...more

Miles Mediation & Arbitration

Sealing the Deal in Mediation Without Glitches

You have just spent an entire day in mediation traversing legal issues and opposing counsel as well as your client. The good news is that the parties have reached a deal in principle....more

Sheppard, Mullin, Richter & Hampton LLP

Culture, Content and Contracts: When Brand Ambassadors Become Strategic Partners

Luxury fashion and streetwear brands are increasingly engaging celebrities as long-term brand ambassadors—relationships that go well beyond a single campaign or seasonal activation. Today’s ambassador may appear in a runway...more

Cranfill Sumner LLP

On Final Approach: How the NC Supreme Court Case Can Ground Long-Tail Aviation Liability

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The North Carolina Supreme Court’s decision in Warren v. Cielo Ventures, Inc. (filed March 20, 2026) is a significant decision for the construction industry but also carries major implications for the aviation industry as...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Why Defining “Irreparable Harm” in Your Contracts Matters

When disputes arise, the fastest, and sometimes only, way to prevent lasting damage is to ask a court for an injunction. But courts do not grant injunctions lightly. A key consideration is whether you’ll suffer “irreparable...more

Littler

Paid Leave after Termination: Key Takeaways from a New German Federal Labor Court Decision on Employment Contracts and Company...

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Once a German employment relationship has been terminated, employers often seek to remove the terminated employee from day-to-day operations as quickly as possible—whether for data-protection reasons, to safeguard customer...more

Ervin Cohen & Jessup LLP

Ninth Circuit Upholds Arbitration Delegation Clause Despite Contrary Severability Language

The Ninth Circuit Court of Appeal’s decision in Sandler v. Modernizing Medicine, Inc. holds that, in employment arbitration agreements governed by the Federal Arbitration Act (“FAA”), a properly drafted delegation clause...more

Holland & Knight LLP

When the Smoke Clears: Maritime Contract Claims After Hormuz Disruption

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The Strait of Hormuz remains one of the world's most strategically significant maritime chokepoints. Heightened geopolitical tensions have increasingly transformed the waterway into a zone of active danger – exposing...more

Troutman Amin LLP

PAINFUL: Court Denies Arbitration to Lead Buyer in TCPA Class Action Because of this Common– but Avoidable– Mistake

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Another reminder for everyone out there buying leads– make sure your name is on the ARBITRATION PROVISION terms and not just the MARKETING PARTNERS list. ...more

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