News & Analysis as of

Contract Drafting Contract Formation Contract Disputes

Whitman Legal Solutions, LLC

Why People “May” Incorrectly Use “Shall,” “Must,” and “Will” Even Though They “Should” Know Better

Contracts, real estate leases, and other legal documents also often include provisions that are mandatory (like obligatos) and/or are optional (like ossias). Terms such as "shall," "must," "will," "may," and "should” each...more

A&O Shearman

Sign your engagement letter. It’s not up for negotiation

A&O Shearman on

The High Court has provided a stark reminder of the risks that arise if parties, despite extensive negotiations, fail to sign their agreements, in this case an engagement letter....more

Mayer Brown

Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights

Mayer Brown on

Too often, contract rights bargained and paid for in negotiations are eroded during governance. This podcast describes seven tips for governing service provider relationships in ways that leverage or strengthen contract...more

Ward and Smith, P.A.

When Is a Deal a Deal?

Ward and Smith, P.A. on

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the...more

Jones & Keller, P.C.

The Importance of Contract Language

Jones & Keller, P.C. on

Several years ago, unclear, ambiguous, and inconsistent contract language (not to mention some bizarre lawyer shenanigans) cost the owner of the Los Angeles Dodgers one-half of the team in divorce proceedings...more

Freeman Law

Types of Contracts in Texas

Freeman Law on

Texas Contracts - Texas law recognizes written contracts and oral contracts. However, there are other categories of contracts that may have implications under the law. Texas law recognizes the following four types of...more

Burns & Levinson LLP

Are You Accepting an Offer or Not?

Burns & Levinson LLP on

We all learned pretty early on in law school that for a contract to be formed, there has to be an offer and acceptance. We also were taught that if, in responding to an offer, a party accepted some terms and proposed...more

Burns & Levinson LLP

Don’t Take Needless Chances When it Comes to Personal Jurisdiction, Forum Selection and Choice of Law

Burns & Levinson LLP on

Not spelling out in your agreements, even in informal agreements, where disputes can be resolved and what law will govern them can lead to some unhappy results. That is exactly the position that United Excel Corporation and...more

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