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Contract Drafting Young Lawyers

Allen Matkins

Judge Orders Attorneys Who Failed To Discern The Difference Between "May Not" And "Does Not" To Attend School

Allen Matkins on

Nearly a dozen years ago, I wrote a lengthy post on the meanings of "shall" and "will".  In that post, I noted that "shall" is sometimes used, particularly in Bylaws, to mean "may".   I did not consider whether "may" could...more

Holland & Knight LLP

Shall We Consider the Use of the Word "Shall" Again?

Holland & Knight LLP on

Holland & Knight recently advised on the use of the word "shall" in legal documents. If the authors' arguments in the June 6, 2021, blog post, "Canceling the Word 'Shall' in Leases, Contracts and Legal Forms," were not...more

Carlton Fields

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

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

Bradley Arant Boult Cummings LLP

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

Proskauer - Minding Your Business

Robotic Review: The Use of Artificial Intelligence in Contract Review

Through the help of artificial intelligence (“AI”), your smartphone can act as a GPS that adjusts its recommended route in real-time based on emerging traffic patterns. By adapting to changes in traffic, the smartphone is...more

Proskauer - Minding Your Business

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators? Entities...more

Parker Poe Adams & Bernstein LLP

Is that Letter of Intent Enforceable?

Letters of intent, or term sheets (“LOIs”), are commonly used in M&A and other corporate transactions. However, when discussions between parties breakdown the question often arises, are any of the terms in the LOI...more

Farella Braun + Martel LLP

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

PilieroMazza PLLC

Tips on Avoiding the Unsettling Results of a Poorly-Drafted Settlement Agreement

PilieroMazza PLLC on

Well done! Through your reasoned approach and powers of persuasion, you have managed to resolve the pending contract dispute on your own, and thus have avoided that costly telephone call to the litigator in your attorneys’...more

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