Contract Formation, Corporate Counsel

Drafting Contracts with ChatGPT

Morgan Lewis - Tech & Sourcing on 3/14/2023

OpenAI has introduced its artificial intelligence (AI) language model, ChatGPT, to the world. ChatGPT interacts with users in a conversational manner to create human-like text in response to prompts. The use cases of this...more

California Court Enforces Arbitration Clause in Cannabis Contract

Dorsey & Whitney LLP on 11/5/2019

An October 2019 decision in the U.S. District Court for the Northern District of California confirmed that cannabis companies can form contracts even if the purpose of the contract is for an illegal purpose and that...more

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Mintz - Arbitration, Mediation, ADR... on 7/29/2019

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Developments in Enforceability of Arbitration Provisions in Consumer-Facing Online Agreements

Wilson Sonsini Goodrich & Rosati on 5/7/2019

Courts throughout the country continue to express skepticism over, and go to lengths to deny the enforceability of, arbitration provisions in consumer online agreements. A recent example from the New York Supreme Court for...more

Postmates Shows It’s As Easy As 1-2-3 To Ensure Arbitration With Your Contractors

Fisher Phillips on 12/20/2018

A recent decision from a federal court in California shows that there is a simple three-step process to follow if you want to ensure that your gig workers are found to be subject to your arbitration provisions. The judge’s...more

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Mintz - Arbitration, Mediation, ADR... on 8/16/2017

Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration...more

Using Electronic Signatures

Parker Poe Adams & Bernstein LLP on 10/10/2016

Over the last decade, electronic signatures have become ubiquitous. As a society, we have become accustomed to the ease and convenience of clicking the “I Accept” button when a cell phone company updates its terms and...more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

Proskauer - New Media & Technology on 6/10/2015

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

Hinshaw & Culbertson LLP on 5/11/2015

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

Troutman Pepper on 11/19/2014

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

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