News & Analysis as of

Contract Negotiations

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who...

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more

Understanding Limitations of Liability: Recent Alberta and Canadian Case Law

by Field Law on

Contractual liability limitations are a means of managing risk in construction contracts. Depending on the type of project, the type of possible damages, and the availability (or unavailability) of insurance, liability...more

Circumvention of collective bargaining arrangements – a costly mistake…

by Dentons on

The Employment Tribunal and the Employment Appeal Tribunal have both confirmed that attempting to negotiate directly with employees during pay negotiations with a recognised trade union amounts to an unlawful inducement under...more

Protecting against foreseen risks - is a boilerplate indemnity clause sufficient? - Analysing the “General Indemnity” clause in...

by Dentons on

When entering into a contract, parties are increasingly relying on indemnity clauses to allocate risks that may arise. However, generic or boilerplate indemnity clauses, which are not tailored to the relevant situation, may...more

Continuous Operations Clauses: Can Landlords Force Tenants to Remain in Business?

by Miles & Stockbridge P.C. on

Amid the uncertainty plaguing brick and mortar retail establishments, some commercial landlords may find themselves with an extra tool in their arsenals to temporarily stave off tenant vacancies: continuous operations...more

‘Twas the Season to Contract? A Year-End Review of Network Negotiations and Billing Disputes

As 2017 drew to a close, some health plans and healthcare providers across the country were still busy trying to finalize contracts for in-network services for 2018 and beyond. A number of negotiations made the headlines in...more

NAFTA Watch Newsletter Vol. 11 – NAFTA Renegotiation Part 5: The Year Ends Without Any Major Agreements

by Benesch on

This publication is our eleventh installment in a series designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump...more

GC Memo 18-02 May Signal A Shift Away From Finding Disparate Treatment Of Employees During Contract Negotiations To Be Unlawful...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Bennett Jones Fall 2017 Economic Outlook

by Bennett Jones LLP on

After a marked slowdown in 2016, the global economy is experiencing robust, synchronized growth in 2017, which exceeds earlier expectations and should continue in the short term. Notwithstanding this improved outlook,...more

Enterprise bargaining: can employers still grow a forest from a few seeds?

by Seyfarth Shaw LLP on

Employers will need to be prepared for close scrutiny of enterprise agreements that use a “small group” or “seed group” approach, following a number of recent developments in enterprise bargaining. The recent Federal Court...more

Key Provisions for Supply Chain Contracts

by Foley & Lardner LLP on

In the manufacturing industry, a company’s supply chain can be a source of both risk and value. By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the...more

Dealing on Written Standard Terms of Business—Guidance from the English Court of Appeal

The English Court of Appeal considers whether the use of model form agreements could constitute dealing “on written standard terms of business” The decision will give comfort to lenders who use precedents or model form...more

Litigating Indemnities and Reps and Warranties: What You Thought You Negotiated May Mean Something Else

by Bryan Cave on

Many of us have unfortunately experienced the perils and pitfalls that follow when imprecise terms and definitions appear in deal documents. The risks of imprecision are especially acute in the area of indemnities,...more

Timing And Buildout Considerations in Lease LOIs

by Womble Bond Dickinson on

Letters of intent (LOI) for leasing space may not be binding contractual documents, but they can set the stage for smooth lease negotiations which result in fewer legal costs, and save you money in the long term by forcing...more

Litigation Issues Arising from M&A Transactions - Don't Cut Corners: How Legal Shortcuts May Come Back to Haunt You Later

by Bryan Cave on

On September 20, San Francisco Partner Meryl Macklin and Los Angeles Partner Katherine Ashton hosted a webinar on the litigation issues arising from M&A transactions and how legal shortcuts could come back to haunt...more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Overview of Macron reform law

by DLA Piper on

Through a comprehensive short slideshow, discover the key challenges and timeframe of the Macron Labour Reform Bill. Please see full Presentation below for more information....more

Vendor Contracts: Be Careful Before You Sign On The Dotted Line

by Fisher Phillips on

It’s the first week back to school and you receive the following three phone calls in quick succession - • A parent advises you that she does not want to buy expensive apparel from a certain sportswear company for her...more

Agreements to agree and obligations to renegotiate: what can you rely on?

by Dentons on

At the contract formation stage, leaving key issues for future negotiation may mean you only have an agreement to agree rather than an enforceable commitment. But what is the position if you include in the agreement an...more

M&A Global Intelligence Series: American Deal Terms

by DLA Piper on

With regulatory constraints currently making it challenging to get capital out of China, the Pound Sterling continuing to suffer Brexit-related weakness and the NZ$ having softened against the Greenback, we expect North...more

Can a Legislature Really Change a Collective Bargaining Agreement?

by Shipman & Goodwin LLP on

With all of the talk about the financial difficulties faced by the government, I, and others in here, sometimes get the question of whether the State of Connecticut or other states might try to change the laws on collective...more

New Jersey Supreme Court Says Salary Step Increments are Negotiable, but Avoids Dynamic Status Quo Issue

by Genova Burns LLC on

In a highly anticipated decision, the New Jersey Supreme Court held that the issue of salary step increments is a mandatorily negotiable term and condition of employment. However, the Court did not decide whether New Jersey’s...more

Alberta Court of Appeal reaffirms importance of considering factual matrix in contractual interpretation

by DLA Piper on

The rules of contractual interpretation have evolved significantly in the last several years in Canada. At one time, the circumstances surrounding the preparation of a contract were rarely considered by the courts; the courts...more

Independent Contractors & Consultants Acting on Government Contracts May be Subject to Conflict of Interest Laws

by Best Best & Krieger LLP on

Independent contractors and consultants who engage in or advise on public contracts may be subject to the conflict of interest laws under Government Code section 1090, the California Supreme Court ruled last month. Section...more

Tips for Drafting Executive Employment Agreements -Tip #2 – Severance Conditions

by Bryan Cave on

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be...more

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