News & Analysis as of

Contract Negotiations Contract Formation

Bowditch & Dewey

You Just Hit “Send.” Did You Also Form a Valid, Binding Contract?

Bowditch & Dewey on

In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email...more

Whitman Legal Solutions, LLC

Exhibits, Schedules, and Addenda – the “Encores” to a Contract

Common Contract Add-Ons - Exhibits, addenda, and schedules all can be attached to contracts. They should be agreed to before the contract is signed. With commercial real estate contracts, there’s a common practice of...more

Allen Matkins

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

Allen Matkins on

The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together.   The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing".  Cal. Civ. Code §...more

Sheppard Mullin Richter & Hampton LLP

Government Contracts Cost and Pricing – The Truth in Negotiations Act … or Whatever the Kids Are Calling It These Days (Part 2)

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing regulations that apply to Government contractors. This is the second installment of a two-part article on the Truthful Cost...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

Ward and Smith, P.A.

"But We Were Just Negotiating:" Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract

Ward and Smith, P.A. on

Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is only a string of emails....more

Mitratech Holdings, Inc

[Webinar] A Roadmap to Seamless CLM Implementation & Adoption - October 25th, 10:00 am CT

Join Mitratech, Morae, and Craneware for a live webinar discussion on what it takes to prepare a successful CLM implementation roadmap for rapid ROI. From creation and negotiation through to the approval process, manually...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

Latham & Watkins LLP

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

Latham & Watkins LLP on

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Freeman Law

Breach of Contract in Texas

Freeman Law on

Contracts play an important role in day-to-day business operations and drive economic activity across the globe. And when one party to a contract fails to live up to its obligations, the other party or parties may be...more

Woods Rogers

Tweeting Your Way Into A Legally Enforceable Contract

Woods Rogers on

Introduction: If you haven’t heard the news, a recent article published by CNN Business reported that the Director of the United Nations’ World Food Programme (“WFP”), David Beasley, declared that “2% of Elon Musk’s wealth...more

Barnea Jaffa Lande & Co.

Contracts in Israel: Doing Business in Israel

Barnea Jaffa Lande & Co. on

Law has a major role in Israeli business. Israelis feel their freedom to act is determined by what is allowed under law, and this includes what has been agreed to in a binding agreement. Therefore, legal contracts form the...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Streamlining Your Commercial Contract Negotiations

Williams Mullen on

Corporate attorney Carrie Stanton provides several suggestions on what companies can do to make contract negotiations more efficient while also addressing priorities and concerns. Topics include: • Contract templates •...more

Hogan Lovells

E-signatures in the time of COVID-19

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In these unprecedented times with almost half the planet on some form of lockdown, businesses across the globe are looking for practical solutions to complete transactions. ...more

A&O Shearman

First No Contract by Ambush. Now No Contract by Email, Texas Supreme Court Says.

A&O Shearman on

On February 28, 2020, the Texas Supreme Court reversed a ruling from the First Court of Appeals in Houston in the case of Chalker Energy Partners III, LLC, et al. v. Le Norman Operating LLC, 547 S.W.3d 27 (Tex. App.—Houston,...more

Porter Hedges LLP

Alert: "Texas Supreme Court Confirms No Obligation Clauses Can Prevent Contract Formation"

Porter Hedges LLP on

On the heels of its opinion in Energy Transfer Partners, L.P. v. Enter. Products Partners, L.P., in which the court held that parties can agree to conditions precedent before the partnership formation factors in Tex. Bus....more

Orrick, Herrington & Sutcliffe LLP

Texas Supreme Court: Contracting Parties Can Negate The Formation Of A Partnership Through Contractual Conditions Precedent In...

The Texas Supreme Court issued an important ruling on Friday, January 31, 2020, on the formation of partnerships where parties have provided by contract specific conditions that must be satisfied before a partnership will be...more

Bennett Jones LLP

What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

Bennett Jones LLP on

Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Hogan Lovells

Electronic signatures: a warning sign

Hogan Lovells on

How do you sign your emails? If your name and contact details are automatically generated at the bottom of an e-mail, do you consider you have signed the e-mail and should be contractually bound by the contents? This was the...more

White & Case LLP

Sanctioned default? The English High Court considers the effect of foreign illegality on English obligations

White & Case LLP on

As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more

Orrick, Herrington & Sutcliffe LLP

Observations on Atlassian’s Proposed Model Term Sheet

Earlier this week, Atlassian published its form acquisition letter of intent under the banner of The M&A Process is Broken: It’s outdated, inefficient and combative.  ...more

Fox Rothschild LLP

How Parties’ Intentions Affect Contract Processes In Paper, Electronic And Smart Contracts

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How important is the process of negotiating contracts? And when a dispute arises, how important is the process of resolving what those negotiated contracts mean(t)? For those who affirm, to any degree, the presumption that...more

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