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Counterparties Contract Terms

Morgan Lewis - Tech & Sourcing

Keeping Options Open When Going Exclusive

When a contracting party decides that the counterparty is worth an exclusive commitment, such a decision often rests on some minimum expectations and basic assumptions. But, in light of Murphy’s law, it may be worthwhile to...more

Foley & Lardner LLP

Have You Checked Your Purchase Order? Do You Know Who Your Counterparty Is?

Foley & Lardner LLP on

Do you know who your counterparty is? Most of you reading this article will respond – of course, I do. At the start of the business relationship, accounting performed its due diligence, checking for any red flags to...more

Goodwin

The Silicon Valley Bank UK insolvency: FAQ for those doing business with the Bank

Goodwin on

News of the failure of Silicon Valley Bank in the United States has dominated headlines over the last few days. Late yesterday, Friday, 10 March 2023, the Bank of England made an announcement about the status of Silicon...more

Dorsey & Whitney LLP

Enforcing Contractual Obligations – What To Do If Business Debts Are Unpaid: A Quick Guide

Dorsey & Whitney LLP on

As a result of the Coronavirus pandemic and the related lock-downs, many businesses will find that counterparties owe them fixed obligations, for example debt payments, but say that they are unable to fulfill these...more

Dorsey & Whitney LLP

COVID-19 Pandemic – What Should I Do if My Counterparty to an Important Contract is Applying Pressure to Change Our Agreement?

Dorsey & Whitney LLP on

As the economic impacts of the COVID-19 pandemic continue to grow, many businesses are faced with unprecedented challenges. As businesses struggle economically, they may face pressure from their contractual counterparties...more

Eversheds Sutherland (US) LLP

You or your counterparty cannot perform your contract, now what? An examination of US Courts’ treatment of force majeure

By now, you have seen countless commentaries about potential supply chain disruptions caused by COVID-19. Most tell you to review your contracts, including any force majeure provisions, to determine your and your...more

Schwabe, Williamson & Wyatt PC

COVID-19 and Force Majeure Clauses

Many organizations may be parties to contracts where the counterparty is seeking to cancel its obligations because of COVID-19. This situation is arising in relation to various commercial relationships, including supply...more

BCLP

Coronavirus and Distress – Do Your Contracts’ Force Majeure Clauses Cover You, Harm You, Mitigate Your Distress, Exacerbate Your...

BCLP on

While no one can reliably predict the outcome, spread, or duration of the coronavirus outbreak, or its tragic human toll, its current effects on Asian and international supply chains are unprecedented. The economic distress...more

Latham & Watkins LLP

Enforceability Errors: Avoiding a Common Pitfall in NDAs

Latham & Watkins LLP on

US parties should consider international arbitration, rather than standard NDA dispute resolution provisions, to resolve disputes that include a foreign counterparty. Key Points: ..Injunctive relief ordered by a US...more

Ruder Ware

Review Business Contract Carefully

Ruder Ware on

Agricultural producers are often asked to enter into written contracts. Those contracts can cover a wide range of issues including buying equipment, leasing property and selling products. Although the subject matter varies...more

Mintz - Arbitration, Mediation, ADR...

Consolidation of Arbitrations is a Procedural Matter Presumptively For the Arbitrator to Decide in Accordance With the Parties’...

Since arbitration is a process of dispute resolution in accordance with a private agreement, the question of consolidation of arbitral proceedings ought to be determined in the same manner as other procedural issues. In...more

Eversheds Sutherland (US) LLP

It Is Not A Duck! $535 million pipeline verdict reversal portends new era of joint venture conflicts.

On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty (appellate decision linked here)....more

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