News & Analysis as of

Liability Contract Negotiations

Cadwalader, Wickersham & Taft LLP

From Mistake to Misconduct, April 2025 - Beyond the Boilerplate

The term “boilerplate” originates from the printing industry, where “boilerplate” referred to metal plates with standardized text used for newspapers and other publications. In legal documents and contracts, boilerplate...more

Morgan Lewis - Tech & Sourcing

Outsourcing Update: The Convergence of Business Process Outsourcing and Digital Enablement

Gone are the days when a company could outsource the “people” that perform a business process without considering, and likely including in the outsourcing arrangement, the digital enablement of the underlying workflows and...more

DarrowEverett LLP

When Silence Is/Isn't Golden in Commercial Real Estate P&S Agreements

DarrowEverett LLP on

While sellers typically initiate the first drafts of commercial real estate purchase and sale agreements, some larger buyers have the leverage to require use of their own form agreements. Sellers in these situations should be...more

Goulston & Storrs PC

What's Market: No Undisclosed Liabilities Representations

Goulston & Storrs PC on

In M&A transactions, unknown target liabilities are typically addressed in different ways throughout the M&A purchase agreement. A no undisclosed liabilities representation is one of the principal representations in an M&A...more

Snell & Wilmer

Practical Tips for Negotiating an Effective Contractual Limitation of Liability

Snell & Wilmer on

In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more

Patton Sullivan Brodehl LLP

Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable

Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more

Strafford

[Webinar] Erroneous Payment Provisions in Loan Agreements: Common Features; LSTA Form; Negotiation Tips - Fine Tuning Revlon...

Strafford on

This CLE webinar will explore the evolution of erroneous payment provisions in credit agreements as a result of the infamous Revlon case. The panel will review provisions developed by market participants, including language...more

Farrell Fritz, P.C.

Stop Blaming the Parents! – The Scope of Parental Liability for a Subsidiary’s Contract

Farrell Fritz, P.C. on

Misbehaving children? Blame the parents, right? Not so in the corporate context, at least according to Manhattan Commercial Division Justice Robert R. Reed in a recent decision, Memorial Sloan Kettering Cancer Ctr., v....more

Foley & Lardner LLP

California Expands Liability Under the FEHA to Business-Entity Agents

Foley & Lardner LLP on

On August 21, 2023, the California Supreme Court ruled that business-entity agents could be liable for violations of the Fair Employment and Housing Act (FEHA) with respect to individuals who were not their employees. This...more

ArentFox Schiff

Federal Contractors Beware: Firm-Fixed-Price Contract Negotiations & FCA Liability

ArentFox Schiff on

Federal Contractors Beware: Sixth Circuit Recognizes False Claims Act Exposure Based on Allegedly Inflated Labor Cost Estimates Leading To Firm-Fixed-Price Contract. On May 16, 2022, the US Court of Appeals for the Sixth...more

Farella Braun + Martel LLP

[Webinar] Nonprofit Real Estate: Perspectives on Shedding Space - March 17th, 3:30 pm - 4:30 pm PT

With the new normal of work-from-home employees and hybrid work options, many nonprofit executives are querying what to consider when deciding whether and how to shed space. Join our live webinar conversation about: -...more

Mayer Brown

Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

Mayer Brown on

In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as,...more

Best Best & Krieger LLP

Best in Law: Understanding Contractual Limitations on Liability - Partner Glen Price Writes About Liability Limitations for the...

What do contractual limitations on liability mean for your business? Just about every commercial contract you sign has a contractual limitation on liability. And, even if you do not sign a contract, a limitation on...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide