News & Analysis as of

Liability Contract Terms Risk Management

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

Ward and Smith, P.A.

Understanding Liability Waivers for Equine Activities in North Carolina

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In North Carolina, as in many states, liability waivers are often used to protect equine activity sponsors, such as individuals, groups, clubs, partnerships, or corporations from legal claims arising from injuries sustained...more

Warner Norcross + Judd

Emphasizing Robust Contracts with Cloud Providers Amid Recent Alleged Breach at Oracle

Warner Norcross + Judd on

Recent reports concerning a potential security incident involving Oracle Cloud services provide a warning for many companies who allow third parties to access or store sensitive company data. A threat actor claims to have...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

McGinnis Lochridge on

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Katten Muchin Rosenman LLP

Are You Really Covered as an Additional Insured?

For your next construction project in New York, securing commercial general liability coverage as an additional insured may not be as simple as it would appear. Recent court rulings have interpreted the terms of insurance...more

A&O Shearman

Indemnity or indemNOTy? The difference between a guarantee and an indemnity

A&O Shearman on

A bank sought payment under “deeds of indemnity” related to swap agreements which were part of a number of Dutch mortgage-backed securitisations. The mortgage provider refused to pay, a key argument being that the “deeds...more

Harris Beach Murtha PLLC

Have a SaaS Contract in Place? You May Need an AI Addendum

Virtually every business has signed an agreement with a software as a service (“SaaS”) provider at one time or another. And now, virtually every SaaS provider (it seems, at least) is coming out with an AI-related feature or...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more

Gray Reed

The Devil is in the Detail – Essential Contact Terms for PPP between Waste Management Companies and Public Entities

Gray Reed on

Waste management is a critical service that affects communities, businesses, and the environment. When public entities (such as municipalities) enter into agreements with private waste management companies to handle the...more

BakerHostetler

The 5th Circuit’s Second Thoughts on Oilfield Indemnity Limitations

BakerHostetler on

The Fifth Circuit’s recent opinions in Cimarex Energy Co., et al. v. CP Well Testing, L.L.C. (2022) and Century Surety Co. v. Colgate Operating, L.L.C. (2024) provide divergent interpretations of how the Texas Oilfield...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

Rivkin Radler LLP on

An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

BakerHostetler

DSIR Deeper Dive: Data Processing Addendums: Indemnities, Limitations of Liability and the Cost of a Data Breach

BakerHostetler on

When negotiating technology or data services contracts, businesses of all sizes and industries are now spending more time and attention on privacy controls. The increasing prevalence of comprehensive U.S. state privacy laws...more

Freiberger Haber LLP

Extreme Vacations and Limitations of Liability

Freiberger Haber LLP on

By Jonathan H. Freiberger This Blog has recently written on the issue of contractual limitations of liability.  [Here] Proving that timing is everything, Jonathan H. Freiberger, one of Freiberger Haber LLP’s founding members,...more

Braumiller Law Group, PLLC

[Webinar] Incoterms - April 11th, 10:30 am - 12:00 pm CDT

Join ICPA and Braumiller Law Group's Washington D.C. of Counsel Jim Holbein for a presentation on incoterms - The webinar will cover the obligations, costs and risks associated with all the seven multimodal Incoterms and...more

BakerHostetler

Preparing for COVID-19 Contract Litigation

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As the novel coronavirus (COVID-19) outbreak spreads across the country, businesses in every industry are struggling to meet or enforce contractual obligations. Though the global deterioration of supply chains and ordinary...more

Gray Reed

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

Gray Reed on

Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their...more

Orrick, Herrington & Sutcliffe LLP

Practical Tips for In-House Counsel From Recent Cybersecurity Decisions

The possibility of a cybersecurity incident—and ensuing litigation—is a fact of life for almost every business. Even companies that do not process or handle consumer information collect personal information about their...more

Gray Reed

Risky Business: Using a DBA or Trade Name in Corporate Contracts

Gray Reed on

In Texas, Frasier is likely a party to—and liable for—the contracts that he signed using a trade or “doing business as” (DBA) name. The rules governing an agent’s liability for contracts that he signs on a company’s behalf...more

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