News & Analysis as of

Master Service Agreement

Master Servicer Agreements Can Streamline Contracting, but Steer Clear of Pitfalls

by Bryan Cave on

Retailers often use master service agreements (“MSAs”) to repeatedly contract for the same services. MSAs spell out most but not all of the terms between the parties. ...more

How to guarantee bad performance from your vendors

by Thompson Coburn LLP on

A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor. On the other hand, there are some pitfalls will likely or...more

The Importance of Consistency between Master Services Agreements and Statements of Work

by Davis Brown Law Firm on

All types of business from startups to multinational conglomerates regularly enter into service agreements for the procurement and delivery of products or services. Depending upon the size and complexity of the agreement, the...more

Lessons in Administering a Master Service Agreement

by Gray Reed & McGraw on

Is condensate a contaminant? When it spills and burns a worker, yes. In Hiland Partners v. National Union Fire Insurance Company the operator, an additional insured under a contractor’s commercial general liability insurance...more

The CFPB's Prospect RESPA Consent Orders: Eight Key Takeaways

by Foley & Lardner LLP on

The Consumer Financial Protection Bureau (CFBP) on January 31, 2017, issued consent orders settling enforcement claims that a major mortgage lender violated the Real Estate Settlement Procedures Act (RESPA) in connection with...more

Crisis Management in the Gas Patch (Part 3): Additional Insured Coverage

by K&L Gates LLP on

In a challenging business climate, such as when oil and gas are selling at low prices, exploration and production companies are not only increasingly selective with their drilling programs and capital expenditures, but are...more

Operator – Don’t Get Burned by Paying an Insolvent Contractor

by Gray Reed & McGraw on

Just received notice of a Texas subcontractor’s mineral lien? DO NOT continue to pay the contractor. He hasn’t paid the subcontractor. Think you owe nothing on the well on which the lien will be filed? Think what you owe the...more

Does Your Company Have Coverage for PCI Fines & Penalties in its Cyber Policy?

Payment Card Industry fines and penalties are fines charged by payment card brands like Mastercard and Visa to merchants’ acquiring banks for violation of their industry rules and regulations, which often occurs when there is...more

Arizona Federal District Court Finds No Coverage for P.F. Chang’s for PCI Assessments

In one of the first decisions construing coverage under a stand-alone cyber insurance policy in the wake of a large-scale cyber security breach, the Arizona Federal District Court rejected restaurant franchisor P.F. Chang’s...more

Be Careful What You Ask For When Agreeing to Arbitration

by Burns & Levinson LLP on

In 2014, I posted Carefully Craft Your Arbitration Clause if You Want Some, But not All, Disputes Arbitrated. A decision a few months ago, Trustivo, LLC v. Anthem, Inc. is a reminder that if a contract has a broad...more

Second Circuit Finds Panel Did Not Commit A “Manifest Disregard Of The Law” And Denies Vacatur Of Arbitration Award

by Carlton Fields on

The appellee, Sutherland Global Services, a call center support service provider, invoked the arbitration clause contained in its Master Service Agreement with the appellant, Adam Technologies, after Adam reportedly failed to...more

Forget the Invites, Use a Contract Instead

Many of the indemnity provisions Master Service Agreements use in the energy and construction industries contain the term “invitee” in the definition of “Owner Group” and “Contractor Group”. However, the term “invitee” is...more

IRS issues private letter ruling regarding REMIC Trustees entering into settlement agreements

by Dentons on

On December 31, 2015, the IRS released PLR 201601005 (dated April 8, 2015), which addressed the previous uncertainty on the ability of Trustees in real estate mortgage investment conduit (REMIC) transactions to enter into...more

Pennsylvania Supreme Court Rules Against Insurers on Employer Liability Exclusions

by K&L Gates LLP on

The Pennsylvania Supreme Court recently ruled against insurers on an insurance coverage issue that frequently arises in the oil and gas sector. In Mutual Benefit Insurance Company v. Politsopoulos, the Supreme Court held that...more

Contracts Where Neither or Only One Party Signs Can be Binding

by Burns & Levinson LLP on

In today’s world where circumstances can change at lightening speed, companies sometime feel compelled to act before their counsel can formalize or finalize a written contract. Similarly, there are instances where only one...more

How and Why to Pick a Forensic Firm Before the Inevitable Occurs

by BakerHostetler on

A forensic investigation by a security firm often does (and should) drive decision-making in response to an incident. Because the work of a security firm usually drives the critical path of a response, companies can become...more

Government Contract: How Can a Subcontractor Get Paid?

by Pepper Hamilton LLP on

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US...more

Your MSA is in Place – Now What?

by Gray Reed & McGraw on

Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

Technology Industry Newsletter - October 2015

by Buchalter on

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

by McCarter & English, LLP on

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more

Who Needs A Master Service Agreement?

by Gray Reed & McGraw on

You do, whether you are a vendor or an operator. Matador Production Company vs. Weatherford Artificial Lift Systems, Inc. is a treatise on what can go wrong with a frac job: Failure of pumps, worker inexperience, failure of...more

Transocean/BP Settlement Ends Texas Law Insurance Dispute: What Are the Possible Future Implications?

by Baker Donelson on

A lesser known but interesting legal issue regarding the 2010 BP oil spill was whether an operator (BP) could recover insurance proceeds as an additional insured under its driller's (Transocean) insurance policies for...more

Update: Transaction Processors Appeal Order Denying Third-Party Fees after Cyber Attack

by Holland & Knight LLP on

In early February, this blog discussed a case involving a grocery store chain that was a victim of a cyber-attack and its transaction processors. See Schnuck Mrkts. v. First Data Merchant Servs Corp., No. 4:13-cv-2226-JAR,...more

XL is Not Always the Right Fit: Sometimes the Right Contract Template is Not the Longest Contract Template

As a thin guy, I used to subscribe to the philosophy of wearing large clothes to look bigger than I was. What I actually looked like was a scrawny guy in ill-fitting clothes that were not overly comfortable....more

The Offshore Master Service Agreement

by King & Spalding on

The offshore MSA is a fundamental contract for any operator or service company. It is the framework by which all work is performed offshore and, importantly, establishes which party assumes the risk of loss for people,...more

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