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Signatures Contract Terms

Ladas & Parry LLP

Read Before Signing - Important lessons from recent court rulings involving problematic contracts.

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IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts...more

Gray Reed

Harsh Result in a Drilling Contract Dispute

Gray Reed on

Frontier Drilling, LLC v. XTO Energy, Inc. has the indicia of an inequitable result, but as I remind my wife every time she objects to what she deems to be an outrageous jury verdict, we don’t know all the facts and the...more

Genova Burns LLC

Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company

Genova Burns LLC on

On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee...more

BCLP

COVID-19 and Executing Contracts at Home, Force Majeure Considerations, and MAE Clauses in M&A Transactions

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Now that many of us are working from home and social distancing, can we still close deals in the US with signed agreements? Are electronically signed contracts really enforceable? Fortunately, most contracts can be entered...more

Latham & Watkins LLP

How to Duly Execute Contracts in a Remote Working Environment

Latham & Watkins LLP on

Permissibility of electronic signatures often depends on the governing law and subject matter of the contract. Dramatic changes in working patterns are underway in the United States and around the world, with public health...more

Hudson Cook, LLP

Agreeing to Arbitration

Hudson Cook, LLP on

Of the state law defenses, unconscionability is the most often used and most effective legal justification for invalidating arbitration agreements. As a creature of state common law and state versions of the Uniform...more

Morgan Lewis

Is This DE Court Doing Its (Counter)Part to Question Common Signature Practices?

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A recent Delaware court ruling found an agreement to be unenforceable despite being executed by each of the parties via “orphan” signature pages because there was insufficient evidence that the parties had a meeting of the...more

White and Williams LLP

Signed, Sealed, Delivered, I’m (Not) Yours: How a Lapse in Record Keeping Can Lead to Non-Binding Contracts

White and Williams LLP on

Usually, once a contract is signed, sealed and delivered, it is a binding agreement between the parties. However, a recent Delaware case serves as a reminder that a murky path to a signed agreement and lack of good...more

Polsinelli

The Devil is in the Details: Arbitration Agreements Ruled Invalid Over Signatures

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Employers, dust-off your arbitration agreements and take a second look at the signature line. Is it signed by both parties? Did the employer representative sign on behalf of the correct corporate entity? ...more

Snell & Wilmer

“But I didn’t know what I was signing….”

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In real estate cases—which frequently involve long purchase agreements, loan documents, personal guarantees, deeds of trust, etc.—we’ve likely all had a client or opposing party who trots out the line that they didn’t know...more

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