News & Analysis as of

Terms and Conditions Contract Drafting

Pullman & Comley, LLC

Hidden Terms Best Uncovered with Thorough Diligence

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One of the most important steps in any mergers and acquisitions (M&A) transaction is the examination of the target’s written contracts to review the terms and conditions of each, to evaluate whether those continuing...more

Venable LLP

Are Your Website Terms Enforceable? Maybe Not, According to These Recent Decisions

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​​​​​​​Whether they refer to their online terms as "website terms and conditions," "terms of use," or something else, online marketers and sellers often seek to enforce contracts to manage the relationships with their...more

Quarles & Brady LLP

Supply Chain Survival Series: What Contract Terms Apply? (Article #3)

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After working through two different customer disputes in as many weeks, you finally come up for some air. While you have the opportunity, you decide it is time to review ABC Corp.’s contracting practices for buying and...more

Orrick, Herrington & Sutcliffe LLP

How Can Emerging Tech Companies Build a Business to Avoid Litigation?

Disputes with vendors, business partners, customers and employees are inevitable. However, they are not top of mind when an emerging tech company has its sights set on growth. Many contentious issues can be avoided or reduced...more

Quarles & Brady LLP

Supply Chain Survival Series: Introduction (Article #1)

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It’s Friday at 3:00 p.m. at ABC Corp., and Mike from purchasing enters your office, slumping into his chair with a heavy sigh. Prime resin is in short supply. The next delivery will be weeks late, only half your order can be...more

Stinson LLP

Get the Goods – Replace Standard Terms & Conditions with an MSA to Mitigate Risk

Stinson LLP on

For more than 20 years, the supply chain issues were relatively minor, and problems with obtaining goods using Just in Time logistics and lowest price models were few. Supply was ample and demand steady. The last two years...more

Bodman

What do M&M’s Candy and Complex Contract Reviews Have in Common?

Bodman on

If you know music, you know Van Halen. The Hall of Fame rock band turned out several hit singles and was known for their virtuoso guitar riffs, great hair, lavish lifestyles, and a penchant for M&M candies. That’s right,...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Acceptance Requirements in Service Agreements

The inclusion of acceptance requirements, including acceptance criteria for key activities and deliverables, within a service agreement can provide a blueprint for a service engagement’s success, and should not be overlooked...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Creating Enforceable Contracts

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Dorsey & Whitney LLP

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

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A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

Bracewell LLP

Implied Terms: Fairness in hindsight is insufficient

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The Court of Appeal’s judgment in Bou-Simon v BGC Brokers LLP [2018] EWCA Civ 1525 reaffirms the law on implied terms. The Court also offered some interesting non-binding views on the circumstances in which words deleted from...more

A&O Shearman

Contract formed before more detailed terms agreed

A&O Shearman on

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC), 25 October 2016 - This case highlights the risks where a simple contract is found to have been formed before more detailed terms are agreed. The court...more

Foley & Lardner LLP

GM (Again) Revises Its Terms and Conditions, This Time in Response to Continued Supplier Concerns

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In July 2013, GM rolled out major changes to its general terms and conditions for its contracts, imposing the most extensive changes for its suppliers in several decades. On this blog, we covered the changes and extensively...more

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