Ways Organizations Can Pursue Legal Collections
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Impact of War on Commercial Contracts and the Global Supply Chain
Law School Toolbox Podcast Episode 267: Listen and Learn -- UCC 2-207 ("The Battle of the Forms")
Williams Mullen's COVID-19 Comeback Plan: Streamlining Your Commercial Contract Negotiations
Bar Exam Toolbox Podcast Episode 98: Listen and Learn -- The "Battle of the Forms" under UCC 2-207
Bar Exam Toolbox Podcast Episode 71: Tackling an MEE Contracts Essay Question
The Benefits of Commercial Item Contracting
What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability...more
Commercial contracts are typically represented by two separate, yet equally important, components: the master agreement that contains primarily legal terms, and the ordering documentation that contains primarily commercial...more
Commercial contracts are a foundational element of any business. Whether you’re a startup, a well-established company, or somewhere in between, these agreements set the stage for how business will be conducted, outline roles...more
The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more
Over the past 30 years, the United Kingdom and Australia have helped shape the global PPP landscape, setting the standard for private sector involvement in infrastructure delivery. As both countries now scale back their use...more
Seasoned global insolvency professionals are aware that the Bankruptcy Code is the governing law of Chapter 11 cases. The US Bankruptcy Code contains the phrase "unless applicable non-bankruptcy law provides otherwise" in...more
Algeria, a country with a rich history in hydrocarbon production, is making significant strides in attracting global oil and gas investments. The National Agency for the Valorization of Hydrocarbon Resources (ALNAFT) has...more
Virtually every bank’s form lending program agreement we’ve negotiated for our fintech clients has come with an exclusivity provision. The bank’s policy behind them is simple: We’ve put in the time, effort, expertise...more
And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more
Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more
Saudi’s evolving legal system now allows companies and individuals to use electronic signatures in commercial transactions, reducing reliance on traditional wet ink signatures. Electronic signatures have been legally...more
The second Trump administration started with a bang. There has been an almost weekly focus on implementing and expanding tariffs on a variety of goods imported into the United States. These tariffs are aimed at protecting...more
On Wednesday, April 2, the Trump administration announced its “Liberation Day” tariff policy. The policy imposes tariffs that are effective immediately and that are expected to last indefinitely. Leaving aside the politics...more
Commercial contracts tend to be full of “boilerplate provisions” that, to paraphrase Mark Twain’s assessment of classic novels, everyone knows are important, but no one actually reads. When COVID-19 struck, manufacturers...more
The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more
A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more
Join Anders Sleight and Niall McMillan from Offit Kurman in this episode of the Litigators Lounge as they delve into the intricacies of legal collections. Discover essential tips for pursuing past due accounts, enforcing...more
As the adage goes, you can’t change the wind, but you can adjust the sails. Manufacturers and other businesses engaged in cross-border transactions should adjust their sails to proactively address the uncertain tariff...more
The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC. A commercial lease co-tenancy clause conditions a...more
Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure...more
In the context of a contract with hundreds of pages and multiple schedules, exhibits, appendices, and annexes, contractual language can be difficult to reconcile. Multiple provisions can appear to address a certain situation....more
In Kigen v NOR Capital, the High Court was asked to interpret a clause to determine whether a “Success Fee” was payable by one party to the other. In a useful illustration of how to apply the established principles of...more
If you are involved in a dispute concerning a written, but unsigned, commercial or business contract, do not assume that the lack of signatures makes the agreement unenforceable....more
A federal court in Texas denied a manufacturer’s motion to dismiss its dealers’ claims of wrongful termination and breach of contract. Cooper Equip. Co. v. Hitachi Constr. Mach. Americas, Inc., 2024 WL 4467536 (W.D. Tex. Oct....more
The Second Circuit recently affirmed the dismissal of claims under the New York Franchised Motor Vehicle Dealer Act and various contract claims. Garrand Bros. LLC v. Am. Honda Motor Co., 2024 WL 4691004 (2d Cir. Nov. 6,...more