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Contract Disputes Contract Terms Corporate Counsel

Pillsbury Winthrop Shaw Pittman LLP

Navigating Tariff Developments in Government Contracting

Recent changes in U.S. trade policy necessitate a thorough understanding of FAR and DFARS clauses related to cost recovery, duties and taxes....more

Bradley Arant Boult Cummings LLP

Bad Formatting Dooms Proposal and GAO Bid Protest

In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging a...more

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

Fenwick & West LLP on

On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

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Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Bradley Arant Boult Cummings LLP

What to Do if Your Federal Contract was Wrongfully Terminated by the Government

Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more

A&O Shearman

Keeping the Faith: English Court of Appeal Considers Contractual Good Faith Provision in Shareholder Agreement

A&O Shearman on

The English law concerning contractual duties of good faith (express and implied) has received considerable judicial attention in recent years. It will therefore be of interest to those who use English law contracts,...more

Allen Matkins

Acceptance Or Counteroffer?

Allen Matkins on

A California Court of Appeal opinion published yesterday highlights the importance of understanding how and when a contract is formed.  The case from an attorney's letter to an insurance offering to settle his client's claim...more

Dorsey & Whitney LLP

Chancery Opinion Provides First Delaware Court Guidance on COVID-19’s Impact on MAE Provisions and Ordinary Court Course Covenants

Dorsey & Whitney LLP on

On November 30, 2020, Vice Chancellor Laster of Delaware’s Court of Chancery issued the first case where the pandemic provided a company with the ability to walk away from its contractual obligations in a sale transaction,...more

Bowditch & Dewey

[Webinar] New Contracts: Pandemic Impact on Contract and Transaction Due Diligence - October 27th, 3:00 pm - 4:00 pm ET

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During times of economic turbulence and commercial uncertainty, your business team and corporate counsel are well advised to undertake a more deliberate and thorough due diligence process when entering into contract and...more

Littler

Revisiting Restrictive Covenants in a Commercial Setting: The California Supreme Court Applies a Less Aggressive Approach

Littler on

California is known for having the most aggressive approach among the states regarding restraints on profession, trade, and business. Specifically, California Business and Professions Code section 16600 codifies this...more

Dorsey & Whitney LLP

Coronavirus and Contractual Performance Disputes - Does a Pandemic Excuse Performance of Contractual Obligations?

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The daily headlines are reminders of the far-reaching economic ripple effects of the 2019 Novel Coronavirus (COVID-19) outbreak. The pandemic is forcing companies to abruptly alter strategies and business plans that seemed...more

Robins Kaplan LLP

Delaware Supreme Court Increases Damages from $1 to $126 Million, Holds Chancery Misapplied Efficient Breach Doctrine

Robins Kaplan LLP on

On May 2, 2019, Justice Traynor authored a unanimous opinion in which the Supreme Court of Delaware, sitting en banc, reversed a decision by Vice Chancellor Laster of the Delaware Court of Chancery awarding Leaf Invenergy...more

Carlton Fields

Second Circuit Holds Arbitration Clause Found in Hyperlink in a Confirmation Email Unenforceable

Carlton Fields on

SquareTrade, Inc. (“SquareTrade”) sells protection plans for consumer products. Adam Starke (“Starke”) purchased a SquareTrade plan from Amazon to cover a CD player ordered from Staples....more

Shumaker, Loop & Kendrick, LLP

Winning Commercial Litigation: Terms and Conditions, Strategy and Execution

Commercial litigation is an inevitable part of the business world. Companies make efforts to prevent and avoid disputes. . .however, when such disputes are unavoidable, companies seek to eliminate, or at least minimize, loss...more

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