From Rent to Rights: Building a Solid Lease Abstract
Protect Yourself and Your Business with Indemnification Understanding
AI Today in 5: August 6, 2025, The Rethinking Compliance Episode
Non-Disparagement Tips for Employers
What’s in Your Operating Agreement? Legal Tips for Healthcare Providers
Law School Toolbox Podcast Episode 487: Listen and Learn -- Consideration (Contract Law)
What Does "Cash Free / Debt Free" Mean?
PODCAST: Williams Mullen's Trending Now: An IP Podcast - AI Considerations in M&A Transactions and Contract Drafting
Private Equity and Delaware Law – Part Two
Episode 20 | Reading the Fine Print: Making Your Terms and Conditions Match Your Business Goals and Risks
3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses
Private Equity and Delaware Law – Part One
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
Beyond Regulations: Hospice Business Contracts and Contract Disputes
Structuring DSO/MSO Healthcare Ventures and Practice Acquisitions
Monthly Minute | Global Supply Chain Issues
Everything You Ever Wanted to Know About Buy-Sell Agreements: A Conversation With Expert and Author Paul Hood
Risk Prevention Strategies: Ownership of Employee-Developed Inventions and Intellectual Property
Noncompete Agreements - Traps for the Unwary: Part 1
Roadmap to Joint Venture Agreements: Legal and Accounting Considerations
Multi-step dispute resolution (MSDR) clauses introduce escalating stages of conflict resolution, which are aimed at promoting settlement prior to engaging in full scale litigation or arbitration. MSDR clauses typically...more
The High Court (TCC) recently handed down a notable decision in Pharos Offshore Group Ltd v Keynvor Morlift Ltd [2025] EWHC 1764 (TCC), emphasising the importance of contractual clarity in offshore construction projects. This...more
Conditions precedent are critical provisions in commercial contracts that require specific events or actions to occur before contractual obligations become enforceable. These conditions serve as legal triggers, ensuring that...more
In this Insight, first published in PLC, Shy Jackson considers how settlement agreements, while intended to resolve disputes, can sometimes become the source of further conflict over their interpretation and performance. ...more
In another significant win for commercial landlords, an Ohio Court of Appeals recently affirmed the enforceability of a lease provision allowing a landlord to recover accelerated rent without any duty to mitigate damages. In...more
One of the big differences between how most non-lawyers read a contract, and how most experienced transactional lawyers read a contract, has to do with the definitions....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
The inclusion of limitation and exclusion of liability clauses in contracts entered into in Quebec requires an understanding of civil law and public order restrictions. Since the Supreme Court of Canada (SCC) ruling in...more
La jurisprudence canadienne récente influe sur l’approche que devraient adopter les rédacteurs de textes juridiques au moment de formuler des clauses contractuelles. Des décisions clés, notamment de la Cour suprême du Canada...more
It seems like every few months I hear about a situation where a company can’t enforce a forum selection clause as anticipated because of how it was drafted. Recently, an individual named Sidharth Lakhani fell victim to this...more
Just like many relationships, not all parts of a contract become things of the past when they expire or terminate. One way to ensure that a contractual right or duty applies post-termination is to specify that will it...more
In a post I wrote about a dozen years ago, I quoted Ken Adams, blogger and author of A Manual of Style for Contract Drafting, who, commenting on the oft-used contract clause, “Notwithstanding anything to the contrary in this...more
The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear...more
If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more
The importance of clear drafting cannot be overstated. Ambiguity of language can lead to disputes, costly litigation and unintended outcomes. The recent Court of Appeal judgment in Cantor Fitzgerald & Co v Yes Bank Ltd [2024]...more
English courts will seek to determine the objective meaning of a contractual provision when a dispute as to its interpretation arises. The starting point is the ordinary meaning of the words in the agreement but as and when...more
The Israeli Ministry of Justice recently published a memorandum of law amending the Contracts Law, which seeks to add unique rules of interpretation to business contracts. In the economic press, we saw dramatic headlines...more
It is often appealing for businesses that are under pressure to get contracts signed to turn to template documents. While these templates can be very convenient, it is imperative, especially with regard to liability...more
Every first year law student in the U.S. takes a course on the Law of Contracts. It’s a rite of passage where lawyers-to-be learn all about things like consideration and legally-enforceable promises. And as lawyers, we also...more
There are four basic causes of action involved in pursuing risk transfer. Two based upon contractual requirements which are known as Contractual Indemnification and Insurance Procurement, and two based upon the common law...more
The Court of Appeal has (thankfully) confirmed there are no special rules of interpretation when it comes to relational contracts. This was a dispute about whether Quantum Actuarial had to do what was necessary to...more
A recent Scottish case involving a dispute over the calculation of the purchase price under a share purchase agreement highlights the importance of ensuring that definitions (and other terms in an agreement) accurately...more
Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the...more
Parties exchange drafts of a contract and before signing one party surreptitiously substitutes provisions in the copy to be executed. Some might call this "promissory fraud", but as Justice William Dato explains in an...more
Once again the court looks at the vexed question of the distinction between a guarantee and an indemnity....more