News & Analysis as of

Contract Drafting Contract Negotiations Risk Management

Volpe Koenig

Don’t Let AI Negotiate Your IP Future

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Artificial Intelligence (AI) tools, especially large language models, are transforming many aspects of legal work, including contract drafting. They can generate polished-looking text in seconds and even assist in assembling...more

Cimplifi

Stay Ahead of Tariff Volatility with Smarter Contracts

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In a time of shifting global trade policies, tariff adjustments, and regulatory oversight, the fine print in your contracts has never mattered more. Long-term strategic agreements can now turn into urgent liabilities with a...more

Foley & Lardner LLP

Tariffs and Your Contracts: Why do termination rights matter?

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In addition to reviewing your commercial contracts for how new or increased tariff costs are allocated, another key area to evaluate is whether either party has the right to terminate the contract. If one party gets upside...more

Potomac Law Group, PLLC

Insuring Success: How Contractual Insurance Provisions Safeguard Your Business Deals

When negotiating your organization’s contracts, you may be tempted to assume that including an insurance provision requiring your counter-party to maintain adequate policies covering their obligations to you is relatively...more

Clark Hill PLC

Direct vs. Consequential: Why precise contract language matters

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When entering into a construction contract, it is important to understand and account for the differences between direct damages and consequential damages, as these differences can determine what damages may be recoverable....more

A&O Shearman

Cost reimbursable vs. lump sum turnkey construction contracts: the many routes to bankability

A&O Shearman on

In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders...more

Blake, Cassels & Graydon LLP

Clauses clés dans les contrats de construction : Conseils pratiques pour assurer la réussite des projets

Le contexte juridique et commercial au sein du secteur de la construction étant en constante évolution, les contrats connexes doivent suivre le pas. Ces dernières années, les tribunaux et les parties contractantes mettent...more

Adams & Reese

Protecting Your Mission: A Veteran Business Owner’s Guide to Contracts

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Contracts are the bedrock of any successful relationship between business owners and their clients, vendors, and/or partners. They are legally binding agreements that clarify expectations, define responsibilities, and provide...more

Cohen Seglias Pallas Greenhall & Furman PC

Managing Construction Contracts in an Era of Tariffs and Escalation

Tariffs, trade tensions and material cost escalations are more than just headlines—they are challenges that contractors face every day. In our recent Q&A webinar, we tackled contractors’ pressing questions on protecting...more

Goodwin

Crafting a Competitive LOI in Lower Middle Market M&A

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In the lower middle market — typically deals between $10 million and $100 million — the letter of intent (LOI) serves as a pivotal document that sets the tone for the transaction, shapes the seller’s expectations, and...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

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Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

A&O Shearman

Disputes 101 – How to get out of a contract or obligation

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Back to basics – Do you even have a contract? Generally, a contract will be formed when parties come to an agreement through offer/acceptance. This doesn’t typically create problems where there is a written agreement between...more

Gray Reed

Uncover Hidden Treasures: Cost Savings in Your Existing Contracts

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Companies routinely sign contracts and promptly file them away, often neglecting to thoroughly review the terms and costs agreed to. The truth is major cost reductions regularly lurk unnoticed within signed contracts....more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

McDermott Will & Schulte

[Webinar] Privacy and Cybersecurity Contracting: What’s the “Deal”? - June 29th, 12:00 pm - 1:00 pm EDT

Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Technology and Compliance Conference - June 23rd, 8:55 am - 3:30 pm CDT

How to ensure emerging technologies help rather than hurt your organization - Technology represents the classic double-edged sword for compliance and ethics professionals. When properly utilized, it can be a vital tool,...more

Frantz Ward LLP

Episode 20 | Reading the Fine Print: Making Your Terms and Conditions Match Your Business Goals and Risks

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As Pete Seeger said, "Education is when you read the fine print; experience is what you get when you don't." As world events continue to have lingering impacts on the transaction of business, some companies are learning the...more

Mitratech Holdings, Inc

5 Ways CLM Mitigates Contract Risks & Costs

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As companies grow, enter more diverse markets and more diverse customer, partner, and vendor relationships, there’s an increasing potential for risks and costs related to contracts and agreements. A Contract Lifecycle...more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

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Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...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

Best Best & Krieger LLP

Best in Law: Contracts During the COVID-19 Pandemic

BB&K Attorney Todd Gee Shares Key Actions During a Pandemic in the Southern California Newspaper Group - The COVID-19 outbreak is a striking example of how something unexpected can upend a wide variety of industries in an...more

WilmerHale

Drafting Force Majeure Clauses in Light of the COVID-19 Pandemic

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In a previous client alert, we described the contractual issues that companies should assess under force majeure clauses in their existing contracts in light of the COVID-19 pandemic caused by the novel coronavirus and...more

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

Katten Muchin Rosenman LLP

Force Majeure: Friend or Foe Amidst COVID-19

This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more

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