News & Analysis as of

Corporate Counsel Contract Drafting Contract Terms

Bradley Arant Boult Cummings LLP

The Potential Double Whammy: Will the Company Have to Pay the Legal Fees of Disloyal Former Insiders If the Company Sues Them?

In a real-life case of adding insult to financial injury, companies harmed by the disloyal actions of their former partners, officers, managers or employees (the “former insiders”) may also have to pay their legal fees when...more

BakerHostetler

Delaware Court Raises Eyebrows by Striking Down Noncompete in Sale Transaction

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The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant binding upon a seller in a sale...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

Holland & Knight LLP

Shall We Consider the Use of the Word "Shall" Again?

Holland & Knight LLP on

Holland & Knight recently advised on the use of the word "shall" in legal documents. If the authors' arguments in the June 6, 2021, blog post, "Canceling the Word 'Shall' in Leases, Contracts and Legal Forms," were not...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

BCLP

Five Steps for Drafting an Effective “Extenuating Circumstances” Cancellation Policy for Your Consumer Contracts in the United...

BCLP on

As local and national regulations seek to “lower the curve” of infections of the COVID-19 illness, they have forestalled a host of consumer transactions, most notably those regarding travel, hospitality, and community...more

White & Case LLP

Ahead of the pack: US M&A 2019: Key dealmaking decisions from Delaware and New York

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We focus on two H2 2019 rulings that could affect M&A transactions in the future. Genuine Parts: Acceptance of termination fee does not prevent further remedies - In September 2019, the Delaware Chancery Court refused to...more

Nilan Johnson Lewis PA

In-House Lawyers Can Be Subjected to Restrictive Covenant Agreements, A Recent Decision Suggests

Lawyers generally believe non-competes don’t apply to the profession.  That’s mostly true, including for in-house counsel.  A recent court decision calls this into question....more

FordHarrison

Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance

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When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the...more

Troutman Pepper Locke

Court Grounds the Use of Unbargained-for Warranty Disclaimers

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The Pennsylvania Superior Court’s decision in Allen-Myland, Inc. will likely increase liability exposure for manufacturers. In a case of first impression, the Pennsylvania Superior Court recently rejected the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Court Leaves Former Employer Without Remedy After Invalidating Its Overly Broad Restrictive Covenants

Just days before Halloween, the Illinois Appellate Court sent a scary message to employers: We will not enforce or judicially modify your overly broad restrictive covenants! In AssuredPartners, Inc. v. Schmitt, No. 13 CH...more

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