(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
5 Key Takeaways | State Sales Tax in 2024: What Every Retailer Needs to Know
Supply Chain Disruptions with Special Guest Chris Mills, CEO of Lion Brand Yarn
PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review
Matt Silverman on Export Compliance
Navigating Section 889 of the 2019 National Defense Authorization Act
SO VERY HARD TO GO (NOT)! In Pursuit of Puerto Rican Tax Incentives
Prohibitions on Use of Chinese Telecommunications Equipment and Services, Complying with the NDAA
Williams Mullen's COVID-19 Comeback Plan: Part I – Doing Business With the Commonwealth of Virginia
Williams Mullen's COVID-19 Comeback Plan: Selling Products and Services to the Federal Government
Podcast: State Taxation of Digital Health Products
Jones Day Presents: Advantages of Blockchain in Trade Finance
In recent articles, we discussed rights and obligations arising from breaches of contract. However, at times goods may be damaged or destroyed during transit, without any fault on the part of the seller or the buyer. In this...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 Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more
As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for selling commercial products and commercial services to the federal government. While...more
Co-branding has helped mega worldwide brands increase their sales and their reach. BMW and Louis Vuitton partnered their luxury brands with the automaker creating an i8 sports car with space for a four-piece set of luggage...more
As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential...more
The Uniform Commercial Code (“UCC”) is a comprehensive set of laws governing commercial transactions. It was designed and drafted with the aim of standardizing, harmonizing, and simplifying the laws around commercial...more
Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more
In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more
The Digital Markets, Competition and Consumers Act 2024 (DMCCA) has recently received royal assent, following the announcement of the July General Election. We examine the key developments in our previous article. One very...more
Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more
On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...more
Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more
In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more
In Parker-Grennan v. Camelot UK Lotteries Limited1, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online....more
Online terms and conditions have long been a challenge for businesses. How can you simultaneously ensure a consumer is made aware of the key terms of an online contract (so they are incorporated into the contract) whilst also...more
Do you know who your counterparty is? Most of you reading this article will respond – of course, I do. At the start of the business relationship, accounting performed its due diligence, checking for any red flags to...more
In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more
On June 12, Judge Hudson granted an emergency motion to stay arbitration proceedings, pending the court’s resolution of the issue of arbitrability in a case pending in the U.S. District Court for the Eastern District of...more
Michigan law requires contracts for the sale of goods worth $1,000 or more to be in writing and provide a quantity term. On July 11, 2023, the Michigan Supreme Court ruled in MSSC, Inc. v. Airboss Flexible Products Co....more
In South West Terminal Ltd. v. Achter Land & Cattle Ltd., 2023 SKKB 116, the King’s Bench for Saskatchewan (the “Court”) ruled that a “thumbs-up” emoji can convey acceptance of a contract. The ruling, which has garnered...more
Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable. In many cases, the answer is “yes”. “In the absence of a contravening public policy, exculpatory provisions...more
Starting July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act will prohibit warranties for consumer products sold in California from beginning their term on the date of sale. If an express warranty is...more
When negotiating distribution agreements, sometimes manufacturers overlook the significance of termination clauses. After all, if you are in the process of making an agreement with a new distributor, why take the time to...more