News & Analysis as of

Contract Drafting Risk Management Contract Terms

Stinson LLP

Colorado Legislation Tackles Algorithmic Discrimination in AI

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Colorado is the first state to enact a comprehensive artificial intelligence (AI) law to protect consumers against discrimination after a nearly identical bill failed to pass in Connecticut. The purpose of the Colorado...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

BakerHostetler

DSIR Deeper Dive: Data Processing Addendums: Indemnities, Limitations of Liability and the Cost of a Data Breach

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When negotiating technology or data services contracts, businesses of all sizes and industries are now spending more time and attention on privacy controls. The increasing prevalence of comprehensive U.S. state privacy laws...more

A&O Shearman

Can you contract with yourself?

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While looking at the recoverability of damages, the High Court has taken a look at whether you can contract with yourself. When thought of in humans terms, the answer seems obvious: surely my left arm cannot contract with my...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Miller Nash LLP

[Webinar] Cannabis, Insurance, and Risk Management: Tools to Prevent Loss and Make Insurance a Profit Center - March 29th, 12:00...

Miller Nash LLP on

Cannabis operators and ancillary service providers face mounting losses and liabilities from theft, cyber-attacks, natural disasters, product recalls, text marketing, and employment wage and hour issues. In 2022, risk...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...

Seyfarth Shaw LLP on

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

Whitman Legal Solutions, LLC

Adding a Coronavirus Force Majeure Provision to Your Contract

Anatomy of a Force Majeure Clause Force majeure provisions excuse a party from performing under a contract if certain “force majeure” events happen. Force majeure clauses are standard in some real estate industry...more

Seyfarth Shaw LLP

Applicability of Force Majeure and Impossibility in the Wake of COVID-19 Under New York Law

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In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more

Polsinelli

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

Polsinelli on

COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more

Gray Reed

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

Gray Reed on

Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their...more

Troutman Pepper

Your Contracts in a Coronavirus World

Troutman Pepper on

The coronavirus (COVID-19) pandemic continues to have a devastating impact on human health, life and economic activity around the world. The virus has caused severe disruptions to the global economy, including the banning of...more

White and Williams LLP

Drafting and Enforcing Force Majeure Clauses in the Wake of COVID-19: Details Matter

White and Williams LLP on

The COVID-19 virus, now on the shores of the United States, continues to impact U.S. businesses at an increasing velocity. With workers contracting the virus across the globe and unable to perform their jobs, business owners...more

Lowndes

Coronavirus – Does Force Majeure Apply?

Lowndes on

The coronavirus has disrupted the economy and business activity, making it difficult or challenging for some parties to honor their contractual obligations. In fact, it is apparent that parties are terminating their...more

Seyfarth Shaw LLP

Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions

Seyfarth Shaw LLP on

Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen...more

Gray Reed

Risky Business: Using a DBA or Trade Name in Corporate Contracts

Gray Reed on

In Texas, Frasier is likely a party to—and liable for—the contracts that he signed using a trade or “doing business as” (DBA) name. The rules governing an agent’s liability for contracts that he signs on a company’s behalf...more

Winstead PC

[Webinar] Investment Insights -- Is it Time to Renegotiate Your Vendor Agreements?- June 20th, 10:00am CT

Winstead PC on

This presentation will cover what you need to know to avoid unnecessary legal risk and imbalanced risk allocation. A concise look at the latest trends, key provisions, and common tricks in commercial contracts, as well as a...more

Robinson+Cole Data Privacy + Security Insider

Fully Executed Contracts are Preferred

We have been involved in several situations lately with security incidents where we ask our clients for the final executed contract with the vendor that we believe caused the incident, but the contract that we receive has not...more

Gray Reed

The Calm After the PR Storm: Recovering Damages from the Offender

Gray Reed on

Last month, Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI. Facing a PR crisis Duncey’s board of directors called an emergency meeting. ...more

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