LexisNexis® Legal Newsroom
Beware of Losing Benefits of an Indemnity Provision Elsewhere in the Contract

Timothy Murray, partner, Murray, Hogue & Lannis, discusses possible drafting pitfalls in creating complex indemnity provisions in contracts designed to manage costs and risks of loss. The author writes: This is a cautionary tale for attorneys who draft contracts -- a warning to avoid a common...

Note to Self

Note to Self: Remember not to unilaterally change the text of contracts that have been signed ( via Adams Drafting ), even if it's only to "fix" them: The dispute over who owns the Dodgers may turn on one word. It is the 12th word of the second paragraph of the first exhibit of an agreement...

Fourth Circuit Triples Settlement Amount Because Of "Drafting Error" In Offer Of Judgment

If you are making an Offer of Judgment per Rule 68 of the Federal Rules of Civil Procedure , be sure to think about whether to include costs and attorneys' fees in the amount offered. Yesterday, the Fourth Circuit underscored the need for "precise drafting" of such Offers,and required...

Survival of Reps and Warranties: Drafting Lessons from the Delaware Court of Chancery

Last week Chancellor Strine of the Delaware Court of Chancery issued an opinion in GRT, Inc. v. Marathon GTF Technology, Ltd. , No. 5571-CS (Del. Ch. July 11, 2011) , addressing whether a provision in a joint venture contract that particular representations would survive for one year and thereafter...

Drafting General Releases After Centro: How to Preclude or Preserve Future Claims of Fraud and Breach of Fiduciary Duty

by Eric L. Goldberg, Thomas D. Kearns and Thomas J. Fleming The N.Y. Court of Appeals in Centro Empresarial Cempresa v. America Movil, decided the enforceability of general releases to preclude future claims of fraud and breach of fiduciary duty. Eric L. Goldberg, Thomas D. Kearns and Thomas J. Fleming...

Lexis® Practice Advisor: Online Practical Guidance for Transactional Attorneys

Lexis® Practice Advisor gives attorneys who handle transactional matters fast, one-stop access to practice notes, checklists and forms reflecting the most current thinking, from leading practicing attorneys, providing expertise at your fingertips. From the experienced attorney looking to address...

How to Simplify and Improve Any Contract

by Thomas L. Bowden, Sr. You get an agreement from a new vendor. You start to read it and your eyes glaze over. "In the event that....provided, however,.....including but not limited to...... For the avoidance of doubt.........." And on and on it goes. What gobbledygook. Of course...

When Negotiating Contract, Trying to Slip in Changes Undetected Can Lead to Fraudulent Inducement Claim

One common problem when negotiating contracts is keeping track of all the revisions the other side makes without having to re-read the entire contract again and again. Microsoft Word's "track changes" feature is helpful but can still lead to confusion when not used properly. Even when the...

3D printer with tablet

The Most Dangerous Item On A Construction Site?

By George M. Nicholos , associate, Vandeventer Black LLP What is the most dangerous item on a construction worksite? You might guess heavy machinery, cranes, or careless construction workers? But you would be wrong, because ironically the most dangerous item on the construction worksite is made...