Today most Texas practitioners understand the need to expressly set out the types of negligence they wish to receive or give indemnity upon to an indemnitee. They also understand, and most generally comply with the requirement for conspicuousness... Read More
This continues my series of posts deconstructing the legal gobbeldy-goop in employment agreements. Today I'll talk about a clause I often see in severance agreements: the cooperation clause. It may look something like this: Employee agrees to cooperate... Read More
The links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE The classical view enforces liquidated damages clauses constituting a reasonable estimate of damages in the... Read More
This will continue my attempt to explain some of the legal mumbo jumbo in your employment contract, and why the lawyers put it there. Today, I'll talk about confidentiality. You may see a sentence or two in your agreement that look something like... Read More
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... Read More
by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non... Read More
The interplay between contract and patent law is examined by Timothy Murray, Esq. in the context of Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Inc., 591 F.3d 876 (7th Cir. 2010). NOTE: The links below may be accessed by lexis... Read More
The U.S. Supreme Court held in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010) that a challenge to the validity of an arbitration agreement that contains a provision delegating to the arbitrator exclusive authority to resolve threshold... Read More
Getting to the bottom of any contract issue before you jump in and begin drafting is an important part of any transactional attorney’s job. And in today’s market, resolving issues before you put pen to paper and having easy access to recent... Read More
In Huffman v. The Hilltop Companies [ an enhanced version of this opinion is available to lexis.com subscribers ], the 6th Circuit addressed an issue of first impression: the application of the strong presumption in favor of arbitration in a post expiration... Read More