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Winter 2019 - 2020
Vinayak Kohli
over 7 years ago
Practical Guidance Journal
pa
Navigating Compliance Concerns
By: Terrance Oben OBEN LEGAL THIS ARTICLE DISCUSSES PRACTICAL STEPS THAT companies can take to successfully embed...
Vinayak Kohli
over 7 years ago
Practical Guidance Journal
pa
Drafting Advice: Avoiding Accidental Contracting
By: Timothy Murray , Murray, Hogue & Lannis THERE IS A STAGGERING AMOUNT OF LITIGATION involving disputes over whether a binding contract was formed during contract negotiations. In a typical case of this kind, the parties agree on many issues while...
Vinayak Kohli
over 7 years ago
Practical Guidance Journal
pa
Contractual Joint Ventures – Drafting and Negotiating Joint Marketing Agreements
By: Candice Choh and Kari Krusmark, GIBSON, DUNN & CRUTCHER LLP A joint marketing agreement is a contract pursuant to which one or both of the parties will collaborate in order to promote the sale of product and service offerings of the other party...
Vinayak Kohli
over 7 years ago
Practical Guidance Journal
pa
Contract Drafting Concerns: Beware Browsewrap
By: Timothy Murray , MURRAY, HOGUE AND LANNIS With the e-commerce explosion, sellers are peddling goods and services over their websites at unprecedented rates. From a contract law perspective, this ought to be a seller’s nirvana: the seller alone...
Vinayak Kohli
over 6 years ago
Practical Guidance Journal
pa
Drafting Exclusion of Consequential Damages Clauses
By: Timothy Murray ONE TIME, I WAS REVIEWING THE TERMS OF A PROPOSED contract with an executive for a client that was buying a product for a significant sum of money. The document had been drafted by the seller, and it contained the customary provision...
Vinayak Kohli
over 6 years ago
Practical Guidance Journal
pa
Drafting Blunder: Hiding Contractual Provisions in Documents That Don’t Look, Feel, or Smell Like Contracts
By: Timothy Murray , Murray, Hogue & Lannis BUSINESSES OFTEN CONDUCT THEIR TRADES BY UTILIZING documents that don’t appear to be contractual in nature but that contain contractual provisions—the information brochure accompanying a smartphone...
Vinayak Kohli
over 7 years ago
Practical Guidance Journal
pa
Drafting Advice: Avoiding Disastrous Force Majeure Clauses
By: Timothy Murray MURRAY, HOGUE & LANNIS Botched Force Majeure Clauses Expose Your Client to Needless Risk As if on autopilot, attorneys sometimes tack onto their contracts generic force majeure clauses, just because everybody else does it, without...
Vinayak Kohli
over 5 years ago
Practical Guidance Journal
pa
Drafting Landmines: Warranties for the Sale of Goods
By: Timothy Murray , Murray Hogue and Lannis The word warranty isn’t just mired in confusion; it leaps, dives, and wallows in it. It means so many different things that the great Karl Llewellyn, the chief architect of the Uniform Commercial Code...
Vinayak Kohli
over 6 years ago
Practical Guidance Journal
pa
The Misunderstood but Critically Important Merger Clause
By: Timothy Murray , Murray Hogue & Lannis ONE TIME IN AN ARBITRATION, THE PLAINTIFF CLAIMED that my client, the defendant, breached an alleged oral agreement that my client denied entering into. It was undisputed that after the alleged oral agreement...
Vinayak Kohli
over 5 years ago
Practical Guidance Journal
pa
Coronavirus and Force Majeure Checklist
By: Glenn Gordon , Lexis Practice Advisor This Coronavirus and Force Majeure Checklist provides guidance on issues and measures counsel should consider when determining the applicability of the coronavirus with respect to force majeure clauses in your...
Vinayak Kohli
over 5 years ago
Practical Guidance Journal
pa
Drafting Choice-of-Law Provisions
By: Timothy Murray , Murray, Hogue & Lannis ONE TIME I FOUND MYSELF ON THE SET OF A HOLLYWOOD soundstage for a popular television show about a lawyer. In the law library of the fake TV law firm, I noticed something that viewers at home couldn’t...