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By: Timothy Murray MURRAY, HOGUE & LANNIS A mid-level executive at a client’s company routinely included a smiley face on everything the executive wrote. It didn’t matter what it was—a letter, a greeting card, and presumably even...

By: Timothy Murray , Murray, Hogue & Lannis. SECTION 2-207 OF THE UNIFORM COMMERCIAL CODE (UCC) was supposed to resolve these questions: (1) Is a contract formed when parties exchange forms that contain nonmatching terms and the parties don’t...

By: Timothy Murray , Murray, Hogue & Lannis Parties drafting contracts often want to set in stone the precise dollar amount of damages that will be awarded in the event of a breach, commonly called liquidated damages. The idea is that if a breach...

By: Timothy Murray , Murray, Hogue and Lannis Arbitration agreements are supposed to ensure that disputes are resolved outside of court, and that’s why it’s an irony of almost cosmic proportions that “the enforceability of arbitration...