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Sherica Celine
over 2 years ago
Legal Insights Blog
Practical Guidance
What You Need to Know about Common Law Fraud Claims in Commercial Transactions
This practice note provides guidance on investigating allegations of fraud in the business context, including pleading and establishing a fraud claim, personal liability for fraudulent acts, and defenses to business fraud claims. Read now » ...
Sherica Celine
over 2 years ago
Legal Insights Blog
Practical Guidance
Make the Right Call ... to Your Customers
If you have clients that contact consumers by telephone, text, or fax, learn about the Telephone Consumer Protection Act (TCPA) and ensure that they comply with its requirements. READ NOW » Related Content TCPA Reference Guide (Autodialed...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Survey Your Private Security
Check out this state law survey to acquire an understanding of the state laws and regulations governing private security and investigation services, including initial licensing requirements; licensing renewal periods and requirements; bonding requirements;...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Contracting with the Government When You're Small
Learn about small business contracting with the federal government, including the Small Business Administration’s contracting program, the requirements in the Small Business Act, the advantages of set-aside and sole source contracts, and small business...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
What's Your Remedy?
Gain an understanding of defining and limiting remedies in commercial transactions, including available remedies, limiting and excluding remedies, and special rules that govern buyer’s remedies in sale of goods contracts. READ NOW » Related...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
What's Your Excuse? Prior Conditions That Will Excuse Contract Performance
Acquire knowledge about various conditions that may arise before contract formation that will justifiably excuse a party's performance obligations. READ NOW » Related Content Excuses for Nonperformance: Conditions Following Contract...
Sherica Celine
over 3 years ago
Practical Guidance Journal
pa
Rules, Rules, Rules . . . Contract Law Is Awash in Rules (That Too Many Attorneys Don’t Know)
By: Timothy Murray MURRAY , HOGUE & LANNIS I was asked by a company to revise its standard boilerplate legal terms found on the back of its purchase order form so that its terms would prevail in a battle of the forms contest—where contracts...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Legalize It - Notarize It!
Learn about important issues regarding the self-authentication process of evidence through the use of an apostille or a notary public, including the importance of self-authentication, the authentication of foreign and domestic documents, and applicable...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Where Are You Housing Your Goods?
This practice note provides information and resources addressing the use of warehouse facilities in the supply chain, public warehouses, bonded warehouses, storage agreements, and warehouse receipts under Article 7 of the Uniform Commercial Code. READ...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
This is Going to Require All of Your Output
Gain information on output and requirement contracts under Article 2 of the Uniform Commercial Code, including the impact of material changes in the seller's output or the buyer's demand, good faith requirements, the use of estimates, and important...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
You Want it When?
Learn about using time is of the essence clauses in commercial contracts, including its application in sales transactions governed by the Uniform Commercial Code, and obtain guidance on how to effectively utilize such provisions in your clients’...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
How to Respond to Consumer Complaints Made Against Your Client on Social Media
Acquire knowledge on how parties in the supply chain should respond to consumer complaints made on social media platforms, including how to remain in compliance with applicable law when responding to such complaints. READ NOW » Related Content...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Do You Know Who You're Dealing With?
Gain knowledge regarding measures that counsel for suppliers can take to contractually mitigate exposure with respect to third-party participants in the supply chain. READ NOW » Related Content Supply Chain Fundamentals Read an overview...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Protect Your Trade Secrets or Pay a Heavy Toll
Learn about various protective measures companies can take to protect their trade secrets and other intellectual property when entering into a toll manufacturing transaction. READ NOW » Related Content Protecting Trade Secrets and Intellectual...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Are You Ready to be Compliant?
Acquire an understanding of the benefits of adopting an effective legal compliance program, including how a compliance program can help prevent violations of law (and the potential consequences of such violations), reduce liability for misconduct, and...
Sherica Celine
over 3 years ago
Practical Guidance Journal
pa
A Briefing on Emerging Issues Impacting Transactional Practice - Winter 2017
FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District...
Sherica Celine
over 3 years ago
Practical Guidance Journal
pa
Insurance Coverage Issues Created by The Internet
By: Ellen MacDonald Farrell and Rachel P. Raphael Crowell & Moring Today, billions of different devices are connected to the internet, and the internet-capability of everyday objects is expected to grow exponentially in the years to come. The Internet...
Sherica Celine
over 3 years ago
Legal Insights Blog
Practical Guidance
Why Litigate When You Can Arbitrate?
This resource kit provides information and resources on domestic and international arbitration of commercial disputes. READ NOW » Related Content Arbitration Advantages and Disadvantages Read about the advantages and disadvantages of arbitrating...
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
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
Contract Drafting Advice: The “Battle of the Forms” Demystified
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...
Vinayak Kohli
over 7 years ago
Practical Guidance Journal
pa
Current Updates and Legal Developments - Fall 2017
SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7 RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination on...
Vinayak Kohli
over 8 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 8 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...
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