Murray, partner, Murray, Hogue & Lannis, discusses possible drafting
pitfalls in creating complex indemnity provisions in contracts designed to
manage costs and risks of loss.
This is a
cautionary tale for attorneys who draft contracts -- a warning to avoid a
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"
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
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...
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...
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...
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From the experienced attorney looking to address...
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.
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...
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...
When it comes to policy drafting the provisions get all the glory. And that’s not surprising. But Burlington Insurance Co. v. Eden Cryogenics, LLC, No. 14-66 (S.D. Ohio), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], demonstrates that headings in the...