The Lexis Practice Advisor Journal™ Practical Guidance Backed by Leading Attorneys

Commercial Transactions

Drafting Blunder: Hiding Contractual Provisions in Documents That Don’t Look, Feel, or Smell Like ContractsPosted on 09-12-2018

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 might include a mandatory arbitration clause;... Read More

Liquidated Damages Drafting BlundersPosted on 06-22-2018

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 occurs, this provision makes it unnecessary for... Read More

Insurance Coverage Issues Created by The InternetPosted on 02-28-2018

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 of Things (IoT) refers to the network of these... Read More

Drafting Advice: Avoiding Disastrous Force Majeure ClausesPosted on 02-28-2018

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 bothering to tailor the clause to the particular... Read More

Drafting Advice: Avoiding Accidental ContractingPosted on 12-19-2017

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 negotiating a deal, but they intend to execute... Read More

Navigating Compliance ConcernsPosted on 10-31-2017

By: Terrance Oben OBEN LEGAL                                    THIS ARTICLE DISCUSSES PRACTICAL STEPS THAT companies can take to successfully embed a positive compliance culture and outlines a... Read More

Contract Drafting Advice: The “Battle of the Forms” DemystifiedPosted on 09-27-2017

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 sign off on a single document? (2) If so, what... Read More

Current Updates and Legal Developments - Fall 2017Posted on 09-27-2017

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 account of an individual’s sexual orientation... Read More

Contract Drafting Concerns: Beware BrowsewrapPosted on 06-07-2017

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 establishes the legal terms to govern transactions... Read More

Contractual Joint Ventures – Drafting and Negotiating Joint Marketing AgreementsPosted on 06-07-2017

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. Such a contractual joint venture agreement may... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Winter 2017Posted on 02-09-2017

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 of Texas preliminarily enjoining implementation... Read More