Insights
From the team.
1158 articles on contract law, deals, policy and legal technology, including the full Clausehound and DealPrep blog archives.
What Can be Included in Marriage Contracts?
Parties may enter into marriage contracts to address issues they could face during their marriage and that may arise upon the breakdown of marriage.
Consulting Contract Should Include Standard of Care that is Reasonable for the Particular Profession of the Consultant
It is a good idea to have a clause in your contract that defines the standard of care, to ensure that the other party does not attempt to include a higher standard,...
Settlement Agreement Must Clearly Describe the Claims Covered by the Agreement
A good settlement agreement should clearly defines the effect the agreement will have on future and current claims, and whether it applies to all claims between the parties, or only those claims...
The New American Arbitration Association Rules Require Teleconference
The New American Arbitration Association rules require that parties must try to resolve issues first through a teleconference with an arbitrator.
There is No One-Size-Fits-All Marriage Contract
Parties usually enter into marriage contracts to protect their property and finances in case of a breakdown of marriage. Thus, many marriage contracts deal with property division and support.
Multi-Tiered Dispute Resolution Clauses are Enforceable if the Four (4) Criteria Are Met
Multi-tiered dispute resolution clauses may be enforceable if the procedure is certain, mandatory language is used, a clear time limit is provided before arbitration is available and duties to act 'in good...
‘Informal Negotiation' Or 'Friendly Discussion' Clause May Constitute Condition Precedent to Arbitration
If the language of the arbitration clause states that friendly discussions "shall" or "must" take place within a defined time period before a party may give notice of intention to arbitrate, the...
Why Independent Legal Advice is Crucial to Finalizing Terms of a Marriage Contract
Lawyers who accept independent legal advice (ILA) mandates with respect to domestic contracts should not assume this task lightly and should take the time to analyze all the terms of the proposed...
Duress Should not Be Used to Obtain a Signature to Settlement Agreement
Hollywood and Oscar nominated star Terrence Howard cried in court about his wife's threats to release his private medical information. During acrimonious divorce proceedings, Howard was contacted by his wife and allegedly...
How to Increase the Likelihood that Releases and Waivers in Marriage Contracts will be Enforceable
Marriage contracts and prenuptial agreements may have full release and waiver clauses embedded but they may not be enforceable.
Changes in Marriage Contracts since Ancient Egyptian Times
Some may think entering into marriage contracts is a recent trend. However archeological evidence shows the contrary: marriage contracts have been around for quite some time - since ancient Egyptian times!
Doubt on Acceptance of Terms of Use
Links from this article:Read the article here.Websites and internet service providers should consider inserting as many positive steps as poss...
When Drafting a Terms of Use: Identify All Actions that will Result in an Immediate Termination of the Terms
This article discusses the the importance of identifying all actions that result in Immediate Termination of the Terms.
Terms of Use Prohibitions on 'Screen Scraping' Are Enforceable Around the World
This article is about a company who used an automated system to extract flight information from Ryanair's website, and then charged consumers for booking through its site.
Family Farms and Marriage Contracts
Many farm owners have a personal, emotional, and familial attachment to their farm. For this reason, it is especially important for farm owners to consider protecting their farm upon marital breakdown.
Why Every New Employee should be Asked to Sign an NDA!
This article discusses the importance of drafting an NDA for a new employee in order to protect the employer.
The Importance of Keeping your Agreements Confidential
This article discusses the importance of keeping agreements confidential in relation to technology.
How to Make Marriage Contracts Less Vulnerable to Attack
Under subsection 56(4) of the Ontario Family Law Act (FLA), a court may set aside a marriage contract if it finds that there was a failure to disclose significant assets and liabilities...
Confidentiality: Duties of Your Independent Contractors
This article discusses confidentiality terms with reference to a recent case out of Massachusetts, .
The Biggest Mistake Landlords, Tenants, and Leasing Agents Make
I’ve had the opportunity to meet with numerous agents and lawyers who specialize in commercial leasing and they’ve all say the same thing: it’s a tedious, difficult and boring job to read...
Netflix Terms of Use Threatens to Terminate Accounts Using VPN
Netflix has decided to clamp down on those who use a VPN. A VPN is a virtual private network that many people use to avoid geographic restrictions for the content Netflix provides....
Rights Grabbing Agreements Transfer Copyright to Subject of Photo
Photographers normally own the copyright to their photos, unless they are hired to take the photo, in which case, unless the agreement specifies otherwise, the person who hired them owns the copyright....
Consultants Should Review Compensation Packages in Light of New Accounting Rules
The Financial Accounting Standards Board and the International Accounting Standards Board have issued new rules that offer a one-stop, comprehensive source for how companies and nonprofit enterprises are to report revenue.
What's in a rep - how reps and warranties work to protect the acquirer.
This article provides a good explanation on the definition of representations and warranties at the end of the first section, and their use in protecting an asset or share purchaser.