Insights
From the team.
1158 articles on contract law, deals, policy and legal technology, including the full Clausehound and DealPrep blog archives.
What are Benefit Corporations and Flexible Purpose Corporations, and how are they identified?
This article posted on our partner site Mondaq.com discusses benefit corporations and flexible purpose corporations, two subtypes of traditional business corporations that can be organized under the the California Corporations Code (as...
Blog Bite: Are parties to a joint venture agreement have obliged to act with good faith to each other?
This article posted on our partner site Mondaq.com relies on a recent judicial holding to illustrate that parties of a joint venture agreement may have an implied obligation to act with good...
Blog Bite: When will a Court set aside an entire agreement clause to rely on non-binding documents?
This article posted on our partner site Mondaq.com discusses the Supreme Court's decision in IHAG-Holding AG v. Intrawest Corporation, to look at a case where an entire agreement was not enforced.
Blog Bite: When parties agree to an entire agreement clause, are there any circumstances where a court will consider evidence of a pre-contractual representation?
This article posted on our partner site Mondaq.com discusses a Quebec decision to illustrate the circumstances where a Court will consider pre-contractual evidence, not withstanding an entire agreement clause.
Blog Bite: What can a company do to recover its assets if the other party to a joint venture agreement declares bankruptcy?
This article posted on our partner site Mondaq.com advises that a business seeking to recover assets placed into a joint venture following the bankruptcy of the other parent company should carefully draft...
Blog Bite: In what circumstances do entire agreement clauses prevent claims for misrepresentations?
This article posted on our partner site Mondaq.com discusses the importance of explicit language in entire agreement clauses.
Blog Bite: What are the potential legal issues associated with online promotions?
This article explores potential legal issues associated with online promotions.
Blog Bite: What is the relationship of indemnity to the limitation of liability?
This article posted on our partner site Mondaq.com points out that the language of indemnity (maximizing damages received) is at odds with that of limitation of liability (minimizing damages given), so they...
Blog Bite: What are some things to keep in mind when drafting a governing law clause?
This article posted on our partner site Mondaq.com looks at the purpose of the governing law clause and considerations parties should make, like having a real and substantial connection to the location,...
Blog Bite: When will Norwegian Law prevail over choice of law clauses?
This article posted on our partner site Mondaq.com states that Norwegian procedural rules, and some overriding mandatory rules will be followed whenever a hearing takes place in Norway.
Blog Bite: What are some things to keep in mind when drafting a shareholders' agreement?
This article posted on our partner site Mondaq.com discusses certain issues that should be resolved and addressed when developing a shareholders' agreement.
Blog Bite: What factors affect the way in which a business must structure a joint-venture in order to ensure optimum performance?
This article posted on our partner site Mondaq.com lays out an algorithmic approach to entering a joint venture agreement and considerations or priorities at each stage of the decision-making process.
Blog Bite: Why is it important to negotiate specifics like caps on liability, exclusions, and time periods?
This article posted on our partner site Mondaq.com points out that if this clause is worded too broadly or ambiguously, the courts can interpret it as disproportionately benefiting the party putting it...
Blog Bite: What are the consequences of entire agreement clauses?
This article posted on our partner site Mondaq.com discusses the range of legal consequences that entire agreement clauses have.
Blog Bite: What contractual provisions are of particular concern to an independent contractor when amending a contract?
This article posted on our partner site Mondaq.com posits that amendments to contractor agreements are rarely, if ever, made for the benefit of the contractor. As such, it is imperative for contractors...
Blog Bite: What is the value and structure of a change-of-control clause in a joint venture company undergoing group restructuring?
This article posted on our partner site Mondaq.com looks into the problems involved in corporate group restructuring in joint venture companies. Change-of-control clauses are used to protect unwanted changes and improve the...
What do some of the provisions in Companies Law for Guernsey mean?
This article posted on our partner site Mondaq.com highlights the provisions in the Companies (Guernsey) Law, 2008, which is intended to assist with understanding specific provisions related to incorporation.
Blog Bite: What are the clauses of a contract that can have an impact on dispute resolution?
This article posted on our partner site Mondaq.com discusses governing law clauses, jurisdiction clauses and litigation/mediation clauses.
Blog Bite: What are Canadian tax considerations in intellectual property asset management?
This article posted on our partner site Mondaq.com explores ways in which a comprehensive intellectual property management program creates new opportunities for cost savings, tax efficiencies, and competitive advantage.
Blog Bite: What is required for a guarantee to be enforced?
This article posted on our partner site Mondaq.com looks at a judgement where a court found that a company that was owed fees by a director who assured he would pay did...
Blog Bite: How can parties avoid violating antitrust laws during the negotiation phase of a joint-venture agreement?
This article posted on our partner site Mondaq.com cautions against prematurely sharing information or integrating personnel before closing a joint-venture agreement.
Blog Bite: What part do the courts play in determining the governing law of a contract, if at all?
This article posted on our partner site Mondaq.com discusses how the courts favor leaving the decision of governing law up to the parties.
Blog Bite: Can joint ventures legally set fixed prices for products sold within a market, albeit under each of the separate brand names of the joint venture's members?
This article posted on our partner site Mondaq.com discusses a US Supreme Court decision where the court held that two traditional competitors that form a joint venture can, pursuant to the purpose...
Blog Bite: How can a mortgage company and title company form a joint venture without risking a violation of the Real Estate Settlement Procedures Act (RESPA)?
This article posted on our partner site Mondaq.com is a guide to the evaluative criteria used by the Department of Housing and Urban Development (HUD) in determining whether a joint venture between...