This Top Ten discusses considerations for managing your risks before finalizing a plan for a United States capital improvement project.
As in-house counsel, we are sometimes called upon to review and/or negotiate leasing agreements. However, many of us lack real estate experience. This lack of experience can lead to being locked into an agreement with unfavorable terms for a long time. This Leasing Agreements Primer will provide a basic level of knowledge for in-house counsel, including clauses that should be included, clauses that can cause trouble and pitfalls to avoid.
This article provides 4 tips to follow when dealing with LPO and the future of contracting.
Most companies have key business suppliers upon which they rely. In these relationships, comprehensive agreements are created to memorialize contractual understandings and provide indemnity rights/obligations if things do not go as planned. What do you do if your key business supplier or franchisee does not meet expectations and causes your company a large loss in breach of the protective agreement? Should you write it off as the cost of doing business? Should you retain counsel and sue for indemnity at the risk of souring the relationship and losing future business? Panelists will address approaches that create a satisfying middle ground to enforce indemnity rights and potentially strengthen business relationships.
Selected cases and materials related to limitations on discovery.
Selected cases and materials related to attorneys' fees and costs.
Selected cases and materials related to limitation on liability.
Selected cases and materials related to forum selection.
Selected cases and materials related to arbitration.
A contract contains a forum selection clause in State X. Plaintiff brings suit in State Y, requiring Defendant to incur unwarranted fees and expenses. Will Plaintiff be required to pay Defendant’s attorney’s fees for breach of this seemingly miscellaneous provision? The answer may vary based on state law and the language in the contract. In New York, despite strong enforcement of the American Rule, courts have awarded attorneys’ fees for breach of miscellaneous provisions. In California, however, fees for breach of a miscellaneous provision may be denied if the fee-requesting party does not ultimately prevail. You will draft miscellaneous contract provisions from various jurisdictions for your fantasy contract and earn points based on the strength of your draft clauses, incorporating suggestions from the panelists. Earn the most points to be crowned best fantasy contract drafter.