June 2011

Article 2 of the Uniform Commercial Code governs the sale of goods. Whether software is a good is a thorny question, and a lot of variables affect the answer. In this excellent Law Technology News post, Richard Raysman and Peter Brown, of Holland & Knight and Baker & Hostetler respectively, summarize the issues and eloquently provide the obvious lawyerly answer: it depends.

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The Weitz Co. v. MH Washington, LLC

MacKenzie House, LLC, the developer of the 46th and Washington Townhomes in Kansas City, Missouri, hired The Weitz Company as general contractor. The project was fraught with difficulties, and Weitz sued MacKenzie, MH Washington, LLC (an entity of which MacKenzie was the managing member), and Summit Steel Fabricators, Inc. (a subcontractor hired by Weitz at the behest of MacKenzie) for breach of contract.

The jury returned verdicts for Weitz against MacKenzie, MH Washington, and Summit Steel, and also found for MacKenzie and MH Washington on their breach of contract counterclaims against Weitz. [click to continue…]

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theContractsGuy is a new blog and I’m still finding my voice. So far I’ve pretty much kept to the topic of contracts and the process of contracting. But those who follow my Twitter feed, Facebook page, and LinkedIn updates know that I’m also interested in other areas of business law, legal services technology, the changes the legal profession is undergoing, and law firm business models. (I’m also interested in Latin, but I don’t tweet about that very often.)

I’ve often been tempted to cover those topics here, but, other than this brief description of an area in the nether regions of the blog where I’ve posted links to interesting discussions about law firm business models, I’ve resisted the urge. That might change, but not today. [click to continue…]

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I’ve long been bothered by the fact that online terms of use are seldom read and rarely understood. Finally, a solution has presented itself in the form of a dramatic reading by Richard Dreyfuss presented by CNET. The termination provision is especially lively.

Cheers to Mike Wokash, aka @MadisonIP, for the link.

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Every once in a while I read a court’s opinion and want to know the back story. That’s how I feel about last month’s Seventh Circuit decision in Digitech Computer v. Trans-Care.

Here’s a short version of the business story from the Southern District of Indiana’s three separate opinions and the Seventh Circuit’s opinion. Trans-Care personnel met representatives of Digitech at a trade show. Wanting to win Trans-Care’s business away from a competitor, Digitech later persuaded Trans-Care to negotiate for the purchase of Digitech’s software by offering a 90-day “satisfaction guarantee,” which was unusual for the software company. [click to continue…]

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