Viewing: June 2011

Postette: Is Software Governed by the UCC?

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 […] Read More

Eighth Circuit Contracts Cases 2011 (Part 1)

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, […] Read More

theContractsGuy Goes Off-Message and Off-Blog

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 […] Read More

Dramatic Reading of iTunes Terms of Use by Richard Dreyfuss

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 […] Read More

Digitech Computer v. Trans-Care: Monday-Morning Contract Analysis

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 […] Read More