Viewing: January 2012

From the Interwebs: Thomas Crapper, Trademarks, and Contract Typos

Here’s some interesting content from around the web.... Another Contract Typo. A couple of weeks ago I linked to a story about an apparent mistake in the contracts of several assistant NFL coaches that had the parties arguing over about $3 million. This week the ContractsProf Blog reports about an apparent typo in a condo’s […] Read More

The Reading List: Starter Edition

[The Reading List — a regular feature of theContractsGuy — highlights blogs that are interesting enough that I check in regularly. Here’s a link to other Reading List posts.] There’s a new business law blog that looks promising. The Seattle Small Business Lawyer’s Blog, which is only three weeks old, is “designed to facilitate discussion […] Read More

Habit #2: Give Important Contracts Special Attention

I sometimes give a presentation on simple contracting practices that businesses can adopt to reduce their risk. I’ve posted a cliff notes version in Contract Hygiene: Five Healthy Contracting Habits (Part 1) and (Part 2). Without spending a dime on lawyers, a lot of businesses can significantly reduce the number and size of the time […] Read More

Eighth Circuit Contracts Cases 2011 (Part 8)

The scope of an arbitration agreement can be expanded by positions taken by the parties in arbitration proceedings. Wells Fargo brought claims against WMR e-PIN and other respondents, alleging breach of contract and misappropriation of trade secrets. The claims arose out of a software licensing agreement and other contracts which contained binding arbitration provisions. The […] Read More

From the Interwebs: Creative Commons TOS, No Love for the Facebook, Geeky Grammar Humor

Just Click No. I’ve written a decent amount about the adhesive nature of website terms of service and how it’s unseemly for contract law to pretend that people read and agree to them. Well, not everyone has to grin and bear it. If you have as much clout as the government, you might be able […] Read More

The Reading List: Business Law Post

[The Reading List — a regular feature of theContractsGuy — highlights blogs that are interesting enough that I check in regularly. Here’s a link to other Reading List posts.] Business Law Post is a no-nonsense, accessible blog about business law issues. It’s published by Arina Shulga, a former Cleary Gottlieb associate and current solo practitioner […] Read More

Eighth Circuit Contracts Cases 2011 (Part 7)

The word “or” can cause confusion in a contract that can be expensive to resolve when the assistance of lawyers and federal judges is required. Diligent drafters should be on the lookout for potential ambiguity in order to avoid unnecessary expense and litigation. Anderson v. Hess Corp. is a case in point. The Andersons, along […] Read More

From the Interwebs: NFL Contracts, Lawyers Ordering Pizza, and Oil

Here are a few recent articles from the Interwebs I found interesting. You might want to take a peek, also. Ecuador Oil Contamination. Venkat Balasubramani tweeted a link to Reversal of Fortune, a detailed story in the New Yorker about a lawsuit against Texaco for environmental damage in Ecuador. The case dragged on for a […] Read More

The Reading List: New Year’s Edition

[The Reading List — a regular feature of theContractsGuy — highlights blogs that are interesting enough that I check in regularly. Here’s a link to other Reading List posts.] A law school student asked me via Twitter recently whether it’s hard to maintain a blog and have a corporate law practice. The answer of course […] Read More

Dear Ninth Circuit: We Like Arbitration – Signed, The Supreme Court

The United States Supreme Court reaffirmed its favor of arbitration yesterday in one of its first decisions of the year. InCompuCredit v. Greenwood, the high court once again reversed the Ninth Circuit in an arbitration case. You might recall that the Supreme Court reversed the Ninth Circuit last April in its much discussed AT&T Mobility […] Read More

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