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Recent developments: Sunset clause could have saved the day; $82M trade-secret verdict against Ford; no contract countersignature = no contract; NY: implied good-faith covenant could trump express sole discretion term
Not including a sunset for contractual rights and obligations can lead to litigation. A $41 million loan agreement between Wells Fargo and a Chicago commercial real-estate developer included a cash-management provision for "sweeping" certain building inco
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(Semi-) recent contract-related cases: July 22, 2025
I started this post late last month but was diverted to other matters. Sam's Club (Walmart) loses its effort to stiff a supplier for hand sanitizer: Email exchanges can constitute "orders" under a master purchase agreement At the start of the COVID-19 loc
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An example of overlawyered online terms of service, from a health-care provider
I was just asked to sign up for a health-care provider's online portal in anticipation of an appointment next week. The terms of service ("TOS") say (paraphrasing) "we can change these TOS anytime, and the changes will be effective immediately. YOU AGREE
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Recent contract-related cases: June 15, 2025
Attorney fees can be recovered when sued in a court foreclosed by a forum-selection clause: Delaware chancery court For a readable, scholarly discussion of this point, see Namdar v. Fried, No. 2024-0535 (Del. Ch. Jun. 6, 2025) (Laster, V.C.), which denied
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Recent contract-related cases
Incorporating by reference? Be clear about it! The Department of Veterans Affairs asked for quotes to lease an item of surgical equipment. The winning vendor's quote included a term requiring the VA to exercise some renewal options. But the VA didn't do t
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