Providing a warranty of no patent infringement is like giving a...
I’ve been helping a software company to negotiate a license agreement under which a Very Large Company customer would use my client’s software. The customer, of course, wants to use its own contract...
View ArticleNew post: How patent-infringement warranties are like hurricane insurance
I’ve been having issues with the email plugin that I use to let subscribers know about new posts. I tried an alternative but it’s not especially satisfactory, so I’ve switched back to the old plugin....
View ArticleChoose English law to govern just the amendments-in-writing provision?
In May of this year, the UK Supreme Court rejected the old “Cardozo Rule,” which held that, even if a contract contained an amendments-in-writing or waivers-in-writing clause, a party to the contract...
View ArticleThis week’s miscellany: New Mass. non-compete law; “Notwithstanding”;...
Massachusetts non-compete restrictions take effect See this analysis at the Trading Secrets blog by Dawn Mertineit, Erik Weibust and Katherine Perrelli. In case you wondered what notwithstanding really...
View ArticleNew Delaware decision highlights (again) the importance of defining...
If your client is going to contractually commit to using commercially reasonable efforts to do something — and if your client expects that obligation to require something less than “all reasonable...
View ArticleSoftware: Goods under UCC article 2, or services? A district court recaps the...
In a case involving a software sale gone wrong, the federal district court in Minnesota provides a nice recap of how courts analyze whether or not a given software-license transaction is governed by...
View ArticleCalifornia non-compete law originated in rejected NY statute — NewYorker
Never knew this: But in California non-compete agreements were illegal. That prohibition had been inserted into the state’s commercial code almost by accident, in the eighteen-seventies, when...
View ArticleKPMG engagement agreements with Miss. public hospital voided because terms...
For several years, global accounting firm KPMG did audits for a county-owned community hospital in Mississippi. After switching firms, the hospital sued KPMG for malpractice. KPMG invoked an...
View ArticleIn the news: Vaping partners (one of them a lawyer) personally liable for...
A business lawyer and his business partner started a “vaping” wholesale business. The lawyer orally hired a photographer at $800 per day to take pictures of e-cigarette hardware, supplies, and liquids...
View ArticleMayo Clinic defeats a former employee’s lawsuit because of wording in...
A carefully-worded “non-disparagement” clause can limit a former employer’s potential exposure. See Gallo v. Mayo Clinic Health Sys.-Franciscan Med. Ctr., Inc., No. 17-1623, slip op. (7th Cir. Nov. 1,...
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