Contracts
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Decision shines light on when courts might fix bad noncompetes
Companies whose agreements need paring down in scope can expect some help but if the agreements need a major rewrite, courts are likely to balk, a Chancery Court ruling suggests.
By Robert Freedman • Dec. 18, 2024 -
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In M&A, it’s possible for a GC to be too good
Getting everything you want in negotiations isn’t optimal if it leaves the other side – your future colleagues – feeling defeated, the CLO of a strategic acquirer says.
By Robert Freedman • Dec. 17, 2024 -
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How your contracts can improve procurement and risk controls
Legal teams that support procurement need to ensure that vendors' focus is on their customer — your company — according to an expert seminar.
By Justin Bachman • Dec. 13, 2024 -
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Spirit Airlines files for bankruptcy months after JetBlue merger demise
The company’s prepackaged Chapter 11 filing in New York contemplates much of its creditors’ debt being converted into new equity.
By Justin Bachman • Nov. 18, 2024 -
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Spirit Airlines faces a major restructuring, possibly in bankruptcy
The low-fare carrier is trying to rework more than $1 billion in debt due next year ahead of a bank deadline for credit-card hold-backs.
By Justin Bachman • Nov. 13, 2024 -
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Business insight gives in-house counsel their edge, veteran GC says
More than just the contract terms, counsel should know the strategy driving the deal, according to Robert Ball of Enlace Health.
By Robert Freedman • Oct. 28, 2024 -
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Boeing defense mess shows how weak contracting can wreck a business
The aerospace giant’s new CEO says the company lost “discipline” on many of the fixed-price contracts it negotiated for government programs.
By Justin Bachman • Oct. 23, 2024 -
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Elon Musk asks court to dismiss former CNN anchor’s fraud lawsuit
Their business relationship fizzled after Don Lemon’s “invasive and inappropriate interview,” the billionaire says in his response to the complaint.
By Justin Bachman • Sept. 24, 2024 -
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Online price parity clauses at risk after EU Booking.com decision
The clauses have been under scrutiny for years, so the impact of the EU’s top court prohibiting them for the travel sector’s biggest platform could resonate across industries.
By Robert Freedman • Sept. 20, 2024 -
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Don’t assume quitting means losing your performance shares, equity specialists say
The terms of the management team’s equity pool could include a “tail” that lets executives who leave reap their unvested compensation after the company is sold.
By Robert Freedman • Sept. 11, 2024 -
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What to do when your CLM integration suffers a rough debut
Migrating to a sophisticated contract-management system often means glitches and a learning curve for employees. Here are some tips to mitigate the frustration.
By Justin Bachman • Sept. 10, 2024 -
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Parties can contract around transfer of attorney-client privilege
The default in Delaware is for privilege to transfer to the surviving company post-merger but parties can agree to keep it within the target company, the state’s Superior Court says.
By Robert Freedman • Sept. 9, 2024 -
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Getting ahead of third-party paper risk
A tech company is implementing CLM to give it visibility into potential liability from non-standard provisions it’s agreed to.
By Robert Freedman • Sept. 5, 2024 -
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What Hormel Foods learned from its contract management overhaul
For many years Excel spreadsheets and paper constituted contracting workflows at Hormel, which decided in 2023 to migrate to a CLM platform.
By Justin Bachman • Aug. 29, 2024 -
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The easy way to protect against rogue deals
A simple notice can help ensure your company isn’t caught holding the bag if an officer enters into an unauthorized transaction, a legal specialist says.
By Robert Freedman • Aug. 29, 2024 -
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Minnesota’s noncompete ban marked big win for Tim Walz
Minnesota became the fourth state to enact a law prohibiting noncompetition agreements under Gov. Walz, the Democrat’s vice presidential nominee.
By David Weisenfeld • Aug. 19, 2024 -
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OpinionBe a better negotiator of cloud contracts
Getting terms such as “blanket acceptance of updates” right is critical for organizations to protect their interests, as the CrowdStrike debacle shows.
By Jeff Andrews • Aug. 9, 2024 -
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AI’s first serious foray into legal may be contract review
Contracting consumes plenty of time for lawyers, so AI’s first broad legal use may be in this area, a survey finds.
By Justin Bachman • Aug. 8, 2024 -
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Companies turn to AI contract tools to reduce external risks
Executives often overlook the importance of shrewd third-party contracting when managing their risk profiles, according to a legal tech panel.
By Justin Bachman • July 18, 2024 -
A big shareholder could outgun board in bill headed to Delaware governor
Corporate law scholars are concerned the bill will build into law a trend in which a founder or other key shareholder uses an agreement to exercise company control.
By Robert Freedman • July 15, 2024 -
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Boeing would become a felon under DOJ plea deal
The aerospace and defense giant would plead guilty to one criminal count, pay a $244 million fine and operate under an oversight monitor for three years.
By Justin Bachman • July 8, 2024 -
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How the right tools can enable GCs to remain a team of one
Incident IQ General Counsel Donato Latrofa says he’s the only lawyer the company needs even though it services some 1,600 customers throughout the United States.
By Robert Freedman • May 16, 2024 -
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Negotiating limitations of liability when you have little leverage
In-house counsel have levers they can pull if they know the risk a deal poses to their company, contract specialists say.
By Robert Freedman • April 26, 2024 -
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SCOTUS finds transportation workers exempt from Federal Arbitration Act
By refusing to compel arbitration for drivers in Bissonnette v. LePage Bakeries, the Supreme Court clarified that job duties are the key in applying the FAA’s exemption.
By David Weisenfeld • April 24, 2024 -
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Wolters Kluwer releases AI-powered contract querying tool
The company said its AI upgrades in Legisway will also integrate into the recently launched legal services portal.
By Lyle Moran • March 11, 2024
