Searching Content indexed under Contracts and Commercial Law by Davis & Gilbert ordered by Published Date Descending.
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United States
9 Jul 2018
SAG / JPC >>Are (More) Good Things On The Horizon For SAG-AFTRA Agencies And Advertisers?
Heading into the last round of collective bargaining that resulted in the 2016 SAG-AFTRA Commercials Contract, signatory advertising agencies and advertisers voiced concerns about the challenges they faced...
United States
25 May 2018
Enhancing The Likelihood Of Enforcement Of A Forum Selection Clause In An Online Contract
The court found that this design failed to encourage the customer to examine the Service Terms and Conditions.
United States
27 Mar 2018
Appeals Court Enforces Arbitration Clause In Hyperlinked Terms & Conditions
In an important decision concerning the enforceability of an arbitration clause included in a mobile app's Terms of Service, the federal appeals court in New York recently found ...
United States
9 Nov 2017
How PR Firms Must Navigate Website Compliance Under The Americans With Disabilities Act
Public relations firms increasingly develop content and websites for their clients' programs, products, and services.
United States
8 Nov 2017
SAG-AFTRA Commercials Contract Modified To Provide "Free Bargaining" As To Compensation For Low-Budget Digital Productions
Responding to the increased concerns voiced by advertising agencies bound by the 2016 SAG-AFTRA Commercials Contract (Commercials Contract)...
United States
1 Nov 2017
More Pitfalls And Solutions When Negotiating The Client's Form Of Master Services Agreement
My June 16 article addressed a few common pitfalls faced by public relations firms when they are required to negotiate using their client's form of contract.
United States
10 Aug 2017
When Is A "Firm Offer" Really Firm When Negotiating Talent Agreements? When The Term Sheet Says So
In talent contract negotiations, the talent's agent often insists on what is commonly referred to as a "firm offer" to ensure that the negotiations are not just speculative.
United States
13 Jun 2017
Breach Of Contract Claims Allowed For Alleged Open Source License Violations
An open source license is a type of license for software that imposes fewer use restrictions than a standard proprietary license.
United States
24 May 2017
'I Agreed To What?' – Federal Court Decision May Increase Scrutiny Of Online Terms And Conditions
Can a consumer be bound by an arbitration agreement contained in online terms and conditions by merely signing in to an Internet-connected service?
United States
15 Sep 2016
Litigation Alert >> Internet Retailers Beware: NJ Truth-In-Consumer Contract, Warranty And Notice Act Impacts Online Terms And Conditions
New Jersey is widely considered to be among the most consumer-protective states in the country. One of New Jersey's broader consumer protection laws is the Truth-in-Consumer Contract...
United States
26 Jul 2016
2016 Mitigating Risk: Key Litigation Developments - Commercial Litigation: Procedural Issues >> Protecting The Attorney-Client Privilege While Using Third-Party Consultants
There can be no question that business and legal transactions have become increasingly multi-disciplinary and complex.
United States
11 Apr 2016
2016 Mitigating Risk: Key Litigation Developments - Commercial Litigation: Procedural Issues >> No, Not All Arbitration Clauses Are Created Equal
Faced with the delays and burdens that often go hand-in-hand with resolving disputes in court, companies increasingly have turned to arbitration as a method of alternative dispute resolution.
United States
11 Apr 2016
Thinking About Starting A Subscription-Based App Or Business? Do It Right To Avoid Legal Risk
The "Negative Option Rule" adopted by the Federal Trade Commission (FTC) requires sellers to clearly disclose the terms of any negative option plan for the sale of goods before consumers subscribe.
United States
26 Oct 2015
AAA Now Requires Pre-Approval And Registration Of Arbitration Clauses In Consumer Agreements, Including Website Terms & Conditions
For companies looking to avoid the often time-consuming and costly process of going to court over consumer claims, arbitration clauses have become a common feature in consumer agreements.
United States
18 Sep 2015
Going It Alone: Agreeing To Waive The Right To Bring A Class Action
Courts generally favor contract clauses calling for arbitration of disputes relating to the contract.
United States
28 Jul 2011
Implied Breach Of Contract Claim: A Potential Trap For The Unwary
A person reviewing a screenplay, script, or other creative work might understand the risk of a future copyright claim if the copyright holder believes his material was used without permission.
United States
26 Jul 2011
When Is An Early Termination Fee Considered Unjust Enrichment?
Contracts often contemplate periodic payments over a fixed term, and frequently require the payment of a pre-determined early termination fee if the client terminates the contract early.
United States
26 Jul 2011
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