Clients frequently ask their attorney to tell them what the law says about a situation. They view the attorney as little more than a translator from legalese into English. However, rarely is it adequate merely to change a law’s language to "plain English.” The attorney also needs to interpret the law’s intent and how it applies to the client’s circumstances.
Read MoreContracting parties should know the difference between exhibits, schedules, addenda, and amendments and how to use them properly.
Read MoreUsually, when a contract ends, the parties’ obligations to each other end too. But sometimes parties to a contract want to end a contractual relationship but have some of their contractual obligations continue after the relationship is over.
Read MoreThe pandemic will forever change how people conduct business and use real estate. These changes will necessitate that people reexamine how they allocate risk in their contracts.
Read MoreThe coronavirus pandemic has revealed gaps in traditional severability provisions, which leave parties vulnerable to having to decide between breaching a contract or violating a government order or CDC recommendation..
Read MoreMany contracts have material adverse change provisions, even if those words aren't used. Parties should examine contract material adverse change and related provisions to ensure they address the parties’ needs in light of the COVID-19 pandemic.
Read MoreParties entering into contracts during this historic pandemic may want a COVID-19 specific force majeure clause. Since these clauses cover a force majeure event that is already occurring, they require different considerations than typical force majeure clauses.
Read MoreBusiness owners should review their contracts and take steps to assure that contract notice provisions include options that will reach the business during a period of mandatory seclusion.
Read MoreMarket changes and governmental requirments due to coronavirus may trigger contract force majeure provisions and excuse parties from contract performance.
Read MoreThe implied covenant of good faith and fair dealing exists, at least to some extent, in every state's law. Yet, parties often do not consider the implied covenant's impact when negotiating and performing contracts.
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