Commercial Contracts

Commercial Contracts Articles

• Cruise Ship Liability; Rape and Injuries on the High Seas

  The very same panoply of accidents that can occur on dry land can occur on cruise ships: slip and falls, falling objects, you name it. In addition, crime also occurs aboard ship - some of it committed by passengers and much by crew members. A great ...

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• Customer Privacy Becomes the Hot Button Voluntary Action Regarding Online Privacy of Customer Information is Encouraged

  Little has captured the attention of the banking regulators lately as much as electronic banking. And consumers' concerns about the information gathered by banks when using the electronic channel has prompted the regulators to advise banks on how to ...

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• Dances with Insurers

  Most personal injury cases are settled as a result of endless and frustrating conversations, with the insurance company gradually increasing its offer in small bites. Attorneys who understand the inner workings of insurance companies, how they ...

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• Del. Ch. Strikes Down Defensive Supermajority Bylaw As Disproportionate to Threat Posed by Hostile Takeover

  The Delaware Chancery Court recently struck down a supermajority bylaw adopted by a board of directors as a defensive response to the possibility of a hostile takeover attempt because the bylaw represented an "extremely aggressive" reaction that was ...

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• Delivery Date/Forum Selection Clause

  Learonal, Inc. v. ACL Electronics (USA), Inc., 1997 WL 458767 (S.D.N.Y. 8/11/97). DELIVERY DATE/FORUM SELECTION CLAUSE - The good news is that this case upheld the forum selection clause, permitting the lessor to sue in New York. The bad news ...

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• Delta v. Transnational, Round II: Winding Up, Drawing Down and the “Hotch-Pot Rule”

  * * * In March, Mealey's published a decision by the Grant Court of the Cayman Islands redolent of irony and turnabout as fair play. Transnational slip opinion, Docket No. 61 of 1993 (Grand Court of the Caymans, March 4, 1998); , Vol. 9, No. 20 ...

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• Digging Up the Dirt: The Importance of Due Diligence when Buying a Business

  (Published in the September 11, 1998 issue of "Triad Business News." Used by permission.) In our previous article on buying or selling a business, we discussed the importance of choosing -- and using -- your advisor team. Your financial advisor ...

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• Direct Mail Sweepstakes Alert

  On December 13, 1999, President Bill Clinton signed into law the Deceptive Mail Prevention and Enforcement Act, an act that regulates sweepstakes advertised through the mail. The Act imposes a set of restrictions on all materials sent in the U.S ...

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• Don’t Forget The Computer Contract: Licensing in the Boardroom

  This text first appeared in the IAM magazine supplement ‘Licensing in the Boardroom’ October 2005For further information please visit www.iam-magazine.com Licensing in or purchasing a new computer system is fraught with danger if those negotiating ...

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• Don’t Lose That Deposit: Massachusetts Changes Its View of Liquidated Damages Clauses

  A decision recently issued by Massachusetts' highest court has made a significant change to the manner in which liquidated damages clauses appearing in contracts are interpreted and enforced. This change will have a great influence on how contracts ...

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