An indemnification clause is one of the most important, and most misunderstood, provisions in a contract. Whether you are entering a commercial agreement, lease, consulting contract, or services agreement, the indemnification clause can determine who…
Fraud can arise in many forms, but few are as legally significant as fraud in the factum. This doctrine addresses situations where a party is deceived about the very nature of a document they sign,…
In commercial practice, an exclusivity agreement is a contract or contractual provision that limits one or both parties from entering into specified relationships or transactions with third parties for a defined period, within a geographic…
What Is a Verbal Agreement? A verbal agreement (also called a verbal contract, oral contract, or “handshake agreement”) is an agreement formed through spoken words rather than a fully executed written document. Unlike a written…
California has taken yet another major step in reshaping the landscape of consumer arbitration law with the passage of S.B. 82, a statute that directly targets the reach of “infinite” arbitration clauses in consumer agreements.…
Intellectual property (IP) has become one of the most valuable assets in modern business. Whether a company is negotiating a merger, hiring talent, building software, outsourcing manufacturing, or investing in AI technologies, questions of IP…
An arbitration agreement is a contract clause where parties agree to resolve disputes outside of the courtroom through arbitration. This offers a private, neutral, and often faster alternative to litigation. Arbitration agreements are commonly included…
In the intricate world of contract law, survival clauses hold a significant position. They ensure that certain obligations and rights endure beyond the termination or expiration of a contract. Understanding these clauses is crucial for…
The inclusion of an Material Adverse Effect (MAE) clause in contracts is not just a legal formality but a strategic decision that can alter the course of a deal. By providing a mechanism for parties…
