Archives: Contracts

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Read the agreement. All of it.

By David Coale on July 30, 2020 Posted in Contracts, Courts

Many forum-selection disputes, particularly about arbitration clauses, turn on whether ...

Texas Medical Contracts

By A. M. on June 30, 2020 Posted in Contracts

Physicians, medical businesses, and physician groups often have to deal with different ...

Charge error, but not reversible

By David Coale on June 10, 2020 Posted in Contracts, Courts

The contract-interpretation question in Gulf Engineering Co. v. Dow Chemical Co. was ...

Sue on it, embrace it

By David Coale on May 27, 2020 Posted in Attorney's Fees, Contracts

The original party to an oilfield-services agreement assigned its rights to Motis ...

Did Your Business Deal Just Do a Disappearing Act? Securing Legally Binding, Enforceable Contract Terms

By Winstead on May 21, 2020 Posted in Contracts

Lawyers play a critical role in negotiating and drafting contracts, but when business ...

“Provisional Authority” to Control Executive Rights Not Assignable

By Charles Sartain on May 14, 2020 Posted in Contracts

Geary v. Two Bow Ranch Limited Partnership* is an example of the havoc an unusual ...

COVID-19 and “Electronic” Execution of English Law Documents

By Energy Legal Blog ® on April 20, 2020 Posted in Contracts, COVID-19

In light of the on-going Covid-19 pandemic, many organisations are implementing ...

What Should Be Included in a Service Contract?

By Austin TX Business Law Blog on April 14, 2020 Posted in Contracts

The parties to the contract should always be clearly defined. Whether a party is ...

Does COVID-19 Make a Contract Impossible to Perform?

By Cleve Clinton and Bill Drabble on March 24, 2020 Posted in Contracts, COVID-19

The Texas Supreme Court recognizes an impossibility-of-performance defense ...

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

By Charles Sartain on March 16, 2020 Posted in Contracts, Oil and Gas

Texas oil and gas producers are preparing to see how the coronavirus will affect their ...

Did Your Contract Catch COVID-19?

By Robyn Balaban on March 13, 2020 Posted in Contracts

“Force Majeure” is a term of art that refers to certain unforeseen events. When a Force ...

Top Intellectual Property (IP) Traps to Avoid in Contracts

By Kirby B. Drake on March 9, 2020 Posted in Contracts, Intellectual Property

Intellectual property traps can occur in contracts even when a contract does not ...

When do email exchanges create a contract?—The Texas Supreme Court Clarifies

By Robyn Balaban on March 4, 2020 Posted in Contracts

Email is fundamental to almost every business. It is used to communicate, invoice ...

Texas Easement Not Modified By Email

By Charles Sartain on March 4, 2020 Posted in Contracts

Copano Energy, LLC v. Stanley Bujnoch, Life Estate, et al. asked whether an enforceable ...

What To Include in a Business Partnership Agreement

By Cris Feldman on February 26, 2020 Posted in Contracts

The day-to-day aspects of business operations can involve lots of moving parts and the ...

Extensive Litigation Does not Waive Arbitration

By Thomas J. Crane on December 12, 2019 Posted in Contracts

What happens when an employee files suit, perhaps unaware of the existence of a ...

No agent, no payment.

By David Coale on October 24, 2019 Posted in Contracts

David Russell paid money to Ellen Yarrell, and by doing so argued that he discharged a ...

Contracts and Agreements Continue to be Contentious Within the E-Sports Community

By Cris Feldman on August 13, 2019 Posted in Contracts

In any business venture, contracts are essential to keeping and maintaining ...

Do not repackage your contract claim

By David Coale on July 8, 2019 Posted in Contracts, Damages

“The complaint alleges that during the April and October 2016 phone calls, the ...

Estop that.

By David Coale on July 2, 2019 Posted in Contracts

Texas Capital Bank sued Zeidman for the alleged breach of a guaranty obligation ...

The Case of Mistaken Indemnity, Part 2

By Drew York on June 27, 2019 Posted in Contracts

An indemnity clause benefits Party B from the possible claims of Party C. One of the ...

Don’t rely on this statement . . .

By David Coale on May 6, 2019 Posted in Contracts

“[Mister Mudbug, Inc.] asserts that it relied on [Bloomin’ Brands, Inc.]’s representation that ...

Contract Disputes Are The Most Common Cause Of Construction Litigation

By Cris Feldman on January 2, 2019 Posted in Contracts, Litigation

With any construction project, there are dozens of moving parts. If just one part ...

No attorneys’ fees under Joint Operating Agreement

By David Coale on September 19, 2018 Posted in Attorney's Fees, Contracts

A standard form of an oil-and-gas project’s Joint Operating Agreement contains ...