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Blog Bite: What is the threshold test that a joint venture has been formed for the purpose of triggering affiliation from the tax perspective?

This article posted on our partner site Mondaq.com talks about how businesses may desire to jointly solve problems under a mentor-protege definition, that, under specific rules, might trigger a defi...

Blog Bite: Are browsewrap agreements enforceable in California?

This article posted on our partner site Mondaq.com examines a recent decision concerning browsewrap agreements. In the case, the Court ruled that browsewrap agreements are only enforceable where the...

Blog Bite: What is the underlying advantages of a shareholders’ agreement?

This article posted on our partner site Mondaq.com explains the common clauses that are found in a shareholders' agreement and how they are beneficial in the event it is required. This comes to y...

Blog Bite: How can education employment contracts be terminated in the UAE?

This article posted on our partner site Mondaq.com discusses the complexity in terminating education employment contracts in the UAE. Various governing laws and regulations and the contractual terms...

Blog Bite: When and how should you execute an effective unanimous shareholders’ agreement?

This article posted on our partner site Mondaq.com discusses the importance of executing a unanimous shareholders' agreement (USA) to deal with matters of particular significance to the shareholders...

Blog Bite: How can websites ensure that online agreements are enforceable in the USA?

This article posted on our partner site Mondaq.com discusses recent cases to illustrate the enforceability of browsewrap and clickwrap agreements. The author suggests that websites using browsewrap ...

Blog Bite: What are the reasons that Australia’s Consumer Law trumps the choice of law clause?

This article posted on our partner site Mondaq.com discusses this recent Federal Court of Australia decision in which an American refund policy violated Australian consumer legislation. The court fo...

Blog Bite: Why entrepreneurs are structuring operations using both a Canada-based corporation and a Delaware-based corporation?

This article posted on our partner site Mondaq.com explores the benefits to Canadian entrepreneurs of using both Canadian and American based corporations. The author explains that Canadian entrepren...

Blog Bite: What measures can be taken to improve a company’s privacy policies?

This article posted on our partner site Mondaq.com is discussing how companies can better prepare their privacy matters to mitigate issues with trade secrets and intellectual property. The author pr...

Blog Bite: Should notice of whistleblower immunity clauses be included in your written agreements with your employees and independent contracts?

This article posted on our partner site Mondaq.com discusses the significance of two immunity provisions that apply to whistleblowers contained in new federal law (the Defend Trade Secrets Act). The...

Blog Bite: How can businesses best update and modify online agreements in the USA?

This article posted on our partner site Mondaq.com the author advises businesses on how they can update terms of use agreements. The author recommends websites make users agree to the modified terms...

Blog Bite: How can online businesses ensure that their websites’ terms of use are enforceable in the USA?

This article posted on our partner site Mondaq.com speaks about how online businesses can ensure that their website terms of use is enforceable. The author recommends that the website terms of use b...

Blog Bite: What can a business do to obtain rights to intellectual property developed by an independent contractor?

This article posted on our partner site Mondaq.com highlights the importance of obtaining the broadest possible rights in intellectual property created by an independent contractor in the course of ...

Blog Bite: Can corporations establish the venue for litigation based on their registered business address?

This article posted on our partner site Mondaq.com discusses the decision-making of the location of the registered office (and books and records) as a strategy to choose the venue for litigation. ...

Blog Bite: What should a Swiss business keep in mind when considering establishing a joint venture in China?

This article posted on our partner site Mondaq.com looks at the growing relationship of Switzerland to Asia by means of a free trade agreement that creates prospects for growth through mergers and a...

Blog Bite: What laws will govern an agreement when the parties are from different provinces?

This article posted on our partner site Mondaq.com discusses how parties who are from different provinces can decide together upon what governing law their contract shall preside under. If such a cl...

Blog Bite: Can the limitation of liability protect a party against third party claims?

This article posted on our partner site Mondaq.com looks at the relationship between shippers and railways to discuss how the latter's liability can be limited for third party claims so long as they...

Blog Bite: What are the benefits of drafting a shareholders’ agreement when I hope to never use one?

This article posted on our partner site Mondaq.com explains the benefits of a shareholders' agreement by analogizing the agreement to a marital agreement, that you hope to never need it, but are hap...

Blog Bite: Should and will segments of unconscionable provisions remain?

This article posted on our partner site Mondaq.com looks at a Supreme Court decision in 2011 which mandated that courts should not dump the entire agreement as long as it can be enforced after sever...

Blog Bite: Can parties in India agree to settle disputes using foreign law?

This article posted on our partner site Mondaq.com uses case law to illustrate that the Courts in India have not offered consistently decided whether parties can rely on foreign law to settle disput...

Blog Bite: How should school boards balance safety and privacy in deciding whether to implement video surveillance?

This article posted on our partner site Mondaq.com discusses the importance of effective privacy guidelines, policies, and procedures relating to video surveillance on school property. The author us...

Blog Bite: How can limitation of liability be used to negotiate on indemnities?

This article posted on our partner site Mondaq.com looks at how limitation of liability is negotiated against indemnity through measures like caps, time periods, and using qualifying language in the...

Blog Bite: Does an entire agreement clause keep pre- and post-contractual considerations from being introduced to court?

This article posted on our partner site Mondaq.com uses case law to discuss the enforceability of entire agreement clauses since courts are more and more taking into account pre-contractual and post...

Blog Bite: How can the limitation of liability clause be drafted to be more effective?

This article posted on our partner site Mondaq.com uses case law to discuss the reach of limitation of liability clauses. For example, when a party to a project has a subcontractor who engages in ne...

Blog Bite: Will Alabama enforce choice of law provisions?

This article posted on our partner site Mondaq.com discusses the impact of the ratified Amendment 884 to the Alabama Constitution. The author states that with this amendment, Courts will not enforce...
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