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Can You Contract Away Chapter 93A Liability?

USA - May 3 2022 Massachusetts General Laws Chapter 93A is one of the most potent weapons in any business litigator’s arsenal. That statute prohibits deceptive or…

Are the Terms and Conditions in Your Online Agreement Enforceable?

USA - December 20 2021 Like many mobile Apps, the one implemented by Uber Technologies includes a statement saying that users agree to abide by the company’s terms and…

Get Formal Extensions When You Have a “Time is of the Essence” Clause

USA - November 11 2021 In some contracts, a party must meet its obligations by a certain date or forfeit its rights, and some of those contracts also include a “time is of…

Take Your Time Before Agreeing to Settle in Principle

USA - August 25 2021 You have gone back and forth with an adversary via email several times and keep getting closer to a monetary settlement. Finally, the other side…

The Dubious Enforceability of ‘Only Can Be Modified by a Written Instrument’ Clauses

USA - July 8 2021 How many times over the years have you seen a clause in a contract stating that it only can be modified by a written instrument signed by the parties…