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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…

Another Forum Selection Clause That Did Not Achieve It’s Objective

USA - June 17 2021 Over the years, I have written a number of blog posts dealing with forum selection clauses, often in disputes where a party who wanted to enforce…

Arbitration Clauses Will Not Be Enforced Against Employees Who Engage in Interstate Commerce - and What Comprises Interstate Commerce Is Not Always Obvious

USA - April 13 2021 As part of your company’s onboarding process, all employees sign an agreement making it crystal clear that if there ever is any dispute between them…

Be Sure Your Arbitration Clause Clearly States Who Will Decide Whether a Dispute Is Arbitrable

USA - November 10 2020 One of the prime reasons many companies require employees to arbitrate disputes is to ensure confidentiality. Indeed, absent an arbitration provision…

Even a “Bullet-Proof” Forum Selection Clause Might Be Vulnerable

USA - August 20 2020 When Jeremy Hernandez, a California resident, went to work for Oxford Global Resources, a Massachusetts company, in 2013, he signed a non-competition…