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The In-House Advisor Blog

Articles: 1-10 of 104

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…

You Don’t Have To Rule Out Environmental, Social and Governance Investments in Your ERISA Portfolio, but Be Careful

USA - March 16 2022 ERISA generally requires retirement plan fiduciaries to invest prudently, diversify assets to minimize the risk of large losses, and act solely in…

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…

Managing Your Favorites in Your Estate Plan

USA - October 7 2021 When it comes to creating your estate plan, how do you decide who to name as fiduciaries? How do you determine how to dispose of assets when you have…

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…

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…

Weed Wrapped Up: Massachusetts Updates Labeling, Packaging, and Advertising Regulations

USA - January 6 2021 The Massachusetts Cannabis Control Commission (CCC)’s new regulations for adult-use and medical-use are to be effective on January 8, 2021…