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Andrews Kurth Kenyon LLP

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You Can’t Always Get What You Want: Watch Out for the Wording of Your Guarantees

United Kingdom - October 9 2017 The need for businesses to protect themselves against a counterparty defaulting is as great as it has ever been. A common way of doing that is taking

A drafting reminder: remember the recitals

United Kingdom - November 25 2014 It is often the case that where commercial contracts include a recitals section preceding the operative provisions, the recitals will be among those

Tying the Tribunal’s Hands

United Kingdom - October 9 2017 This article looks at whether, and to what extent, parties can make binding agreements in advance about how legal costs are to be allocated by a

Don’t Lose Your Privilege: Best Practices for the In-House Lawyer

Australia, USA - October 3 2017 In-house lawyers and their clients know that an email is not automatically cloaked in privilege just because a lawyer appears on the cc line. But when

A sure way to lose your case? Challenging contract terms for uncertainty

United Kingdom - October 4 2013 One basic principle of contract law is that terms must be certain. Certainty, however, tends to be a slippery beast and is rarely ever achieved in

You Can’t Always Get What You Want: Watch Out for the Wording of Your Guarantees

United Kingdom - October 9 2017 The need for businesses to protect themselves against a counterparty defaulting is as great as it has ever been. A common way of doing that is taking

Tying the Tribunal’s Hands

United Kingdom - October 9 2017 This article looks at whether, and to what extent, parties can make binding agreements in advance about how legal costs are to be allocated by a

Don’t Lose Your Privilege: Best Practices for the In-House Lawyer

Australia, USA - October 3 2017 In-house lawyers and their clients know that an email is not automatically cloaked in privilege just because a lawyer appears on the cc line. But when

President Trump Imposes Travel Restrictions against North Korea, Chad, and Venezuela and Removes Restrictions against Sudan; United States Supreme Court Cancels Oral Arguments in Pending Travel Ban Case

USA - October 3 2017 We previously noted that President Trump's second Executive Order regarding travel restrictions entitled Executive Order Protecting the Nation from

Gone with the Wind: Little Sympathy for Contractors on Design Obligations

USA - October 3 2017 Energy, engineering and construction disputes often give rise to the issue of what design standard a design and build contractor should be held to