The May 2008 issue of The Business Lawyer contains a great article by Glenn D. West and Sara G. Duran of Weil Gotshal entitled “Reassessing the ‘Consequences’ of Consequential Damage Waivers in Acquisition Agreements.” Click here for a copy. Here’s the abstract: Consequential damage waivers are a frequent part of merger and acquisition agreements involving private company targets. Although these … Read More

I’ve spent a fair amount of time recently working on commercial agreements, and I’ve noticed that some companies require that their registered trademarks be stated in all capital letters, with the registration symbol “®” appended, whenever the trademarks are referred to in a contract. When reading a contract that refers repeatedly to, say, “FLEXORBALIN®” (I made that up), I find … Read More