The blog post discusses a legal case involving Walmart and its supplier K7 regarding a breach of contract over hand sanitizer orders during the COVID-19 pandemic. Walmart failed to pick up and pay for the orders, leading K7 to sue...
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D. C. Toedt III is an attorney, arbitrator, and law professor with a focus on technology and contract law.
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The author discusses the problematic nature of a health-care provider's online terms of service (TOS), which allows for changes to be made at any time without prior notice. The author argues that such provisions are likely unenfor...
Recent contract-related cases: June 15, 2025. Delaware chancery court ruled that attorney fees can be recovered when sued in a court foreclosed by a forum-selection clause. Texas supreme court announced a limited set of circumstan...
0Recent contract-related cases
2025-06-07 • case law contract business law
The text discusses recent contract-related cases, including a case where the winning vendor's quote was denied by the Department of Veterans Affairs and a case where a company sought to enforce a noncompetition covenant in the emp...
The text discusses recent court cases related to contracts, including a case involving ambiguity in a severance agreement, an overhaul of Federal Acquisition Regulations, and lawsuits against companies for reverse engineering soft...
The Indiana Supreme Court ruled that the agreement between Christi and August Wohlt, who owned a company called Echo Systems, Inc., during their marriage, was not ambiguous and that August would retain all of the company's assets,...
The text is a partial rewrite of an excerpt from a recent update to Apple’s iCloud terms of service. The author aims to make the text more digestible and easier to revise. The original text is about the requirements for use of the...
The text discusses the use of 'for emphasis' instead of 'for the avoidance of doubt' in legal documents, emphasizing the importance of serving the reader and optimizing the reader's use of time. It argues that readability is more ...
0Barf clauses: Don’t write them
2024-06-12 • patent law review contract drafting
The text discusses the importance of not including 'barf clauses' in contracts and provides resources for drafting a workable contract. It also mentions a misused term in the Verizon-Yahoo stock purchase agreement and a Supreme Co...
A 2023 California decision rejected an employer's petition to compel arbitration of an employee's claim of racial discrimination because the employee claimed she couldn't read the arbitration provision on her smartphone. The court...
The text discusses recent cases involving state requirements and intentions in employment agreements. It highlights the importance of ensuring that everyone who needs to sign a document does so, and the implications of implied cov...
Washington state’s supreme court decided Nelson v. P.S.C., Inc., which turned on whether a state statute’s reference to “within three years of the marriage” required a specified event to occur during the three years before the mar...
The text provides a list of rules for drafting contracts, emphasizing the importance of clarity, brevity, and avoiding ambiguity. It also highlights the significance of understanding human behavior and the need for practicality in...
The text discusses the language used in a contract between Merck and Bayer, and how it could have been simplified. It also mentions the lawyers involved in the contract and the effort required to follow the Short, Single-Subject P...
The Delaware chancery court concluded that the relevant contract provisions were clear and unambiguous and that Bayer’s interpretation was the only reasonable one. The contract clauses were long and complex, and the court's reprod...