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A court decision from Canada has received a lot of attention after a thumbs-up emoji in a text message was deemed to show acceptance of a grain contract that required a farmer to deliver $82,000 worth of flax in November 2021. The grain and crop inpu…
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Michigan Supreme Court limits enforceability of blanket purchase orders. On July 11, 2023, the Michigan Supreme Court issued a decision in MSSC, Inc. v. Airboss Flexible Products Co., ruling that the term “blanket” in a purchase order – standin…
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There are approximately 25,000 SaaS companies operating in the world today, 17,000 of which are in the U.S. They serve an estimated 59 billion customers. SaaS (which stands for “software as a service”) offerings are as common in the 2022 workplac…
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I’ve recently been asked by a couple of clients to explain the concept of subrogation and thought it would be worthwhile to use this forum to provide a brief explanation of what it is and how it works. Dictionaries define subrogation as the substit…
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In early spring of 2019, a home was damaged by fire, nearly a year after the homeowner’s death. The heirs submitted a claim under the homeowner’s policy, which had been issued in the name of the deceased. The insurance carrier denied the claim, c…
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The legal profession has been a trusted source of conflict prevention and resolution for centuries, with the first attorneys in history dating as far back as Ancient Greece and Rome. But there is a growing group of 21st century computer scientists wh…
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Some time ago, a client of mine signed an agreement to sell real estate that he co-owned with his wife. Unfortunately, he failed to consult with her beforehand. When she refused to go along with the sale, my client tried to get out of the deal by arg…
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Force majeure is a French term meaning “superior force.” It is a principle of contract law that excuses a breach of the contract by one of the parties when that breach is caused by some extreme, unexpected, unforeseeable, or unavoidable circumsta…
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Wading into the crowded field of Democratic presidential hopefuls, former New York Mayor Michael Bloomberg faced sharp attacks for his company’s use of non-disclosure agreements (NDAs) to ensure the confidentiality of settled sex discrimination cla…
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