SAV Law Firm Blog
Now, what about the example of poorly drafted terms and conditions? Going back to the privity of contract example involving a private golf club: What if now the NFT provided access to a person (like a famous celebrity who is selling an NFT that lets the buyer hang out with them for a day)? If the NFT is sold, does the celebrity now have the hang out with the new Buyer? Maybe. If they don’t, then it could be a breach of contract or fraud.
Good contract negotiation requires a clear understanding of a company’s key objectives in making a contract. Of course, this is easier said than done. After all, contracts can involve a transaction, as is the case in a sale, or a relationship, like employment. But whatever type of contract you’re negotiating, it’s crucial that you know what you want, what the other party wants, and know both you and the other party’s BATNAs (Best Alternative To a Negotiated Agreement).
We’ve all signed contracts, but how many of you have signed a contract and read every last word, and then understood every last word? Probably not most of you. Even though a lot of clauses are boilerplate clauses (a term widely used to mean standard or commonplace clauses) , it’s still important to know what they cover and to have some grasp of what those standard terms mean. If you’re in the situation where you sign a contract and have a disagreement with the other party to the contract, you’ll want to make sure you understand how boilerplate clauses may impact your case. There are numerous boilerplate clauses one might come across including dispute resolution, indemnification, assignment, force majeure, no waiver, merger, limitation of damages, warranty, confidentiality, severability, termination, and much more.
Okay, contractors! Yesterday, I made sure to call out the construction industry as a prime example of an industry vulnerable to COVID-19 lawsuits. Today, let’s see how we can combat this issue.
In this time of need where we should all be coming together, there are still circumstances that arise where a person needs to be made whole due to the careless and reckless behavior of another. Typically, suing someone for getting you sick requires proving that specifically that person was the cause of your illness AND that they were negligent or intentional in their actions in getting you sick.
It’s over 150 pages, but it’s a fascinating read for anyone who is into the law, film, or just Spider-Man. This contract, like every contract should, gets into the nitty-gritty of what they are allowed to do with the character(s), theme park representation, how logos must be displayed, whether end credits are to be used in calculating whether a 78 minute run-time was achieved, LeapFrog Enterprises Inc. integration, video game rights, depicting characters on baseballs and basketballs, McDonald’s Corporation promotions, Spider-Man popcorn oil, etc.
You gave FaceApp permission to use your photo. FOREVER. You can’t revoke that permission. You can’t get paid if and when they use your photo. They can license that photo to anyone, any company, or any government they want without your permission (and they can get paid for that). They can edit your photo without your permission and then use that as they see fit as well.
Epic went ahead and sued a man by the name of Thomas Hannah for breach of contract, misappropriation of trade secrets, and civil conspiracy. They are seeking injunctive relief, compensatory damages, punitive damages, and attorney’s fees. Thomas Hannah was a contractor that provided QA (Quality Assurance) services for Epic by playing unreleased builds of the game and reporting back about various bugs and data. Thomas Hannah also signed an NDA (Nondisclosure Agreement) agreeing not to reveal any confidential information he would receive as a part of his QA services. However, Hannah allegedly breached the NDA by leaking spoilers to another man (Adam DiMarco) who then posted the spoilers and leaked the future of Fortnite on Reddit for upcoming seasons.
The 1975 Magnuson-Moss Warranty Act just saved consumers a ton of headaches in 2018 and the future. Next time one of your devices breaks and you have to send it in, don't worry about those stickers they always tell you not to peel off. A few months ago, the FTC sent out warnings to some companies that were violating the Magnuson-Moss Warranty Act by requiring buyers of their products (who wanted to use the warranty) to do things like keep their warranty stickers on or not use their devices with third party accessories. They were given a deadline to change their policies or face "law enforcement action." The deadline is up.
Welcome back to Wisdom Wednesdays at SAV Law Firm Blog! Continuing the trend of easy to swallow information, guest blogging, and appealing to engineers with an interest in law, we have a glossary of terms that are important must-knows for any engineer. Regardless of whether you are going through an encounter with the law, these terms will help you understand the documents you and your team are signing when taking on a project. We wanted to post these early on during the life of our blog so that these terms could be referenced in future works without being worried that a reader may not know the meaning. We hope that you enjoy learning this "legal jargon" and also hope your return whenever you need to reference important terms.
