contracts

Defenses to Performance of COVID-19 Impacted Contracts

A recent decision by an Orange County Superior Court judge confirms the viability of the defenses of impossibility or impracticability of performance of certain COVID-19 impacted contracts, and finds a remedy is reformation of such contracts in accordance with the equities of a particular case. Balboa Capital Corporation v. Ederra Plastic Surgery, PC, Case No….

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“Dilbert” On Contracts

As those of you who know me well, or have caught my article or presentations on it, I’m evangelical about writing and revising contracts in understandable, conversational English. To me, a contract’s primary objective is to be a clear set of instructions. This puts the parties on the same page about its subject matter, and…

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Got Bad Reviews? That’s Too Bad, Under New Law

It’s been said that “opinions are like a________s – everyone has one”.   But they can do serious damage to a business when they take the form of negative reviews online. People are entitled to express their opinions (it’s that pesky free speech thing).  Reviews have become powerful influencers.  Most of us won’t consider buying or…

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