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	<title>On Technology Contracts</title>
	<link>http://www.ontechnologycontracts.com</link>
	<description>Helping build tools for progress</description>
	<lastBuildDate>Tue, 09 Feb 2010 02:31:07 +0000</lastBuildDate>
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	<item>
		<title>Reading notes</title>
		<description><![CDATA[Athletes’ Scandals Spark Interest in Endorsement Insurance &#8211; NYTimes.com
&#34;[T]he stock prices of the seven publicly held companies that have or had sponsorship deals with [Tiger Woods] lost $12 billion in market value in the month after Woods’s statement in December that he was taking a leave from golf &#8230;.&#34;  Companies are increasingly seeking to [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/02/reading-notes-19/</link>
			</item>
	<item>
		<title>Minor warranty breaches can add up to a material breach, says UK court</title>
		<description><![CDATA[I&#8217;ve sometimes written into contracts that multiple non-material breaches of a contract, even if cured, can add up to a material breach. A UK court held that this was the case in a lawsuit by British Gas against global consulting-firm Accenture (formerly Andersen Consulting) over alleged defects in a customer-billing system.  See this article [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/02/minor-warranty-breaches-can-add-up-to-a-material-breach-says-uk-court/</link>
			</item>
	<item>
		<title>Reading notes</title>
		<description><![CDATA[Dell arbitration agreement in box not enforceable because customer had no opportunity to return product &#124; Morrison Foerster


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]]></description>
		<link>http://www.ontechnologycontracts.com/2010/02/reading-notes-18/</link>
			</item>
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		<title>Cramming down a killer contract might give you a wounded tiger to deal with later on</title>
		<description><![CDATA[Something else we discussed in class yesterday:  Suppose a customer company has a lot of bargaining power. And suppose the customer uses that power to force a vendor to make some tough concessions in a contract negotiation.  
The customer&#8217;s negotiators might well regard those concessions as an entitlement:  We&#8217;re the big dog; [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/02/cramming-down-a-killer-contract-might-give-you-a-wounded-tiger-to-deal-with-later-on/</link>
			</item>
	<item>
		<title>Reading notes</title>
		<description><![CDATA[Software Reseller Agreements &#124; Wahab &#38; Medenica

Answering When Your Guaranty Is Called &#8211; Farella Braun &#38; Martel
A useful survey of guaranty issues, including some of the whys and whens as well as tips on dangerous boilerplate.


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		<link>http://www.ontechnologycontracts.com/2010/02/reading-notes-17/</link>
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		<title>Contracts aren&#8217;t computer programs: they&#8217;re just one type of tool for motivating fallible humans</title>
		<description><![CDATA[During a discussion yesterday in my contract-drafting class, I pointed out that&#160;&#8212; 

Contracts are not computer programs that will be carried out, exactly as written, by mindless, disinterested robots.  Quite the opposite: contracts try to encourage human beings.  We generally aren&#8217;t mindless, and often we&#8217;re anything but disinterested;
Legal obligations are just one type [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/02/contracts-arent-computer-programs-theyre-just-one-type-of-tool-for-motivating-fallible-humans/</link>
			</item>
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		<title>Misstatements during contract talks might cost EDS an extra $270 million</title>
		<description><![CDATA[I plan on spending some time in my contract-drafting class talking about this case:  

British Sky Broadcasting contracted with EDS to develop a customer relationship management (CRM) software system, and eventually filed suit when things didn&#8217;t go as planned.
The judge concluded that EDS made fraudulent misrepresentations when one of its senior UK executives lied [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/02/eds-british-sky-overpromising/</link>
			</item>
	<item>
		<title>Reading notes</title>
		<description><![CDATA[Global Arbitration Review
I just discovered this collection of arbitration articles; the ones I glanced at were by name-brand law firms.


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]]></description>
		<link>http://www.ontechnologycontracts.com/2010/01/reading-notes-16/</link>
			</item>
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		<title>Attorney&#8217;s-fees clauses automatically become &#8220;loser pays&#8221; under California law</title>
		<description><![CDATA[Suppose a contract contains a one-way attorneys&#8217; fees provision&#160;&#8212; for example, a provision in a technology license agreement that the licensor can recover attorneys&#8217; fees incurred in enforcing the license agreement. 
And suppose the contract is governed by California law.  
It appears that, under California Civil Code &#167;&#160;1717(a), that contract provision is automatically and [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/01/attorneys-fees-clauses-automatically-become-loser-pays-under-california-law/</link>
			</item>
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		<title>Capitalize IF and THEN for easier reading</title>
		<description><![CDATA[Something I&#8217;ve been doing for awhile is to capitalize IF and THEN in a complex sentence, and to use colons and semi-colons to set them off.  For example:

IF: A Product includes computer software, including for example software embedded in hardware; THEN: Reseller may not copy, disassemble, decompile, or reverse engineer the software, nor assist [...]]]></description>
		<link>http://www.ontechnologycontracts.com/2010/01/capitalize-if-and-then-for-easier-reading/</link>
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