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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Letters of Intent

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Don’t Take Needless Chances When It Comes to Personal Jurisdiction, Forum Selection and Choice of Law

Posted in Contracts, Jurisdiction, Venue and Choice of Law, Letters of Intent, Pre-Litigation Considerations

Not spelling out in your agreements, even in informal agreements, where disputes can be resolved and what law will govern them can lead to some unhappy results. That is exactly the position that United Excel Corporation and its president, Ky Hornbaker, now find themselves.

Two Ways to Use Your Letter of Intent to Lock up a Deal – Maybe, For Good!

Posted in Contracts, Letters of Intent

Letters of intent (LOI) are routinely used after business people have reached some degree of common ground on a potential deal. Sometimes an LOI comes very early on, before the parties know whether an ultimate agreement is likely or not. In other situations, however, LOI’s are entered into only after there is agreement on all… Continue Reading

Letters of Intent Can Be Binding

Posted in Contracts, Letters of Intent

Like many lawyers, I learned way back in law school that an “agreement to reach an agreement is a contradiction in terms and imposes no obligation on the parties thereto,”  (Rosenfield v. United States Trust Co. ). What I didn’t learn until many years later, however, was that although a Letter of Intent (LOI) expressly says… Continue Reading