6 Key LOI Terms to Negotiate Before Signing

The practical value of a well-drafted contract often becomes apparent after signature, when the parties seek to change its terms, transfer contractual rights or resolve a disagreement about what was agreed. Variation, assignment and entire agreement clauses deserve careful attention during negotiations. Often described as ‘boilerplate’, these provisions need to reflect the transaction and the intended relationship between the parties. Aubrey Wood’s latest article examines their role in commercial contracts and the risks of relying on standard wording without considering its application. Read the full article in the comments below. #CommercialContracts #ContractLaw #BusinessLaw #CulbertEllis

CASL Backs Echo Law Shareholder Class Action Against Cochlear Over FY26 Profit Guidance Australian funder CASL is supporting a shareholder class action against Cochlear in the Supreme Court of Victoria. Echo Law is running the claim on behalf of investors who bought shares between August 15, 2025 and April 21, 2026. It alleges breaches of continuous disclosure obligations and misleading or deceptive conduct. Cochlear cut FY26 underlying net profit guidance from A$435-460 million to A$290-330 million on April 22. The shares fell 40.7% in a single session, the largest one-day drop since listing, erasing more than A$4 billion in market value. Cochlear denies the allegations and says it will defend the proceedings. #LitigationFinance #LegalFunding #litfin #LegalIndustry #ThirdPartyFunding https://lnkd.in/e__SivBV

𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗱𝗲𝘁𝗲𝗿𝗺𝗶𝗻𝗲𝘀 𝘁𝗵𝗮𝘁 𝗽𝗿𝗼𝗰𝗲𝗱𝘂𝗿𝗮𝗹 𝗻𝗼𝗻-𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗰𝗮𝗻 𝗼𝗻𝗹𝘆 𝗲𝘅𝗰𝗲𝗽𝘁𝗶𝗼𝗻𝗮𝗹𝗹𝘆 𝗱𝗲𝗳𝗲𝗮𝘁 𝗮 𝗿𝗶𝗴𝗵𝘁 𝘁𝗼 𝗺𝗮𝗻𝗮𝗴𝗲 𝗰𝗹𝗮𝗶𝗺 Sophie Gibson has written a case analysis for LexisNexis on 𝘈𝘷𝘰𝘯 𝘍𝘳𝘦𝘦𝘩𝘰𝘭𝘥𝘴 𝘓𝘵𝘥 𝘷 𝘊𝘳𝘦𝘴𝘵𝘢 𝘊𝘰𝘶𝘳𝘵 𝘌 𝘙𝘛𝘔 𝘊𝘰𝘮𝘱𝘢𝘯𝘺 𝘓𝘵𝘥.  The Supreme Court has held that failure by an RTM company to serve a qualifying tenant with a notice of invitation to participate did not invalidate its right to manage claim. The court distinguished substantive conditions governing entitlement under the Commonhold and Leasehold Reform Act 2002 from procedural requirements governing the acquisition process, holding that the latter are not ordinarily grounds for a landlord’s counter-notice. The decision significantly restricts procedural objections to RTM claims, while leaving scope for exceptions where the objector is sufficiently connected with, or prejudiced by, the procedural failure. Its reasoning may also affect challenges under analogous statutory property regimes, including collective enfranchisement. Justin Bates KC and Sophie Gibson acted for Avon Freeholds Ltd. ➡️ Click here to read the article on the LexisNexis website (paywalled): https://lnkd.in/eGXn-V7t #PropertyLaw #Leasehold #Property

Two and a half years. No charge. If a case like this is pursued, how could a better-designed process have brought the decision far sooner?   That was the Manchester City case in July 2021, when Males LJ, in the Court of Appeal, called the lack of progress surprising.   Much of that time went on process: who should decide, and whether documents had to be produced. Neither question touched the merits.   The charges came in February 2023. Press reports state the decision came more than three and a half years later. An appeal hearing, by contrast, should conclude within 12 weeks.   In our view, three features would help: (i) an appointment neither side controls; (ii) documents decided by order inside the case; and (iii) a fixed end date.   pinqArbitrate is built on all three. pinqDR selects the arbitrator, and the process will often conclude within 8 weeks. It is confidential unless both parties agree otherwise.   Our new blog follows up our piece on where the years went.   Read the full blog: link in the comments.   #Arbitration #Disputes #SportsLaw #pinqDR

Exclusivity sounds like a win until you're the party locked out of better options. 👇 Exclusivity clauses get requested often and drafted carelessly even more often. Before you agree to one — or ask for one — here's what actually needs defining: #ExclusivityClause #ContractDrafting #CorporateLaw #LegalTips

BUYING A PRACTICE? YOU’LL WANT TO KNOW THIS TERM. LOI = Letter of Intent. Think of an LOI as an early roadmap for a practice transaction. It captures the key business terms the buyer and seller have discussed and agreed upon before the formal Purchase Agreement is prepared. But don’t mistake “early” for “unimportant.” What goes into an LOI can shape the negotiations and the transaction that follows, which is why understanding its terms matters. 📌 Know the vocabulary. Know the process. Make informed decisions. Save this post or follow The Gillis Firm for more legal terms and practice ownership insights. #thegillisfirm #practiceownership #practiceacquisition #healthcareattorney #healthcarelaw

The Competition Commission has taken the unprecedented step of asking the Competition Tribunal to reverse its approval of Premier Group’s R6 billion acquisition of RFG, claiming the parties concealed plans to close RFG’s Tulbagh canning business.

Hmmm. AGAC conference is yet again discussing harmonisation of Enduring Powers of Attorneys. This conversation has been held for at least 28 years and still nothing tangible comes from it. Are we getting close to harmonisation, or in reality, is it time to acknowledge that harmonisation is not going to happen and let it go? Is it time to redirect our best people and minds to other worthy projects that are achievable in a more reasonable time frame?

In Sterlington’s latest client alert, partner Kevin Collins examines the implications of California’s COMPETE Act for distribution, supplier, and employment arrangements. He also considers the limits on private claims and the questions courts will need to resolve around “substantial market power.”   The Act (AB 1776) takes effect January 1, 2027, giving the Attorney General and district attorneys new powers to challenge anticompetitive conduct by a single company under state law.   Read the full client alert: https://lnkd.in/dZEdWVyh    For questions about California’s COMPETE Act and what it could mean for your business, reach out to Kevin Collins.   #Antitrust #CompetitionLaw #COMPETEAct

Better case selection = stronger profitability. The afternoon personal injury stream at Claims Futures 2026 will explore practical ways for PI firms to protect their margins and keep cases moving in a fixed-cost environment.   Here’s what’s on the agenda:   Profitable by design: Smarter case selection in a fixed-costs world 🔉 Johan Larsson, Verisk 🔉 Rhys Davies, Aequitas Legal Solicitors Limited 🔉 Philip Liptrot, Thompsons Solicitors   Navigating the Damages Claim Portal 🔉 Alexander Davenport, Irwin Mitchell   Join us for practical ideas to improve your firm’s operational efficiency. 📅 21 October 2026 📍 Emirates Old Trafford, Manchester Limited tickets available now: https://lnkd.in/eB3jsSyX #ClaimsFutures