Perspective
Feb. 24, 2012
Advance waiver: the interpretation of intent
Never leave ambiguous language unresolved, everything depends on interpretation. By Sarah P. Condor-Fisher of CondorLaw
May a conflict of interests be waived in advance? The court has interpreted advance waiver to be a contract. UMG Recordings Inc. v. MySpace (C.D. Cal 2007) 526 F.Supp.2d 1052. Although generally enforceable, such a contract may also be defended on a contractual basis. Thus, in the UMG case, although the parties recognized the contract, the court found that pursuant to the very wording of the contract, the exclusion for "...
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