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David Sanborn
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The US District Court in Massachusetts has rendered an interesting decision in the area of competing forum selection clauses in purchase orders, quotes and invoices. Purchase orders of Massachusetts' buyers should provide not only that disputes must be heard in our local courts but also that the "foreign" seller sign the purchase order. The purchase order should also contain a "merger clause" that rejects conflicting terms in the seller's forms and accepts the terms of the buyer's purchase order. See Liddell Brothers, Inc. v. Impact Recovery Systems, Inc. 

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Saturday, April 16th, is National Healthcare Decisions Day.  It is an effort to promote awareness of the need for planning and signing basic healthcare documents before the need arises.  Those documents are Health Care Proxies and Living Wills.  It is not just the elderly who need these documents (although the elderly are the biggest consumers of health care).  Young people should have them, too.  I once had a case where a young woman was in a temporary coma after an auto accident and the parents were in a frenzy because they could not deal with the doctors and hospital for lack of a health care proxy.  A Health Care Proxy names the person(s) you entrust to make medical decisions for you in the event that you are unable to make them (or communicate them) for yourself.  A Living Will expresses your preferences in the event of a medical emergency or terminal illness.  My advice: Do not wait for a medical emergency to address these issues.  Another important planning document is the Durable Power of Attorney which names a person you trust to handle your financial affairs during a period of incapacity or illness.

Saturday, April 16th, is National Healthcare Decisions Day.  It is an effort to promote awareness of the need for planning and signing basic healthcare documents before the need arises.  Those documents are Health Care Proxies and Living Wills.  It is not just the elderly who need these documents (although the elderly are the biggest consumers of health care).  Young people should have them, too.  I once had a case where a young woman was in a temporary coma after an auto accident and the parents were in a frenzy because they could not deal with the doctors and hospital for lack of a health care proxy.  A Health Care Proxy names the person(s) you entrust to make medical decisions for you in the event that you are unable to make them (or communicate them) for yourself.  A Living Will expresses your preferences in the event of a medical emergency or terminal illness.  My advice: Do not wait for a medical emergency to address these issues.  Another important planning document is the Durable Power of Attorney which names a person you trust to handle your financial affairs during a period of incapacity or illness.
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