Commercial Law & Contracts – May 23, 2012

by McDermott Will & Emery on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of...more

by Katten Muchin Rosenman LLP on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit last week held that any state claim related to the Federal Emergency Management Agency’s (FEMA) “Write Your Own” (WYO) flood insurance program is preempted by federal law if it...more

by Dechert LLP on 5/7/2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more

by BuckleySandler LLP on 4/30/2012

On April 17, 2012, the Appellate Division of the New York Supreme Court held that federal laws and regulations do not preempt state contract and consumer protection laws, reversing an earlier trial court decision dismissing a...more

by Katten Muchin Rosenman LLP on 4/18/2012

Section 2(a)(iii) of every standard International Swaps and Derivatives Association (ISDA) Master Agreement provides in relevant part that a non-defaulting party does not have to perform so long as any event of default or...more

by Spilman Thomas & Battle, PLLC on 4/13/2012

Over the past decade, arbitration under the Federal Arbitration Act1 (“FAA”) has been the subject of much debate and discussion among courts across the United States, including both the West Virginia Supreme Court of Appeals...more

by Sheppard Mullin Richter & Hampton LLP on 3/29/2012

On March 16, 2012, the Ninth Circuit followed the recent U.S. Supreme Court decision in AT&T Mobility, Inc. v. Concepcion, 131 S. Ct. 1740 (2011), and held that the Federal Arbitration Act (the FAA) preempts state law...more

by Kocks & Partners Rechtsanwälte Belgien on 3/27/2012

In this first article in a series of selected topics on franchise law in Belgium, we will have a closer look on the possibilities for parties to a franchise agreement to unilaterally terminate this franchise agreement under...more