News & Analysis as of

Breach of Contract › Failure to Comply

Lewitt Hackman

Franchisee 101: Extra Cheesed Franchisee

Lewitt Hackman on

A federal district court in Texas denied a preliminary injunction filed by a franchisee (“EYM”) after Pizza Hut, as franchisor, terminated the franchise agreements....more

Bradley Arant Boult Cummings LLP

No Written Notice of Delay? Big Problem! Court Sides with Contractor in Termination Dispute

Bradley Arant Boult Cummings LLP on

Earlier this week we saw the court in Patriot Construction use the waiver doctrine to excuse a subcontractor’s failure to strictly comply with the documentation requirements of the contract. As a litigant in Illinois federal...more

Carlton Fields

Southern District of New York Rejects Claim That a Letter Threatening to Terminate a Reinsurance Agreement Terminated the...

Carlton Fields on

The Southern District of New York has concluded that an insurer’s threat to terminate a reinsurance agreement if the other insurer to the agreement did not comply with its obligations did not terminate the agreement or give...more

Butler Snow LLP

Creditor’s failure to comply with a foreclosure settlement agreement leads to not one but two federal actions by debtors, and...

Butler Snow LLP on

In a murderer’s row of what not to do as a mortgage creditor, the 11th Circuit recently reversed summary judgment in favor of a creditor for alleged violations of the Fair Credit Reporting Act (“FCRA”), Florida Consumer...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Denies Plaintiff’s Request for Additional Time to Serve Complaint After Plaintiff LLC Failed to Appear Through...

Sheppard Mullin Richter & Hampton LLP on

Pursuant to New York Civil Practice Law and Rules § 306-b, a plaintiff is required to serve a summons and complaint within 120 days of commencing an action. Although a court may grant an extension of this deadline for good...more

Proskauer - Not for Profit/Exempt...

Brooklyn Supreme Court Recognizes Private Right of Action for Not-for-Profit Employees under New York Nonprofit Revitalization Act...

Proskauer - Not for Profit/Exempt... on

Not-for-Profit Corporation Law (“NPCL”) § 715-b, enacted as part of the New York Nonprofit Revitalization Act, requires New York not-for-profit corporations with 20 or more employees and annual revenue in excess of $1 million...more

Mintz - Privacy & Cybersecurity Viewpoints

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

Mintz - Privacy & Cybersecurity Viewpoints on

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

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