Commercial Contracts

News & Analysis as of

Changes to the Civil Code of the Russian Federation (the "RCC") relating to Contract Law and the Law of Obligations

Federal Law No. 42-FZ dated 4 March 2015 (On Amendments to Part I of the Civil Code of the Russian Federation) (the "Law") was signed by the President of the Russian Federation on 8 March 2015 and is aimed at amending certain...more

Recent Developments in the Canadian Law of Contract

In 2014, the Supreme Court of Canada rendered two decisions relating to the law of contract. Parties doing business in Canada should be aware of these decisions because they have significantly changed how contracts are to be...more

Federal Court Practice Update for Insurance Matters

Recent changes in the Federal Court of Australia will streamline how insurance matters are managed and heard by the Court. Specific judges will be allocated to hear insurance related cases within the national Commercial &...more

Contracts 101: Read Twice, Sign Once

Fast and loose; quick and dirty; speedy and greedy are three ways to describe businessmen and women who enter into contracts without reading the fine print. As soon as an executive signs his or her name to an endlessly long...more

2015: This Is The Year Ahead: Summary Of Likely Trends And Legislative Developments Across Asia This Year

In This Issue: China; Hong Kong; Japan; Korea; and Singapore. Excerpt from Korea: The Korean government is proposing to amend the Employee Retirement Benefit Securities Act to promote the implementation...more

Not Worth The Paper It's Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule

This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol...more

Businesses Should Review Terms of Energy Supply Contracts

Now is the time to determine if your business is vulnerable to price swings for electricity and natural gas supply due to the volatility of the wholesale market. With cold winter months ahead, money-saving options may be...more

Commercial Contracts Include an Implied Duty of Good Faith

There has long been an implied duty that an employer must act in good faith when terminating employment contracts. Until now, such a duty was not necessarily implied in other commercial contracts. However, all companies...more

Planning for the Inevitable – Tips for Planning for Disagreements in Outsourcing and Other Commercial Contracts

Disagreements over the course of a commercial relationship are inevitable. A pitfall of many commercial contracts is that the parties often incorporate “boilerplate” dispute resolution clauses that simply state that all...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

Comparing Franchise Relationships and Beer Distribution Relationships

Beer distribution laws differ from traditional franchise laws in many ways, but they do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer into a...more

Good Faith in Government Contracting: Board of Contract Appeals Adheres to Reasonableness Standard Revived by the Federal Circuit...

Ever since the Federal Circuit’s 2010 decision in Precision Pine & Timber, Inc. v. U.S., the controlling standard for the government’s duty of good faith and fair dealing has been in flux. Prior to Precision Pine, it was...more

About that English Law and Arbitration Clause: Consider enforcement implications before signing

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom specify English law as controlling, with a clause providing for arbitration of...more

What should I do when a commercial dispute lands on my desk?

When a dispute arises, a risk manager/in-house counsel may find it difficult to remember everything they should keep in mind while trying to get to grips with the factual/legal issues and putting in place a litigation...more

High Court Clarifies Duties To Subsequent Purchasers – Brookfield Multiplex v Owners Corporation

The duty of care owed by a builder to subsequent purchasers of a building has long been a source of contention. In a decision handed down on 8 October 2014, the High Court in Brookfield Multiplex Limited v Owners Corporation...more

Guide To Doing Business in New Zealand: Company Law

COMPANY LAW - Some general matters relating to company law in New Zealand are discussed below. REGULATORY SCHEME - The Companies Act principally regulates companies. The Companies Act, together with major...more

A Rare Judicial Look at the Contracts (Rights of Third Parties) Act

The recent Part 8 decision in Hurley Palmer Flatt v Barclays Bank Plc considered the application of the Contract (Rights of Third Parties Act) 1999 (the Act) and whether a third party could rely on the contractual right to...more

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business...more

Focus on Regulatory Law - October 2014

In This Issue: - Regulatory Authorities - Energy - Public Economy Law - State Aid - Contract - Public Health - In Brief - Excerpt from Regulatory Authorities: French Competition...more

A New Era For "Good Faith" In English Contract Law – The Next Instalment?

In Bristol Groundschool Ltd v Intelligent Data Capture Ltd & ors [2014] EWHC 2145 (Ch), 2 July 2014, Richard Spearman QC (sitting as Deputy Judge of the Chancery Division) implied a general duty of good faith into what the...more

N.C. Supreme Court Issues Significant Ruling On Commercial Forbearance Agreements and Spousal Guaranties

On August 20, 2014, the North Carolina Supreme Court issued an opinion giving great weight to properly-drafted forbearance agreements in a commercial loan and guaranty context. RL REGI N.C., LLC v. Lighthouse Cove, LLC, No....more

Don’t forget the September 23, 2014 deadline to ensure your Business Associate Agreements comply with the Omnibus Final Rule

Under the Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule published January 25, 2013, 78 Fed.Reg. 5566, Covered Entities (CEs) with Business Associate Agreements (BAAs) that were entered on or...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

Government Contracts Quarterly Update - July 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics will...more

Contracts Update: Consequential Loss: It's All In The Definition

Recent developments in NSW reinforce the importance of not only expressly defining the term 'consequential loss' in contracts, but also carefully considering what categories of losses the exclusion is intended to cover, in...more

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