Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses
How is litigation involving spouses handled in Arizona?
This clause defines the scope of work in a construction project and the definition varies by source. For instance, American Institute of Architects Document A201-2007 defines "Work" as "construction and services required by...more
In Picot v. Weston, (filed 3/19/15, No. 12-17098), Plaintiff sought a declaration that there was no oral agreement between plaintiff and defendant concerning the sale of proprietary technology and alleged that defendant had...more
In the health care industry, payors and providers often have claims for both underpayment and overpayment arising from ongoing contracts or other health care services rendered.
When claims arise between a payor and a...more
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
Since 1994, Pennsylvania law has provided enhanced remedies for prevailing in a payment dispute arising out of a construction project. The prevailing party in a recent jury trial discovered uncertainty in the precise...more
On March 3, 2015, Justice Marcy S. Friedman of the New York Supreme Court granted in part and dismissed in part Defendant Greenpoint Mortgage Funding, Inc.’s Motion to Dismiss an action in which it was said to have...more
On February 23, 2015, Daughters of Charity Health System filed a complaint in Santa Clara County against Service Employees International Union, the local SEIU affiliate, and Blue Wolf Capital, the SEIU’s ally in a bid for the...more
The National Labor Relations Board (“Board” or “NLRB”) has long limited its involvement in disputes between employers and unions concerning labor agreements that provide for binding arbitration where the disputes involve...more
Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses.
This seminar discusses the case of Duggan, LLC v....more
Simple but Frequently Over-Looked Advice!
We have all signed contracts we did not thoroughly review. If we are being honest, we have probably all signed contracts we didn’t even read! While this is never a smart...more
In construction law, contracts are at the heart of our business; contracts between: owners and architects; owners and general contractors; contractors and subcontractors; and subcontractors and sub-subcontractors....more
Last week, the Pennsylvania Supreme Court, on certification from the United States Court of Appeals for the Third Circuit, ruled that the primary term of an oil and gas lease would not be equitably tolled during the pendency...more
On Tuesday, February 24, 2015, beginning at 9:00 am, the Supreme Court of Texas will hear argument in the following three cases...more
On February 11, 2015, the United States filed a complaint before the World Trade Organization (WTO), alleging that certain actions by the national, regional and local governments of the People’s Republic of China are in...more
In David Krebs v NHS Commissioning Board (As successor body to Salford Primary Care Trust)  EWCA Civ 1540 The Court of Appeal ruled that the NHS Commissioning Board (NHSCB) had not acted unreasonably in terminating a...more
Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more
This past Friday, I went to a seminar put on by the Antitrust and Complex Business Disputes Law Section of the North Carolina Bar Association in an almost successful effort to finish getting my required CLE hours for 2014. ...more
Delay Damages; “Total Cost” vs. “Modified-Total-Cost” Approach – A party may not establish delay damages under the “total cost” or “modified-total-cost” approach when uncontroverted record evidence attributes delay costs to...more
As a business owner, one of the many decisions you make is whether to file a lawsuit now or wait to see if the dispute gets resolved. Lawsuits can be unpleasant, and the potential expense leads many businesses to delay filing...more
You might have seen some of the recent media coverage of Gordon Ramsay’s court case relating to a personal guarantee given to his landlord that was signed using an “automated pen” operated by his estranged business partner...more
Before the newly enacted statutory amendment, 10 Delaware Code Section 8106(c), parties could shorten, but were not permitted to lengthen, an applicable limitations period by contract because an extension of the statute of...more
A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more
Dorchester Fin. Holdings Corp. v. Banco BRJ S.A., 2014 WL 7051380 (S.D.N.Y. Dec. 15, 2014).
In this contract case, the plaintiff alleged a contract with the defendant, who disputed the authenticity of the contract and...more
On November 6, 2014, the Florida Supreme Court resolved a conflict among the Fourth and Fifth District Courts of Appeal by holding that a court is not required to determine whether a contract is legal before enforcing an...more
In Fortis Advisors LLC, as the equity representative v. Dialog Semiconductor PLC, the Delaware Court of Chancery examined the implied covenant of good faith in the context of an earn-out provision included in a merger...more
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