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Contract Disputes Employment Contract

Quarles & Brady LLP

Supply Chain Survival Series: Remedies for Breach of Contract (Article #14)

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We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more

Holland & Knight LLP

Viaje al Pasado Legal: Una Reclamación en Piedra

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En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Anna Catalina Pérez, abogada del área corporativa, sobre lo que se cree que es el reclamo comercial más antiguo, que se remonta...more

Seyfarth Shaw LLP

Delaware Supreme Court Curbs Erosion of Forfeiture-for-Competition Protections

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Delaware has long been favored by businesses for many reasons, including its courts’ deference to parties’ ability to contract. Recently, however, the Delaware Chancery Court was seemingly less deferential to restrictive...more

Constangy, Brooks, Smith & Prophete, LLP

What employers can learn from the James Harden-Daryl Morey dispute

Watch your words. For about a decade, James Harden has been one of the better players in the National Basketball Association. During the same time period, Daryl Morey has been one of the better executives in the NBA, first...more

BCLP

HK Court of Appeal confirmed modern test on penalties in the employment context

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In the recent important decision of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873, the Hong Kong Court of Appeal adopted the modern test for penalty clauses as laid down in the UK Supreme Court decision in...more

BCLP

Timberbrook v Grant Leisure: staged payments, variations and termination clause

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The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more

Burns & Levinson LLP

The Dubious Enforceability of ‘Only Can Be Modified by a Written Instrument’ Clauses

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How many times over the years have you seen a clause in a contract stating that it only can be modified by a written instrument signed by the parties? Depending upon how long you have been practicing, the answer may well be...more

Littler

Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith

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In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more

Burr & Forman

South Carolina Professor Loses Breach of Employment Contract Case

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A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more

Epstein Becker & Green

California Court of Appeals Holds That No Initials Are of “No Legal Consequence” To Enforce Arbitration

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On July 8, 2020, the California Court of Appeals held that when an employee fails to initial a specific part of an arbitration agreement, but still signs it, the agreement is still enforceable....more

Gray Reed

Where Am I and How Did I Get Here (In This Venue)?

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In June 2019, David Dunwoody (“Dunwoody”) left his position as President of EnVen Energy Corporation (“EnVen”) amidst a scandal centering around his alleged involvement in a kickback scheme.  Dunwoody sued EnVen, the oil...more

Seyfarth Shaw LLP

Massachusetts Superior Court Axes an Attempt to Expand the Scope of the Seminal Non-Compete Law Concerning Material Change in...

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The Massachusetts Superior Court recently held in Now Business Intelligence, Inc. v. Donahue that a temporary reassignment during a business slowdown, consisting of the addition of certain non-billable duties, does not...more

PilieroMazza PLLC

[Webinar] COVID 19: PilieroMazza Addresses Client Concerns on the Impact to Their Business - March 18th, 2:00 pm - 3:00 pm ET

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As always, PilieroMazza’s primary focus is to keep our clients, resource partners, and the business community at large informed on how our attorneys can help you address your business and legal concerns. With Coronavirus...more

Harris Beach PLLC

Non-Competes and Other Restrictive Covenants: Two Perspectives, One Clear Picture

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For employers, non-compete agreements and other restrictive covenants, such as non-solicitation or non-disclosure agreements, can serve as a powerful tool to protect their business and defend their interests. However, these...more

Carlton Fields

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

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This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more

Womble Bond Dickinson

Arbitration Clauses in Employee Contracts and Beyond

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Chris Fairey, General Counsel for American Residential Services, one of the nation’s largest residential and commercial heating, air-conditioning, and plumbing services companies, sits down with Mark to discuss arbitration...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

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This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Littler

Easily “Shocked”? At Least for Wage Claims, California Supreme Court Lowers Standard for Unconscionability in Arbitration...

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In OTO, L.L.C. v. Kho, the California Supreme Court refused to enforce an employee’s arbitration agreement on the basis that it was unconscionable.  Unconscionability has long been a common-law defense to contract...more

Seyfarth Shaw LLP

10th Circuit Affirms that Employer Failed to Show How Past Harm Signified Future Irreparable Harm in Support of Preliminary...

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On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff’s, DTC Energy Group, Inc. (“DTC Energy”),...more

Fisher Phillips

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

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The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

Zuckerman Spaeder LLP

Segway Competitor Rolls Away from Former CEO’s Attempt to Force Arbitration

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A party seeking to enforce a contract has to show mutual assent, also referred to as “a meeting of the minds.” In other words, both parties actually have to agree on the same thing. If the parties don’t agree, then a contract...more

Ward and Smith, P.A.

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

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North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Bennett Jones LLP

Alberta Court of Appeal Revisits Contractual Good Faith Principles

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The organizing principle of good faith and the duty of honest contractual performance laid down by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin] do not give courts the ability to review the fairness of...more

Morris James LLP

Court Of Chancery Decides If Arbitration Required When Arbitration Clause Not In One Of Two Contracts

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When only one of two related contracts has an arbitration clause, the Court can still require arbitration of a dispute under the contract lacking that clause. The question is whether the two contracts deal with the same...more

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