How is litigation involving spouses handled in Arizona?
Partnership and Similar Agreements - Douglas W. Lubic, Esq.
In an opinion released on December 31, 2014, the Supreme Court of Minnesota held that medical staff bylaws can be an enforceable contract and that a hospital’s medical staff (as an unincorporated association) can have the...more
Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation.
According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of...more
When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the...more
The axiom "hard facts make bad law" never held so true than in the case of the Minnesota Supreme Court's decision in Medical Staff of Avera Marshall Regional Medical Center vs. Avera Marshall, issued on December 31, 2014. ...more
On Dec. 31, 2014, the Supreme Court of Minnesota issued its long-awaited decision in Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall. This case has drawn national attention, addressing the unanswered...more
On the last day of 2014 the Minnesota Supreme Court gave a hospital medical staff a double victory, ruling that (1) medical staff bylaws constitute a contract between the hospital and medical staff members and (2) the medical...more
A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more
A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority. SCOTUS announced that theme for the year with its BG Group decision in March and...more
J.B.B. Investment Partners, Ltd., et al. v. R. Thomas Fair, et al. -
Court Of Appeal, First Appellate District (December 5, 2014) -
The Uniform Electronic Transactions Act (UETA) was promulgated in Civil Code...more
It would be wonderful if everything in a Government contractor’s life were black and white: Both parties could live by the language in the contract and there would be no need to stray from that language. But that does not...more
The Ninth Circuit recently held that a putative class action asserting violations of the federal Telephone Consumer Protection Act (“TCPA”) was not subject to arbitration because the representative plaintiff was unaware of...more
Cresson SWD Services, L.P. vs. Basic Energy Services, L.P. is a warning about the perils of an oral agreement for a risky downhole procedure. Cresson hired Basic to make improvements on a saltwater disposal well by deepening...more
“Innovation” is a word that is heard with increasing frequency in outsourcing circles, despite the concept being not exactly new. This begs the question why it has now crept its way up the list of topics for consideration in...more
In a precedent setting case, the Supreme Court of Canada has: (1) recognized good faith as a "general organizing principle" of Canadian contract law; and (2) recognized a new duty of "honest performance", which requires...more
California Legislature Expands Government Code Section 1090 Liability to Those Who Aid and Abet -
An amendment to Government Code section 1090 now makes it a felony for any person to aid and abet a government official...more
Phoenix business law firm Jaburg Wilk Shareholder Roger Cohen discusses how litigation involving spouses is handled in Arizona. For more information visit www.jaburgwilk.com. ...more
Hot topics for the Technology and Sourcing team often relate to technology itself (the move to Cloud) or market developments (single versus multi sourcing; trends in contractual risk allocation). One current hot topic,...more
On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more
People sometimes forget that when you click “I Accept” or “I Agree”, you are entering into a legally-binding contract with the software company or website owner. And usually, the terms of the contract are extremely one-sided...more
A few months ago, the Ninth Circuit found that the arbitration agreement in Barnes & Noble’s website was not enforceable. This week, the Ninth Circuit found that the arbitration agreement Sirius XM Radio relied upon was not...more
You’re a subcontractor with employees at your customer’s worksite. The customer orders you to remove an employee from the project. In fact, the customer emails you that the employee’s repeated safety complaints are killing...more
There is very little required by law to make a contract enforceable. Some types of contracts are required to be in writing, such as anything to do with land, contracts for goods worth $500 or more, and contracts for services...more
Most cases in the United States settle. Insurers are well-aware of this fact. Thus, insurance companies employ consent-to-settle provisions in insurance policies to limit and control their liability in the likely event of a...more
A recent opinion from the Second Circuit Court of Appeals reaffirms that the Statute of Frauds will not void an oral agreement to pay commissions if the agreement lacks a fixed duration.
In Kroshnyi v. U.S. Pack...more
Many contracts contain clauses requiring parties to carry insurance and to agree to indemnify one party or another in the event of a lawsuit. Such language is typical in lease agreements, distribution contracts, and...more
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