News & Analysis as of

Enforcement Contract Terms

Ward and Smith, P.A.

Amending Your Planned Community's Declaration

Ward and Smith, P.A. on

The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more

Bracewell LLP

Forced Enforcement? The Fine Line in the CFTC’s Approach to Market Manipulation

Bracewell LLP on

On 27 August 2024, a Swiss commodity trader entered into a settlement agreement for $48 million with the US Commodity Futures Trading Commission (“CFTC”) in relation to alleged market manipulation charges. This case, rooted...more

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

Freiberger Haber LLP on

By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

BCLP on

In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. District Court Enjoins Enforcement of Key Portions of DOL’s Davis-Bacon Act Rule

The U.S. District Court for the Northern District of Texas granted a preliminary injunction against sections of the U.S. Department of Labor’s recently issued Davis-Bacon Act regulation amendments. The Court enjoined the...more

Freiberger Haber LLP

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

Freiberger Haber LLP on

Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged...more

Snell & Wilmer

The Ninth Circuit Finds Tribal Nation Waived Sovereign Immunity Through Arbitration Provision

Snell & Wilmer on

On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...more

Snell & Wilmer

Practical Tips for Negotiating an Effective Contractual Limitation of Liability

Snell & Wilmer on

In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

ArentFox Schiff on

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Mintz - Privacy & Cybersecurity Viewpoints

Major Win for California Privacy Protection Agency: Enforcement of Regulations Can Begin Immediately

If you have been relying on last year’s court order staying the ability of the California Privacy Protection Agency (CPPA) to enforce regulations promulgated under the California Privacy Rights Act (CPRA) to also stay your...more

Venable LLP

Your 2024 Outlook: California’s Enforcement Trends and New State Laws Governing Automatic Renewal Programs

Venable LLP on

It’s that time of year again. Regardless of what you call them—subscriptions, negative option programs, automatic renewals, or continuous service offers—states are continuing to enact and enforce new laws with increasingly...more

Freiberger Haber LLP

Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too...

Freiberger Haber LLP on

This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more

Womble Bond Dickinson

Avoiding Supply Chain Disruption in International Trade Commission Section 337 Investigations

Womble Bond Dickinson on

Companies invest in securing supply chains from disruption by economic and political factors, financial difficulties of suppliers, and, as we’ve recently seen, global pandemics. For those either importing goods or relying on...more

Society of Corporate Compliance and Ethics...

Federal Trade Commission proposes a noncompete ban: Five things to know

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

White & Case LLP

Uyghur Forced Labor Prevention Act: Commercial Implications, Compliance Challenges and Responses

White & Case LLP on

The rebuttable presumption of the Uyghur Forced Labor Prevention Act ("UFLPA") took effect on June 21, 2022. As a reminder, under this presumption for purposes of Section 307 of the Tariff Act of 1930, goods produced in the...more

Williams Mullen

Beware - Increased Scrutiny on NDAs

Williams Mullen on

​​​​​​​Last month, a Maine law went into effect banning the use of non-disclosure agreements (NDAs) that have the effect of silencing employee complaints of workplace misconduct. It is merely the latest in a growing list of...more

Proskauer - Law and the Workplace

D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification Amendment Act of 2022 (“the Amendment”). As...more

Snell & Wilmer

A Deal is a Deal in Utah: Utah Court Enforces “Walk-Away” Settlement Despite Subsequent Disagreements On Terms

Snell & Wilmer on

In the construction arena, there is a constant dialogue between owners, builders, and designers about changes to original deal terms. It’s natural and expected. And sometimes those dialogues lead to disagreements, and...more

Eversheds Sutherland (US) LLP

California anti-secrecy bill seeks to alert public of environmental hazards and defective products

Recent legislation in California may increase legal costs, make settlements more difficult, and risk confidential business information being released to the public. The Public Right to Know Act of 2022 seeks to prohibit...more

Perkins Coie

Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022

Perkins Coie on

In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits...more

Schwabe, Williamson & Wyatt PC

Federal Contractors Must Pay Workers At Least $15 Hourly According to New Department of Labor ‎Rule

Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the...more

Smith Anderson

OMB Pauses Enforcement of Federal Contractor Vaccine Mandate In Light of Court Injunctions

Smith Anderson on

On December 9, 2021, the Office of Management and Budget issued updated guidance to address the nationwide injunction that currently bars, on a preliminary basis, enforcement of the federal vaccine mandate. For federal...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Design Builder - Style Points

Dear YouDig? We are a design builder with jobs throughout Ohio and the Midwest. We have noticed an increase in workplace discrimination and hostility on many of the jobs we are running. This is definitely not our style...more

Sheppard Mullin Richter & Hampton LLP

The Impact of COVID-19 on M&A Transactions - Part 2: Deal Terms

The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is...more

World Law Group

[Webinar] The Impact of the COVID-19 Crisis on Mergers and Acquisitions and Related Contracts - May 20th, 9:00 am - 10:00 am EDT

World Law Group on

In the framework of the catastrophic impact of COVID-19 on business activities around the world, following topics will be addressed by panelist of different jurisdictions around the globe: (i) Contract enforcement, (ii)...more

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