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Good Faith

Court of Appeal Defines Good Faith Defense Under The UFTA

by Allen Matkins on

In 2015, the California legislature refurbished the Uniform Fraudulent Transfer Act and rechristened it as the Uniform Voidable Transactions Act. 2015 Cal. Stats. Ch. 44 (SB 161 (Vidak)). The UFTA has not left the stage...more

Janssen v. Celltrion, Damages: “Patent Dance” May Determine Availability of Lost Profits

On March 2, 2017, the United States District Court for the District of Massachusetts issued an order in Janssen v. Celltrion explaining that an accused patent infringer’s failure to fully engage in the Biologics Price...more

Delaware Supreme Court Issues New Standards Governing Master Limited Partnership Cases

by Morris James LLP on

Agreements for limited partnerships, in particular for publicly-traded master limited partnerships, are notoriously complicated and often hard to understand, so much so that two of the state’s judges co-wrote a detailed...more

Under Construction - March 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Payment of premium through the intermediary and rule of appearance

by DLA Piper on

The captioned judgment states a well-known case law principle in the field of motor third party liability, i.e. the damaged party enjoys full insurance cover if the insured party, liable for the accident, holds the...more

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

by Field Law on

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt...more

Pre-contractual Negotiations – a New Codified French Regime

by Reed Smith on

New French contract law provisions are now in force and apply to any contracts concluded after 1 October 2016. In previous related client alerts, we outlined this legal revolution in France and described the new...more

Florida Whistleblower Act Requires Showing of Actual Violation, Federal Court Rules

by Jackson Lewis P.C. on

Florida’s private-sector Whistleblower Act (“FWA”) protects only those employees who can show an actual violation of a law, rule, or regulation, a federal district court has held. Graddy v. Wal-Mart Stores East, LP, No....more

Focus on the Issue of “Corrupt Intent”

by Michael Volkov on

Legal and compliance practitioners are often asked to review a set of facts and determine whether the actors will potentially violate the FCPA. A lot has been written on the vagueness or lack of clarity surrounding the FCPA....more

New Rules in the Northern District of California Aim to Encourage Patent Case Settlements

New rules for patent cases in the Northern District of California will significantly affect litigation and settlement of cases in Silicon Valley’s backyard. Lawyers litigating cases in the district after the January 17, 2017...more

ITC Files Next Batch of Adams Spokane Vegetation Management Easement Cases

by Clark Hill PLC on

ITC has filed multiple condemnations in Macomb County Circuit Court seeking expanded vegetation management easements. I previously detailed ITC issuing good faith offers as a prelude to filling new condemnations seeking...more

New Year - New Insurance Law

by DLA Piper on

In an earthquake related judgment issued in late December 2016, the High Court (Court) found a mutual duty of good faith applied to parties to an insurance contract, including during the claims handling process. A breach of...more

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

by Jackson Lewis P.C. on

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in...more

ITC Issues Good Faith Offers for Adams-Spokane Line in Washington Township

by Clark Hill PLC on

ITC is seeking expanded vegetation management rights from property owners in Washington Township. ITC has issued numerous good faith offers to property owners in Washington Township. The offers, which are being received...more

Global Private Equity Newsletter - Winter 2017 Edition: Is Arguing Over the Appropriate Level of Efforts Worth the Effort?

by Dechert LLP on

The recent Delaware case, Williams Cos v. Energy Transfer Equity LP (No. CV 12168-VCG, (Del. Ch. June 24, 2016)), sought to provide some additional guidance on this question, but at bottom the standard adopted by the court is...more

Alberta Court of Appeal Revisits Contractual Good Faith Principles

by Bennett Jones LLP on

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

CFPB releases annual employee survey results, 2016-2020 Diversity and Inclusion Strategic Plan

by Ballard Spahr LLP on

The CFPB released two items at year-end:  the results of its 2016 annual employee survey and its updated Diversity and Inclusion Strategic Plan (Strategic Plan) for 2016-2020....more

IRS Grants Extension of ACA Information Reporting Deadline and Provides Good Faith Standards for 2016 Information Reports

by Franczek Radelet P.C. on

The IRS recently issued Notice 2016-70, which extends certain 2017 deadlines for employer information reporting under the Affordable Care Act (ACA) on health coverage offered to individuals during the 2016 calendar year. The...more

Extension for Good-Faith Reporting and 2016 Forms 1095-C and 1094-C

by McDermott Will & Emery on

On November 18, 2016, the Internal Revenue Service issued Notice 2016-70, extending both the due date for furnishing individuals with Forms 1095-C and 1095-B, in addition to certain good-faith transition relief to the 2016...more

Point of Interest: Sixth Circuit Complicates Sureties’ Duty Of “Good Faith”

by Carlton Fields on

A hefty body of law declares that “suretyship is not insurance,” and so that sureties are not subject to claims for the tort of insurance bad faith. E.g., Upper Pottsgrove Township v. Internat’l Fidelity Ins. Co., 976...more

Seattle Secure Scheduling Ordinance Set to Take Effect July 1, 2017

by Davis Wright Tremaine LLP on

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance, which applies to large retail and food service employers in Seattle. It requires these employers to provide employees with...more

Commercial Restructuring & Bankruptcy Alert - October 2016

by Reed Smith on

Welcome to the October 2016 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Excerpt from newsletter: DELAWARE AND NEW YORK AT ODDS OVER RECLAMATION...more

TechConnect - Your Law Firm Link to Industry News - September 2016

by Mintz Levin on

Letter from the Editors - Dear Readers, The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

No implied duty of good faith in termination clause

by Allen & Overy LLP on

In Monde Petroleum SA v Westernzagros Ltd [2016] EWHC 1472 (Comm) the High Court ruled that there was no implied term in a commercial contract that a party would not terminate in bad faith. There was no indication that the...more

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