News & Analysis as of

Oral Contracts

What You Need To Know About Business Contracts

by Revision Legal on

Business Contracts 101: The Basics - When you are running your business, almost everything you do is contractual, even if you do not see yourself as making and accepting contracts. If you email over a purchase order to...more

2017 Summer review: M&A legal and market developments

by White & Case LLP on

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

Oral construction contracts: RCS Contractors Ltd v. Conway, a costly affair indeed

by Dentons on

Certainty in a construction contract is all the more important when adjudication is envisaged to have to take place under a demanding timetable. The adjudicator has to start with some certainty as to what are the terms of the...more

Partnership Dissolution And A Chief Judge’s Lament

by Allen Matkins on

Decisions by U.S. District Court judges typically begin with an identification of the parties, an explanation of the procedural posture of the case, or a description of the dispute. Chief Judge Lawrence J. O’Neill, however,...more

Practical Tips Regarding Oral Contracts to Make Wills

by LeClairRyan on

This blog post is part 2 of the series on oral contracts to make wills, and this post contains several practical tips for how a person can optimize his chances of winning a claim for breach of an oral contract to make a will....more

Oral Contracts to Make Wills

by LeClairRyan on

The vast majority of people have no idea that Virginia law recognizes oral contracts to make a will. As a result, people often miss out on asserting a claim to an inheritance because they didn’t know that they had one to...more

Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?

by LeClairRyan on

You’ve found the right partner; you’ve found the right ring; and your fiancee accepted. Now imagine your fiancee unexpectedly breaks off the engagement. You are devastated. Your friends tell you there are plenty of fish in...more

Court Holds That There Was No Harm In Failing To Submit A Breach Of Fiduciary Duty Question To A Jury

by Winstead PC on

In Gengenbach v. Rodriguez, a defendant alleged a counterclaim for breach of fiduciary duty arising from a farming operation. No. 13-14-00711-CV, 2016 Tex. App. LEXIS 12289 (Tex. App.—Corpus Christi November 17, 2016, no pet....more

Securing assent: The Internet twist of electronic contracts

by Thompson Coburn LLP on

If any area of the law could be shielded from the all-consuming influence of the Internet, it ought to be the age-old law of contracts. Nothing about the Internet changes basic elements of contract law, like requirements of...more

“Red Herring” or “Alternate [U-verse]”? Court Allows Cable Network to Go Beyond Written Contract in Claims Against Distributor

2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc. That transactional wave is beginning to spawn a litigation wave,...more

Avatar Wins Against Another Copyright Owner… in an Unusual Manner

by Dorsey & Whitney LLP on

A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more

Contractual amendments – “only in writing and signed by the parties”

by Reed Smith on

We often see contracts containing wording along the lines of: “This Agreement may not be amended, except by the mutual written agreement of the Parties.” The recent decision of the Court of Appeal in Globe Motors Inc.,...more

Pennsylvania Commonwealth Court Holds Enforceable School District’s Oral Promise to Pay Subcontractor for Returning to Job after...

by Pepper Hamilton LLP on

Zacherl, Inc. v. Flaherty Mechanical Contractors, LLC, 131 A.3d 1030, 2016 Pa. Commw. LEXIS 22 (Jan. 6, 2016) - The West Allegheny School Board (the “School Board”) voted to approve the School District’s (the...more

2015 Georgia Corporation and Business Organization Case Law Developments

by Bryan Cave on

This survey covers the legal principles governing Georgia businesses, their management and ownership. It catalogs decisions ruling on issues of corporate, limited liability company and partnership law, as well as transactions...more

Molek v. Molek and Parol Partitions

by Tucker Arensberg, P.C. on

Oral agreements to partition lands are tricky situations that must be dealt with carefully when analyzing the title to a piece of property. Known legally as parol partitions, these agreements often arise in the context of...more

Jarmoc and Jarmoc: A Modern-day Bleak House?

by Garvey Schubert Barer on

A family feud recently unfolded in the Connecticut probate court, a typical venue for family feuds to play out after the death of a successful business owner. That is the case especially when a contested will is produced...more

So You Want To Sell Your Business… PART 2 of 4 – Preparing for the Sale

by Baker Donelson on

In our last installment we focused on the reasons why a business owner might wish to undertake a sale of a closely held business. Assuming that those reasons have been determined with ample time to prepare for a sale of the...more

Estate Did Not Own Real Estate Because Court Affirmed Finding Of Inter Vivos Oral Gift Of Real Estate

by Winstead PC on

In the Estate of Wright, the court of appeals affirmed a trial court’s finding of an oral gift of real estate. No. 14-14-00401-CV, 2015 Tex. App. LEXIS 12644 (Tex. App.—Houston [14th Dist.] December 15, 2015, no pet....more

Distressed Download - October 2015

Recent EU Insolvency Regulation - The EC Regulations on Insolvency Proceedings (the "EIR") came into force throughout the European Union (the "EU") (except Denmark) on May 31, 2002 with the purpose of setting out the...more

Louisiana Supreme Court Reaffirms At-Will Employment Doctrine

In Read v. Willwoods Community, 2014-C-1475 (La. 2015), the Supreme Court of Louisiana overturned a jury verdict awarding damages to a plaintiff who claimed that his employer breached a verbal contract to employ him for a...more

ABA California Lending Law- Section X

by Buchalter on

A. Loan Commitments - Under California law, a loan commitment, which is commonly set forth in a commitment letter, is binding on a lender only if the commitment letter contains all of the material terms of the loan and...more

Inventorship, Ownership Issues Cause Dismissal of Suit

by Foley & Lardner LLP on

On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership...more

Distressed Downloads - June 2015

A Battle in the Making in the Oil and Gas Sector: Second Lien vs. High Yield Debt - In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds. These...more

Appellate Court Warning: Pension Funds May Get Stuck with Unintended Oral Contracts with Their Investment Managers

by Reed Smith on

On May 8, 2015, the Second District Court of Appeal in Los Angeles revived a $35 million lawsuit against CalPERS in Centinela Capital Partners LLC v. California Public Employees’ Retirement System. In an unpublished opinion,...more

Avoid the Oral Agreement

by Gray Reed & McGraw on

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

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