News & Analysis as of

Personal Liability Contract Terms

Bricker Graydon LLP

The Rashada Lawsuit: A Wakeup Call for Compliance Offices and Coaches

Bricker Graydon LLP on

One of the first ever NIL lawsuits, Rashada v. Hathcock, et al (Case No. 3:24-cv-00219-MCR-HTC, N.D. Fla.), focuses on broken promises related to an NIL deal during the recruiting process. ...more

Freiberger Haber LLP

First Department Reminds Practitioners that “proofreading is an essential, indispensable tool in the drafting of contracts”

Freiberger Haber LLP on

It should go without saying that people make mistakes. After all, people are human, and humans make mistakes. When people draft a document, especially a lengthy or complex one, it is not uncommon for a mistake to be...more

Patton Sullivan Brodehl LLP

LLC Operating Agreements Can Reduce Fiduciary Duties

LLC managers owe fiduciary duties both to the LLC and to the LLC’s members, similar to the duties owed by a partner to other partners in a partnership.  (Corp Code §17704.09.)  These include the duty of loyalty, care, and...more

BCLP

U.S. COVID-19: New York City Enacts Legislation with Ramifications for Commercial Leases

BCLP on

Oh May 26, 2020, Mayor DeBlasio signed into law two of the three bills discussed in our previous alert aimed at providing relief to commercial tenants due to the pandemic crisis. Both laws will go into effect immediately....more

Stinson - Corporate & Securities Law Blog

Delaware Supreme Court Examines Director Liability for Acquisitions

In McElrath v. Kalanick et al, the Delaware Supreme Court examined the liability of directors of Uber for an acquisition.  The case arose out of Uber’s acquisition of Ottomotto LLC.  Otto was founded by Anthony Levandowski, a...more

Pierce Atwood LLP

The Intersection of Workers’ Compensation Immunity and Contractual Indemnity

Pierce Atwood LLP on

The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy. The benefits are paid based on a no-fault basis and the...more

Pillsbury - Policyholder Pulse blog

The Private Vs. Public D&O Insurance Forum: Important Considerations for Companies Looking to Avoid Growing Pains

Although it has become common for corporate directors and officers to face claims seeking to hold them personally liable for alleged damages resulting from actions taken in their official capacity, it wasn’t always this way....more

Gray Reed

Broad Settlement Discharges Mineral Liens

Gray Reed on

When you prepare, review and/or sign settlement agreements you sometimes pay less attention than you should to the details of those “standard” releases! Acme Energy Services, d/b/a Big Dog Drilling v. Staley et al. says,...more

Burr & Forman

Tennessee Supreme Court Announces New Approach to Exculpatory Contracts

Burr & Forman on

Last week, the Tennessee Supreme Court revised the factors for determining the enforceability of releases signed before participation in an activity or obtaining a service. These releases, often called exculpatory agreements,...more

Troutman Pepper

The Completed and Accepted Doctrine: When the Majority Rule Becomes the Minority

Troutman Pepper on

The “Completed and Accepted Rule,” or the “Completed and Accepted Doctrine,” is a judicially created doctrine that is said to have originated in the United States with the 1919 Connecticut case Howard v. Redden, in which a...more

Mintz - Bankruptcy & Restructuring Viewpoints

Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say

Exculpation provisions in operating agreements must be carefully crafted in order to protect members, managers, directors and officers for breaches of fiduciary duties...more

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