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Rescission Damages

Venable LLP

Addressing the Redress: District Court Limits the Scope of FTC Consumer Redress for Rule Violations

Venable LLP on

In the wake of AMG Capital Management v. FTC and Liu v. SEC, uncertainty has loomed as to how courts should measure the consumer redress available to the FTC under Section 19 of the FTC Act. Earlier this month, a court in the...more

Winstead PC

Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls - Presentation

Winstead PC on

David F. Johnson co-presented with Zachary S. Davis from Stoel Rives LLP, in Portland, Oregon, on “Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls” on January 31, 2023,...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: COVID-19 Continues to Impact Leases While Cases Implicating Force Majeure Await Decisions

Real estate litigation and landlord-tenant disputes continue to dominate the COVID-19 force majeure litigation landscape. Meanwhile, several COVID-related cases are teed up for judicial decisions implicating force majeure...more

Lewitt Hackman

Franchisee 101: The (Ice Cream) Cart Before the Rescission

Lewitt Hackman on

A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more

U.S. Equal Employment Opportunity Commission...

Regency Park Assisted Living & Memory Care Sued by EEOC for Pregnancy Discrimination

Retirement Community Failed to Hire Pregnant Woman, Federal Agency Charges - TAMPA - Excel Hospitality Group LLC d/b/a Regency Park Assisted Living & Memorial Care, an assisted living facility in Eustis, Florida, violated...more

Patton Sullivan Brodehl LLP

A Lease and a Lease Guaranty Involve Different Rights and Remedies

Sister blog The LLC Jungle recently posted about an opinion from California’s Sixth District Court of Appeal — Orozco v. WPV San Jose, LLC — describing the legal difference between an LLC tenant, and the LLC’s owner who...more

Patton Sullivan Brodehl LLP

An LLC And Its Owner Are Not the Same Legal “Person”

A limited liability company (LLC) is a popular form of business entity. One of the main reasons for forming any business entity is to limit liability. In general, without a showing of “alter ego” liability, a business owner...more

Proskauer - Minding Your Business

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

Lewitt Hackman

FRANCHISEE 101: How Far Do Earnings Projections Go?

Lewitt Hackman on

A franchisor is allowed to make "financial performance representations" in its disclosure documents. These figures may project how much money a franchisee is likely to make and can play a critical part in the franchisor's...more

Cooley LLP

Blog: What States Should Know About The Contractual Consequences Of Bribery

Cooley LLP on

Bribery. States often have to decide to exit or continue with contracts procured by bribes paid to public officials. Bribery gives rise to various types of claim. We have previously covered claims to recover the value of...more

Allen Matkins

Investors Claim Failure To Qualify Justifies Issuer’s Return Of Investment

Allen Matkins on

The remedy for failure to qualify the sale of a security is either rescission or damages. Cal. Corp. Code § 25503. Thus, one typically expects to see investors alleging a failure to qualify as grounds for returning their...more

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