News & Analysis as of

Waivers Defense Strategies

Cozen O'Connor

Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California

Cozen O'Connor on

Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual...more

Goulston & Storrs PC

Waiver of Jury Trials

Goulston & Storrs PC on

Market Trends: What You Need to Know - As reflected in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies, over the past twelve or so years, inclusion of jury trial waivers in mergers...more

Knobbe Martens

Federal Circuit Review - March 2019

Knobbe Martens on

Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more

Stinson LLP

The Enforceability of Waiver of Defense Provisions in Guaranty Agreements

Stinson LLP on

It has been said that a guarantor is a fool with a pen. Even the Bible warns, "whoever puts up security for a stranger will surely suffer, but whoever refuses to shake hands in pledge is safe." Proverbs 11:15, NIV. That...more

Proskauer - Minding Your Business

California Defendants Beware: Failing to Compel Arbitration Against Named Plaintiff Could Have Far-Reaching Consequences

California defendants in class actions should be wary of seeking a strategic advantage by litigating before seeking to compel arbitration. The Court of Appeal held recently in Sprunk v. Prisma LLC that a defendant in class...more

Clark Hill PLC

In 2016 the Texas Supreme Court Continues to Favor Arbitration

Clark Hill PLC on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

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