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Poyner Spruill LLP

Enemy of a Lender: Ambiguity in Loan Documents

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Loan document terms are ambiguous when they are reasonably capable of being interpreted in more than one manner. Contract law often provides that an ambiguous term in a loan document is interpreted against the drafting party....more

PilieroMazza PLLC

Lawmakers Sound Alarm Over VA’s AI-Driven Contract Terminations: What to Do If You’re Terminated

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The Department of Veterans Affairs (VA) is facing growing scrutiny from Congress after it abruptly canceled hundreds of contracts—many of which support critical services for veterans—based in part on recommendations from a...more

Akerman LLP

Florida Makes a Bold "CHOICE": New Law Strengthens Enforceability of Non-Compete Agreements

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The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act became law on July 3, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based...more

Mayer Brown

The PRA's Letter to Chief Risk Officers on Solvency-triggered Termination Rights

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The Prudential Regulation Authority ("PRA") has issued a letter, dated 4 July 2025, to Chief Risk Officers of life insurers active in the bulk purchase annuity ("BPA") market. The letter focusses on the use of so-called...more

Epstein Becker & Green

New OIG Advisory Opinion Approves Manufacturer’s Warranty for Injuries Caused by Medical Device

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On June 30, 2025, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services posted Advisory Opinion 25-05 (AO 25-05) to its website....more

Mayer Brown

Crafting Credit Facilities For Defined Contribution Plans

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INTRODUCTION - Over the past 50 years, the retirement landscape has steadily shifted from defined benefit (DB) pension plans to defined contribution (DC) plans. In fact, as of the fourth quarter of 2024, private sector DC...more

Herbert Smith Freehills Kramer

Delaware Supreme Court reverses acquirer’s aiding and abetting liability, setting high bar, following precedent set by its recent...

On June 17, 2025, the Delaware Supreme Court (Court), sitting en banc, reversed a Court of Chancery ruling that had held a bidder liable for aiding and abetting fiduciary breaches of the target’s management....more

Seyfarth Shaw LLP

Florida Becomes Most Employer-Friendly State for Non-Competes

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As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach....more

Potomac Law Group, PLLC

Federal Procurement Overhaul - Rewriting the Federal Procurement System

Within two weeks of inauguration, the Trump Administration began issuing an abundance of Executive Orders (“EO”), memoranda, and related documents addressing how the U.S Government purchases goods and services from industry....more

McGinnis Lochridge

An Overview of the Standard Measure of Damages Arising from Claims Associated with an Oil and Gas Lease

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This Article examines legal damages in the oil and gas industry. More specifically, this Article identifies the rules for measuring common legal damages in oil and gas cases. Further, this Article seeks to identify all...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit reverses “clickwrap” case in favor of credit agency

On July 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s denial of a motion to compel arbitration, ordering that a dispute between an individual and a credit reporting company...more

Morris James LLP

Chancery Upholds Expulsion of LLC Investor, Awards Fees and Expenses Caused by Breach

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PJT Holdings, LLC v. Costanzo, C.A. No. 2023-0665-JTL (Del. Ch. May 15, 2025) - In anticipation of launching a chain of restaurants, three restaurant operators joined an outside investor to form a four-member,...more

Orrick, Herrington & Sutcliffe LLP

Pennsylvania enacts new law regulating cryptoasset transactions

On June 27, the governor of Pennsylvania approved a new law, SB 202, amending the state’s money transmitter act, which provides for the regulation of money transmission for a fee either via checks or other methods, to also...more

Phelps Dunbar

Florida's CHOICE Act Transforms Noncompete and Garden Leave Agreements

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Florida’s Contracts Honoring Opportunity Investment Confidentiality and Economic Growth (CHOICE) Act took effect July 1. It brings the most sweeping changes to Florida’s restrictive covenant framework in years....more

Lathrop GPM

West Virginia Court of Appeals Enforces Release, Reverses Fraudulent Inducement Finding Against National Broker

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The West Virginia Intermediate Court of Appeals reversed a decision that a national broker franchisor, Ameriprise Financial, Inc., fraudulently induced a franchisee into buying the business of another Ameriprise franchisee,...more

Kennedys

Box overboard! World Shipping Council’s 2025 report shows increase in lost cargo with conflict around major shipping lanes

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The World Shipping Council (“WSC”) recently released its Containers Lost at Sea Report 2025 compiling global data on cargo lost at sea from the previous year and promoting loss prevention recommendations for the maritime...more

Kilpatrick

5 Key Takeaways 2025 SALT Summer Update

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Kilpatrick’s David Hughes and Jordan Goodman recently presented a “2025 SALT Summer Update” in association with AGN International - a worldwide association of separate and independent accounting and advisory businesses who...more

Holland & Knight LLP

Enhanced Noncompetition Bill Becomes Law in Florida

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The Biden Administration and several states have sought to limit non-compete agreements in recent years as restraints on trade. Florida has long been more accepting of them and has just moved further into this camp. The...more

Lathrop GPM

New Jersey Federal Court Enters Default Judgment for Hotel Franchisor, Requests More Substantiation Before Ruling on Damages

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A federal district court in New Jersey recently entered an unopposed default judgement for breach of contract against Mani Hotels, LLC and Mehulkumar Ahir arising from the early termination of a franchise agreement with Days...more

Winstead PC

Incorporating Flag Standards in Hotel Construction Agreements

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Constructing a hotel is a complex endeavor that requires meticulous planning and execution to meet the expectations of both the developer and the flag. One of the critical aspects of this process is ensuring that the...more

Wiley Rein LLP

Pre-Policy Email Does Not Constitute a Claim

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The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made...more

Fox Rothschild LLP

CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling

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The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more

Lathrop GPM

New York Federal Court Denies Motions for Reconsideration in Franchise Agreement Dispute

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A federal court in New York recently denied Community Care Companions, Inc. and Interim Healthcare, Inc.’s motions for reconsideration of the court’s summary judgment rulings in an ongoing franchise dispute. Cmty. Care...more

A&O Shearman

Rising geopolitical tensions ignite European defense M&A

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As Europe scrambles to build its military-industrial capabilities, sector dealmaking is on the rise. Here we explore how foreign investors are shaping their strategies to navigate sweeping reforms of regulatory frameworks...more

A&O Shearman

Creative deal structures help life sciences innovators ride out the macro storm

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Globally, market volatility has eroded confidence and subdued M&A activity. A “wait and see” approach is the prevailing sentiment for many market participants; it is difficult to convince boards to advance deals while...more

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