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General Business Civil Procedure Civil Remedies

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

District Court Case Highlights Advantages of ERISA Severance Plans

by Hogan Lovells on

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

Three Stripes and You're Out: Coach Pitino's Outrage Against Adidas

by Stinson Leonard Street on

The FBI recently charged 10 people, including four college basketball assistant coaches at prominent Division I universities and a head executive at Adidas inter alios, with corruption and bribery crimes for...more

European Guide to Debt Collection

This guide provides an overview of recovering proceedings for claims across Europe. Notwithstanding the EU initiatives to facilitate the recovery of a monetary claim in another EU Member State, experience teaches that calling...more

Is Customer Information A Trade Secret? Not So Fast!

by Farrell Fritz, P.C. on

Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves...more

Michigan Court Of Appeals Holds That Contractor Who Failed To Timely Seek A Time Extension Is Barred From Contesting Liquidated...

by Pepper Hamilton LLP on

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) - Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of...more

Second Circuit Affirms Arbitration Award Finding No Disregard Of Merger Agreement Or Manifest Disregard Of Delaware Law

by Carlton Fields on

In a summary order, the Second Circuit affirmed a judgment confirming an arbitral award of damages for breach of a merger agreement between respondents Sirona Dental Systems, Inc. and Arges Imaging Inc. (“Sirona”) and...more

Arizona Reverses Award of Punitive Damages in Bad Faith Case Again

by Jaburg Wilk on

The Holding - In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more

Court Confirms Arbitrator’s Entry Of Interim Preliminary Injunction, Holding That The Award Was Sufficiently “Final”

by Carlton Fields on

This case concerns a 10-year agreement by which plaintiff, an endodontist, contracted to perform consulting services for defendant Dentsply, a business that manufactured and sold endodontic products for the dental industry....more

Bound by your bargain

by Dentons on

During April 2015, the Court of Appeals (Civil Division) delivered its judgment in MT Hojgaard A/S v. E.ON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407....more

Is it wrong to confuse an arbitrator's failure to give reasons with the conduct of proceedings?

by Dentons on

Construction disputes in South Africa are typically subject to dispute resolution by arbitration. This is usually regulated by the Arbitration Act (the Act). Under the common law and section 28 of the Act, an arbitration...more

Tax Credits/Solar Energy: Arizona Appellate Decision Describing Purchasers' Breach of Contract Action

An October 16th Arizona Court of Appeals decision describes a breach of contract action in a lower court involving the purchase of a residential solar energy system. See Lakosky v. The Solar Store, LLC, 2017 WL 4614724....more

Consider Whether the Promise of a Bird in the Hand is Better Than Two in the Bush

When drafting settlement agreements, most lawyers give due attention to the scope of any release clause. And for good reason: for defendants, the extent to which the release protects against future litigation is critical, and...more

Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

by Carlton Fields on

In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity,...more

Eleventh Circuit Affirms Summary Judgment or Insurer in STOLI Case

by Carlton Fields on

In Sun Life Assur. Co. of Canada v. U.S. Bank Nat. Ass’n, the Eleventh Circuit recently clarified that where a life insurance policy lacks an insurable interest at its inception and is thus void ab initio, prejudgment...more

Q&A with Jake Krattiger

by GableGotwals on

Q: Does joining a corporate board impose any personal liability on board members? A: Joining a board doesn’t impose any personal liability on an individual per se, but improper actions taken while serving on a board can...more

The Macron Ordinances - Topic 1: New Rules on Dismissals

by White & Case LLP on

New rules to reform French employment law, as announced in our previous client alert of September 19th, 2017, have been published in the French official journal on September 23rd, 2017. Some measures are immediately...more

Claim Dismissed Against Brand For Deceptive Label, But Retailer May Still Pay - Eidelman v. Sun Prod. Corp., No. 16-cv-3914 (NSR)...

by Carlton Fields on

A negligent misrepresentation claim against laundry detergent brand The Sun Products Corp., for an allegedly deceptive label was dismissed by a New York federal district judge, while an unjust enrichment claim against...more

New Jersey Supreme Court Holds that Consumers Cannot Pursue Class Action Claims Against TGI Fridays for Inflated Drink Prices, But...

by Genova Burns LLC on

The New Jersey Supreme Court issued a decision on two consumer class actions under the New Jersey Consumer Fraud Act (“CFA”) and the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”). In two separate cases,...more

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

Reasonable Minds Differ - Circuit Split on Preliminary Injunctive Relief for Parties to Arbitration Agreements

by Polsinelli on

This article compares the U.S. Court of Appeals’ differing positions on whether injunctive relief is available to parties to contracts with arbitration provisions. It is the first in a series of comparative studies...more

Adjudication costs are not recoverable unless specifically agreed

by Dentons on

We are often asked by clients whether they can recover their costs of an adjudication (legal fees, expert fees etc.) if they are successful. Similarly, we often act for clients faced with claims made by other parties for such...more

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

by Best Best & Krieger LLP on

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

Enforcing Public Contracts against a Surety

This summer, the Washington Supreme Court ended a long dispute within the construction industry and issued an opinion finding that a performance bond is, in essence, an insurance contract. The court made clear that a public...more

Liquidated damages for sectional completion

by White & Case LLP on

In the recent English High Court case of Vinci Construction UK Ltd v. Beumer Group UK Ltd, the court considered whether liquidated damages were enforceable under a construction contract which provided for sectional...more

Landlord-Tenant – Collateral Estoppel Doctrine Bars Issues Adjudicated in Unlawful Detainer Action

by Low, Ball & Lynch on

Alfonso Ayala v. Randy Dawson - Court of Appeal, First District (August 4, 2017) - Property owner Randy Dawson and tenant Alfonso Ayala signed a written contract in December, 1999, entitled “Residential Lease with...more

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