News & Analysis as of

Acceptance

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

Holtzman Vogel Baran Torchinsky & Josefiak

U.S. Supreme Court Issues New Code of Conduct Codifying Ethics Rules and Practices

On November 13, 2023, the U.S. Supreme Court published a Code of Conduct that codifies the ethics rules and principles governing the conduct of Justices and their staff. The Code consists of five Judicial Canons that draw...more

Quarles & Brady LLP

Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Houston Harbaugh, P.C.

Text Message Emoji Was Sufficient to Agree to Contract

Houston Harbaugh, P.C. on

Agreeing to a contract does not require everyone sitting around a table signing documents; sending a “thumbs up” text message emoji was sufficient to agree to a contract according to a recent Canadian court decision....more

Stikeman Elliott LLP

Thumbs-Up Emoji Conveys Acceptance of Commercial Contract, Saskatchewan Court Rules, as Plaintiff Gets the Last LOL

Stikeman Elliott LLP on

In South West Terminal Ltd. v. Achter Land & Cattle Ltd., 2023 SKKB 116, the King’s Bench for Saskatchewan (the “Court”) ruled that a “thumbs-up” emoji can convey acceptance of a contract. The ruling, which has garnered...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

Butler Weihmuller Katz Craig LLP

Deal or No Deal: The Florida Supreme Court clarifies what it takes for an offer of judgment to be deemed accepted

Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in Suarez Trucking FL Corp. v. Souders, 311 So. 3d 263, 272 (Fla. 2d DCA 2020) and the...more

UB Greensfelder LLP

Barclays AWC Teaches Important Lessons About The Price To Pay For Not Heeding Exam Findings

UB Greensfelder LLP on

There is no question in my mind that the quality of FINRA examiners is a bit uneven. Some are smart and insightful and helpful; others are, well, not. Most of the time, they do know what they’re talking about. That means...more

McGlinchey Stafford

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

McGlinchey Stafford on

Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be either of...more

Faegre Drinker Biddle & Reath LLP

FINRA’s Focus on Variable Annuity Switches Continues

On January 8, 2021, without admitting or denying the findings, VALIC Financial Advisors, Inc., (VALIC) entered into a settlement with FINRA Enforcement, through an Acceptance, Waiver and Consent (AWC) where the factual...more

UB Greensfelder LLP

The (Possible) Benefit Of Self-Reporting And Internal Discipline

UB Greensfelder LLP on

Historically, one of the surest ways to get yourself permanently barred from the industry is to forge a customer’s signature on something. According to the pertinent Sanction Guideline, at a minimum, a forgery, that is, a...more

Spilman Thomas & Battle, PLLC

Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets

With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more

Bradley Arant Boult Cummings LLP

Absent Timely Revocation, Government Acceptance Is Conclusive

In a recent decision, the Armed Services Board of Contract Appeals issued a summary judgment ruling in a case involving government claims relating to the contractor’s supply of thermal sight systems for armored vehicles. The...more

Haynsworth Sinkler Boyd, P.A.

Email Best Practices For The Remote Negotiator

Working from home has become the new normal for many professionals, and with it has come an increased reliance on email to conduct business until it is safe to hold face-to-face meetings again. This uptick in email...more

Stokes Wagner

“Click to Accept” Arbitration: A Cautionary Tale

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A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v....more

Carlton Fields

Back To Basics: The Georgia Court of Appeals Distinguishes Acceptance From Counteroffer

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The Georgia Court of Appeals recently reiterated the fundamentals of contract law within the context of insurance settlement negotiations in Yim v. Carr. ...more

International Lawyers Network

Buying and Selling Real Estate in Scotland

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction This guide applies to real estate in Scotland only. 2. Tenure Real estate, both commercial and residential in Scotland may be either of the...more

Genova Burns LLC

Agree v. Acknowledge: Two Recent New Jersey Arbitration Rulings Highlight the Importance of Ensuring An Employee’s Agreement to...

Genova Burns LLC on

Two recent decisions in January 2019 by the New Jersey Appellate Division, Brownlee v. Town Sports International Holdings, Inc. and Skuse v. Pfizer, Inc., illustrate the different consequences for an employer in obtaining its...more

Steptoe & Johnson PLLC

The “As-Is, Where-Is” Disclaimer – How Strong Is It?

Steptoe & Johnson PLLC on

A bank is planning to sell equipment collateral – either repossessed equipment taken after a borrower’s default or leased equipment that has been returned by a lessee at the end of the lease term. [In this article, the term...more

Morrison & Foerster LLP - Social Media

Court Upholds Enforceability of “Clickwrap” Employee Agreement

As we have previously discussed, if you want your electronic contracts to be enforceable, it is a best practice to require the counterparty to affirmatively accept the contract by checking a box or clicking a button. A recent...more

Winstead PC

Court Affirms A Rule 202 Pre-Suit Deposition Order In A Will Contest And Discusses The Acceptance-Of-The-Benefits Doctrine

Winstead PC on

In In re Meeker, individuals sought a mandamus to reverse a trial court’s order granting a Rule 202 pre-suit deposition order. No. 02-16-00103-CV, 2016 Tex. App. LEXIS 6883 (Tex. App.—Fort Worth June 29, 2016, original...more

Morrison & Foerster LLP - Social Media

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

As we have noted before, if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and...more

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