In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email...more
Everyone knows what a contract means. But what does a “non-binding contract” mean? Does it encompass, for example, a memorandum, meeting minutes, a document containing nonspecific points of consent in principle? A recent...more
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more
As I noted last month, there is a new court rule for parent coordinators effective September 1, 2023. At the time, they had not yet published the Guidelines. Yesterday, Directive 16-23 was published. Attached to the notice,...more
The California Court of Appeal, in a major win for managed care payors and claims administrators, affirmed a lower court decision granting summary judgment in favor of United Healthcare (United), finding that United did not...more
In this age of digital communication, it was only a matter of time before emojis found their way into legally binding documents. Emojis are now being used as a means of expression and communication in various spheres of life,...more
Ancient Egyptians developed hieroglyphics as a form of communication around 3100 BC. Fast forward 5,000 years, and they’re back. People today regularly communicate with the use of emojis or emoticons, pictorial...more
While many economists are predicting that the United States economy will experience a recession during 2023, resulting in a decline in M&A activity, there are many M&A experts who believe M&A activity will experience a...more
Following the onset of the COVID-19 pandemic, many jurisdictions put moratoria in place prohibiting foreclosure sales. However, most moratoria have expired and foreclosure sales, conducted at public auction, are ramping up as...more
The right to use solar energy has long been considered a property right in Missouri. See Section 442.012 RSMo. Even though the right to use solar energy is a property right, it may be subject to restrictive covenants, just...more
In Kirk Ramey v. Trustees of Boston University, et al., Judge Krupp, sitting in the Business Litigation Session, ruled that Ramey, a former BU research scientist, was entitled to a trial on his claim that defendants, BU and...more
Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement - In Plasmacam, Inc. v. Cncelectronics, LLC Appeal No. 21-1689, the Federal Circuit held that an agreement on...more
PLASMACAM, INC. v. CNCELECTRONICS, LLC - Before Dyk, Reyna, and Newman, Appeal from the United States District Court for the Eastern District of Texas. Summary: Agreement to the definition of a term within settlement...more
This past year, exculpatory waivers had their moment in the sun as businesses and educational institutions raced to put waivers in place to protect against claims stemming from the COVID-19 pandemic. A Minnesota Court of...more
M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020). A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the...more
Last week, on December 20, 2019, the U.S. Department of the Treasury and Internal Revenue Service (the “IRS”) published a proposed regulation (the “Proposed Regulation”) under Section 162(m) of the Internal Revenue Code of...more
The Equality and Human Rights Commission has issued guidance on the use of confidentiality provisions in discrimination cases. The guidance, if followed in its entirety, would mean employers significantly changing the way...more
In a world of texts, email and Siri, you should be careful about the impact of the words you write. Remember that case where a court found that a string of text messages can form a binding contract? ...more
As a general matter, a parent company will not be liable on a contract signed by its subsidiary simply because it is a wholly-owned subsidiary. Sometimes, however, it is possible to establish some other basis for binding a...more
As I discussed in a blog post several years ago, even an informal email can constitute acceptance of a contractual offer. Moreover, just a few months ago, Judge Timothy Hillman took this principle one step further by ruling,...more
The Internal Revenue Service (IRS) held a hearing on Nov. 28, 2018, regarding its proposed bonus depreciation regulations. Holland & Knight Partner John Hoover testified on behalf of the National Business Aviation Association...more
The U.K. Prudential Regulation Authority has published a consultation paper entitled "UK withdrawal from the EU: Changes to PRA Rulebook and onshored Binding Technical Standards." The consultation forms part of a package of...more
What is a Letter of Intent? An LOI is a short written document signed by the parties to a transaction. Typically, an LOI will describe the basic terms of a contract that the parties will negotiate and sign in the future. ...more
In Shinhan Bank v. Lehman Brothers Holdings Inc. (In re Lehman Brothers Holdings Inc.), 17-2700 (2d Cir. July 17, 2018), the Second Circuit upheld the bankruptcy court’s and district court’s ruling that an email by...more
United States Home Corp. v. Ballesteros Trust, 2018 Nev. LEXIS 28 (Nev. Apr. 12, 2018) - United States Home Corporation (“U.S.H.”) built homes in a Nevada common-interest community, subject to a Covenant, Conditions, and...more