Bar Exam Toolbox Podcast Episode 257: Listen and Learn -- Consideration (Contract Law)
Viaje al Pasado Legal: Una Reclamación en Piedra
The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts
Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons
Bar Exam Toolbox Podcast Episode 226: Listen and Learn -- More Contract Defenses
Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act
Law Brief®: Rich Schoenstein and Robert Heim Discuss Musk v. Twitter
4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age
Identifying and Quantifying Government Contract Claims
Bar Exam Toolbox Podcast Episode 181: Listen and Learn -- Parol Evidence (Contracts)
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Force Majeure Revisited
Bar Exam Toolbox Podcast Episode 164: Listen and Learn -- Contract Defenses
Basics of a Healthcare Contract: When Do You Actually Have One and What Happens if It's Breached?
Beyond Regulations: Hospice Business Contracts and Contract Disputes
Government Contract Changes and Modifications - Webinar
Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Government Contracting Phase One: Transitioning From Commercial to Government Work
Prompt Payments: How CASPA and Other State Laws Afford Contractors Protections
PART 4: JURISDICTIONAL BATTLEGROUND IN DISPUTES WITH SANCTIONED RUSSIAN PERSONS - In a wave of recent decisions, including in proceedings involving a number of Western banks, the Russian courts have disapplied the...more
A federal court in New York recently ruled that an interim arbitration order was final and granted a developer’s petition to confirm the order which required the franchisor to make payments to the developer while the...more
This CLE course will guide deal counsel in drafting and negotiating asset purchase agreements. The panel will discuss legal considerations when negotiating representations and warranties, indemnities, covenants, closing...more
For many reasons, including delays in the litigation system, choice of decision-maker and procedural flexibility, arbitration appears to be increasing in popularity as a means to resolve commercial disputes. But what happens...more
Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to...more
When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more
On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more
In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more
Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more
The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more
Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more
In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more
Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more
A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more
The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more
A business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay Vodka had sufficient contacts with the state...more
The Armed Services Board of Contract Appeals in ECC International Constructors, LLC (ASBCA No. 59643 November 9, 2021) issued a partial summary judgment order dismissing several of the contractor's claims for lack of a sum...more
While the “last shot” generally wins the contractual “battle of the forms”, the Court of Appeal confirmed that, exceptionally, careful drafting of a party’s standard terms could create an overarching “master agreement”...more
On 6 April 2021, an amendment was introduced to the Civil Procedure Rules 1998 (S.I. 1998/3132) (the “CPR”) at Part 6 concerning service out of the jurisdiction. The change is of interest where at least one or more...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more
Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more
Agency agreements with the ASBCA allow the Board to adjudicate contract disputes outside the purview of the Contract Disputes Act. The ASBCA can take jurisdiction over contract disputes pursuant to agency agreements with...more
A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more
Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case....more
By President Putin’s signature on 8 June 2020, Russia has enacted a jarring new Law by which, as written, in a significant range of circumstances Russian individuals and companies (and foreign companies) that have been...more