News & Analysis as of

Contract Drafting Void and Unenforceable

Parker Poe Adams & Bernstein LLP

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

K&L Gates LLP

New Jersey Supreme Court Calls for More Specific Language in Arbitration Agreements

K&L Gates LLP on

Although New Jersey public policy generally favors arbitration as a method of resolving disputes, following the New Jersey Supreme Court’s unanimous holding in Atalese v. U.S. Legal Services Group L.P., companies doing...more

Snell & Wilmer

Frustration of Purpose: A Frustrating Doctrine

Snell & Wilmer on

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

Morgan Lewis

English Court Finds Shareholder Default Provisions Unenforceable as a Penalty

Morgan Lewis on

Decision serves as a reminder that careful consideration should be given to provisions dealing with the consequences of breaches of restrictive covenants and other terms of commercial agreements....more

Hinshaw & Culbertson LLP

Legitimate "Newco" Is Entitled To Partial Fee Award

In Brown Bark III LP v. Haver, 2013 DJDAR 12439 (2013), the California Court of Appeal for the Fourth Appellate District decided an interesting fee case arising in the commercial litigation context....more

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