Identifying and Quantifying Government Contract Claims
Government Contract Changes and Modifications - Webinar
Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Will COVID-19 Qualify as a ‘Material Adverse Effect’?
Making Effective Use of the Claims/Disputes Process
FCPA Compliance and Ethics Report-Episode 45, Interview with Justice Ken Wise
The importance of clear drafting cannot be overstated. Ambiguity of language can lead to disputes, costly litigation and unintended outcomes. The recent Court of Appeal judgment in Cantor Fitzgerald & Co v Yes Bank Ltd [2024]...more
The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more
This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more
The High Court has granted summary judgment on the basis that a claim for breach of various general contractual obligations were subject to an effective exclusion clause. The clause was also not subject to the...more
The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to...more
On February 25, 2022, the Wyoming Supreme Court issued a decision prohibiting courts from revising, or “blue penciling,” noncompete agreements to be reasonable and enforceable under the law. The decision overrules the Wyoming...more
Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer and found a duty to defend Landry’s in a data breach lawsuit. Landry’s Inc. v. The Insurance Company of the...more
Based on the actual knowledge of the recipients and the commercial purposes of the notice provision, overturning the Judge, the Court of Appeal found adequate notice had been given of a tax indemnity claim....more
The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services,...more
The UK Supreme Court in the Test Case on Business Interruption Insurance brought by the FCA on behalf of policyholders has decided that the FCA’s appeal (on behalf of policyholders) should be substantially allowed, with...more
On 16 November all eyes will turn to the Supreme Court as a 4-day hearing commences to determine the appeals of the FCA, the Hiscox Action Group, and six of the original eight insurers who were party to the FCA’s Test Case. ...more
TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC. Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District of Delaware - Summary: The scope of a contract term may...more
In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset...more
The Bellefonte Cap - The Bellefonte Cap is a shorthand reference to the "reinsurance accepted" limit set forth in a facultative certificate generally capping the reinsurer's obligations with respect to loss and expense...more
On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more
As an update to our April 1, 2019 Reinsurance Alert, the Third Circuit Court of Appeals recently affirmed the U.S. District Court for the Middle District of Pennsylvania’s holding in Pennsylvania National Mutual Casualty...more
The US Court of Appeals for the Sixth Circuit vacated the district court’s dismissal of trademark and false advertising claims and grant of summary judgment on a copyright claim. Evoqua Water Technologies, LLC v. M.W....more
The US Court of Appeals for the Federal Circuit reversed a dismissal based on a license defense, explaining that it was improper to dismiss until the district court had interpreted the license agreement....more
FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto. Appeal from the District of Delaware. Summary: Contract interpretation must be applied in determining whether a sublicense survives...more
In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more
In a case that could have a significant impact on the interpretation and drafting of patent licensing agreements, a patent licensee filed an appeal for an en banc proceeding at the Federal Circuit to challenge the court’s...more
It's often difficult to predict how a court will interpret text, whether the text is part of a statute, a regulation, or a contract. Sure, courts have tools to aid their interpretations, but how a court will apply those tools...more
Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...more
Massachusetts Appeals Court Gets It Right – Mostly - Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir....more
Many California will and trust disputes arise from ambiguity in the document with respect to who is entitled to an asset. Maybe the document was hazy from the start or perhaps circumstances have changed such that the rightful...more