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Contract Interpretation Waivers

Mayer Brown

Understanding How ‘Course of Performance’ Principles Impact Financings

Mayer Brown on

EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle...more

A&O Shearman

Disputes 101 - Boilerplate provisions and how not to get scalded

A&O Shearman on

In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more

ArentFox Schiff

They've Got You Covered: NLRB Makes it Easier for Employers to Make Unilateral Changes

ArentFox Schiff on

Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...more

Sheppard Mullin Richter & Hampton LLP

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more

Hudson Cook, LLP

Don't Assume What a Court Will Assume About Your Contract

Hudson Cook, LLP on

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

Burr & Forman

Burr Alert: This Old Waiver? I’ve Had it for Years

Burr & Forman on

The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC. In York, the Supreme Court affirmed the lower court’s application of last...more

Jackson Walker

Confidentiality Agreements: How To Draft Them And What They Restrict

Jackson Walker on

I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

Sheppard Mullin Richter & Hampton LLP

Additional Price of a Judicial Reaction: Waiver of One's Contractual Right to Arbitration

In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten denied plaintiff Ray Volpe’s (“Volpe”) motion to compel arbitration and granted defendant The Interpublic Group of Companies, Inc.’s...more

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