News & Analysis as of

Contract Termination

Mitigating the Risks Involved With Ending a Business Relationship

by Foley & Lardner LLP on

All good things must come to an end. So it is in life, and so it is in business. Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a...more

Contract Change #3- Termination for Convenience in A201 (law note)

by Melissa Dewey Brumback on

Today in the Top 10 Changes to the A201, we are discussing Termination for Convenience provisions. (Yesterday’s post discussing contract changes dealing with commencement & completion is here). The Termination for...more

A Reference to Deference – The Court Weighs in on a Consultant’s Findings

by Field Law on

The consultant plays an important role in any construction project. The consultant is obligated to fulfill its role in impartial manner, even though a contractor or owner may not always agree with the consultant’s...more

Pratt, Jon Vaughan Merrick and Barclays Capital Asia Limited: the fight for the unvested bonuses continues

by DLA Piper on

The Tadjudin ruling in 2015 highlighted the willingness of the courts to imply an 'anti-avoidance' term into contracts to protect against terminations aimed at depriving executives of bonuses or vesting of benefits. Employers...more

Corporation Denied Motion to Enjoin Arbitration against its Alleged Alter Ego

In Royal Wine Corp. v. Cognac Ferrand SAS, Justice Andrea Masley of the Commercial Division denied Plaintiff Royal Wine Corporation’s (“Royal”) motion for a preliminary injunction to enjoin arbitration that defendant Cognac...more

Break notices when is a tenant not a tenant

by Dentons on

In yet another illustration of the registration gap, the High Court has confirmed in Sackville v. Robertson [2018] EWHC 122 (Ch) that an assignee of a registered lease may be precluded from exercising a contractual break...more

Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG...more

Retail Industry News: Australia introduces insolvency reforms which limit contract rights to terminate for insolvency

by Dentons on

Under reforms commencing in July 2018, Australia will have new insolvency laws which will limit the exercise of contract rights to terminate for insolvency. Partners David McIntosh and Robyn Chatwood, explain how these...more

Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for...

In Bay Colony, Judge Salinger denied the defendants’ motion to dismiss a contract claim as time barred even though one defendant (AMB) had sent a letter to the plaintiffs more than six years earlier disputing the existence of...more

Navigating the Insolvency Reforms - Impending Changes to Contractual Termination Rights

by K&L Gates LLP on

Last year the government introduced the most significant reforms to Australia's insolvency regime for over three decades. Among other changes, reforms that will come into effect on 1 July this year (or earlier by...more

Southern District of Texas refuses to impose time limit on safe harbor termination rights

On February 16, 2018, the US District Court for the Southern District of Texas issued an opinion that may prove important for non-defaulting parties to trading contracts. In an appeal arising out of the Linn Energy...more

Beer Franchise Law: Can Brewers and Distributors Craft a Resolution?

by Bowditch & Dewey on

Three bills aimed at reforming Massachusetts’ controversial beer franchise law failed to make it out of committee this month, frustrating the efforts of brewers and beer distributors alike. Both sides will now go back to the...more

“Interpreting” The Code’s Plain Text

by Farrell Fritz, P.C. on

What Does It Mean? The Tax Cuts and Jobs Act[1] has now been in effect for fifty days. During this relatively brief period, many tax professionals have pored over the statutory language, as well as the Joint Explanatory...more

Force Majeure

by Reed Smith on

By definition, Force Majeure is usually unexpected and sudden. Are you ready? Do you know what to do and when? Was sufficient consideration given to Force Majeure when the relevant sale contracts were made? This alert looks...more

When—Exactly—Does an Adverse Employment Action Occur? The Utah Supreme Court Weighs In

by Snell & Wilmer on

Can one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances,...more

Weekly Update Newsletter - February 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Pentagon Warns CEOs: Protect Your Data or Lose Our Contracts - According to an article from Govexec.com, the Pentagon has issued a warning to defense-industry contractors, insinuating that they...more

Exercising the Right to Terminate – Why Your Default Notice Matters

by White & Case LLP on

The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice...more

[Webinar] Virginia Procurement Technical Assistance Program: Contract Performance 3-Part Webinar Series - Part II - Using the CDA...

Maria Panichelli and Robert Ruggieri are presenting a 3-part educational webinar series for the Virginia Procurement Technical Assistance Program on contract performance. Part II - Using the CDA Litigation Process to Resolve...more

Selecting EHR Vendors: An ounce of prevention is worth a pound of cure

by McAfee & Taft on

Management of electronic health records (EHR) is a complicated yet necessary task in the modern practice of medicine. To reduce the administrative burden of managing EHR records, many physicians and other healthcare...more

Non-Renewal of Administrator Contracts

by Clark Hill PLC on

The deadlines are approaching for non-renewal of administrative contracts. Administrator contracts are governed by Section 1229 of the School Code, MCL 380.1229, which contains two crucial deadlines for non-renewing an...more

Term contracts: What you need to know

by Dentons on

A recent decision of a Full Bench of the Fair Work Commission (FWC) has opened the door to employees on maximum term contracts bringing unfair dismissal claims by overturning the principle that the expiry of a term contract...more

German Court Voids Defect-Curing Clauses in Written Form Lease Agreements

by Jones Day on

The Situation: A decision by the German Federal Court of Justice has made null and void written form defect-curing clauses in lease agreements. The Result: It is likely that more tenants and landlords will attempt to...more

Does California’s Alcoholic Beverage Control Act Provide an Independent Right to Terminate a Beer Distributor Agreement?

by Mulcahy LLP on

The recent case of Mission Beverage Company v. Pabst Brewing Company, 15 Cal.App.5th 686 (2017), explores whether California law provides an independent right to terminate a beer wholesaler’s distributor agreement and whether...more

[Webinar] Virginia Procurement Technical Assistance Program: Contract Performance 3-Part Webinar Series - Part l - REAs and Claims...

Maria Panichelli and Robert Ruggieri are presenting a 3-part educational webinar series for the Virginia Procurement Technical Assistance Program on contract performance....more

FRANCHISEE 101: Offer Too Little Too Late

by Lewitt Hackman on

A Florida federal district court found that a doughnut franchisee's failure to pay royalties and other fees constituted a material breach of contract justifying termination, even though the franchisee expressed a willingness...more

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