News & Analysis as of

Contract Termination

White & Case LLP

THE DELTA REPORT - Derivatives Newsletter - June 2018: EWHC 487 (Comm): Can calculation statements under the 2002 ISDA Master...

by White & Case LLP on

Lehman Brothers Special Financing Inc v National Power Corporation and another [2018] EWHC 487 (Comm) (12 March 2018): Can calculation statements under the 2002 ISDA Master Agreement be withdrawn and replaced once served?...more

Farrell Fritz, P.C.

First Department Rejects Kesha’s Proposed Counterclaims Seeking to Terminate Contracts With Dr. Luke

by Farrell Fritz, P.C. on

In a recent decision handed down just a couple of days ago, the Appellate Division, First Department affirmed Justice Kornreich’s denial of singer and songwriter Kesha Sebert’s (“Kesha”) motion for leave to file second...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ecuador’s Termination of Bilateral Investment Treaty With the United States Impacts E-2 Visa Holders

On May 18, 2018, the Department of State (DOS) announced the termination of a bilateral investment treaty (BIT) between the United States and Ecuador, a year after the government of Ecuador provided notice of the termination....more

Murtha Cullina

MA SJC Rules on “Termination for Convenience” Provisions

by Murtha Cullina on

In a recent decision, the Massachusetts Supreme Judicial Court ruled that governmental entities have great flexibility to terminate agreements with contractors where the agreement includes a “termination for convenience”...more

Knobbe Martens

Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Wallach, O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for...more

Proskauer Rose LLP

New York Court Holds Hotel Management Agreement Enforceable by Specific Performance

by Proskauer Rose LLP on

In a significant development for hotel owners and operators, a New York state court judge recently held that a hotel management agreement ("HMA") was enforceable by specific performance, enabling the operator of the...more

Lewitt Hackman

FRANCHISOR 101: Future Royalties and Beyond

by Lewitt Hackman on

A Florida federal court refused to dismiss a franchisor's claim for past due royalties and lost future profits. The case concerned an Interim Healthcare staffing franchise in Arizona. The franchisor issued a default notice...more

Foley & Lardner LLP

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

Melissa Dewey Brumback

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

Field Law

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

Patterson Belknap Webb & Tyler LLP

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

Dentons

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

Blake, Cassels & Graydon LLP

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

Dentons

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

Nutter McClennen & Fish LLP

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

K&L Gates LLP

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

Eversheds Sutherland (US) LLP

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

Bowditch & Dewey

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

Farrell Fritz, P.C.

“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

Snell & Wilmer

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

PilieroMazza PLLC

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

White & Case LLP

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

Cohen Seglias Pallas Greenhall & Furman PC

[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

McAfee & Taft

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

Clark Hill PLC

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

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Updated: May 25, 2018:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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