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Contract Termination Business Litigation

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

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A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Lathrop GPM

New Jersey Federal Court Grants Summary Judgment Against Hotel Franchise Agreement Guarantor Enforcing Liquidated Damages...

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A federal court in New Jersey recently granted summary judgment against the guarantor of a hotel franchise agreement, requiring him to pay contractual post-termination damages. Ramada Worldwide Inc. v. Keys Hosp., LLC, 2024...more

Farrell Fritz, P.C.

Termination, Adequate Alternative Remedies Sends Dissolution Proceeding Packing

Farrell Fritz, P.C. on

There are plenty of advantages to practicing business divorce litigation in New York.  The diversity of businesses and clients, complexity of agreements and transactions, and excellence of judges and attorneys make New York,...more

Conn Kavanaugh

You’ve Got Mail: Can Notice Sent by Email Satisfy Requirements to Exercise Options Under a Commercial Lease?

Conn Kavanaugh on

Our world is increasingly ruled by electronic communications. Text messages, Slack channels, and e-mails are all tools of business today. But what happens when a contract requires written notice by a more formal method? Do...more

Schwabe, Williamson & Wyatt PC

A Trap for the Unwary: Sales Representative Agreements and Statutory Protections

Many companies utilize outside sales representatives to aid in finding customers for their products or services. Often these arrangements are governed by a contract. However, many businesses fail to appreciate that more than...more

Farrell Fritz, P.C.

Commercial Division Judge Reaffirms “Most Critical” Element for Injunctive Relief: Irreparable Harm

Farrell Fritz, P.C. on

Most litigators know that a preliminary injunction is a “drastic remedy” which is not “routinely granted.”  Reading these words on paper, however, does not adequately convey the high threshold that a party must meet when...more

Cadwalader, Wickersham & Taft LLP

The Delaware Court of Chancery Rejects Termination of Merger Agreement Based on Material Adverse Effect

In Channel Medsystems, Inc. v. Boston Scientific Corporation, the Delaware Court of Chancery rejected an attempt by Boston Scientific to terminate and thus avoid consummating a merger agreement with Channel on the grounds...more

Farrell Fritz, P.C.

If you don’t use it, you lose it – don’t risk losing your right to terminate a contract by failing to timely notify your...

Farrell Fritz, P.C. on

In a recent decision in Inferno Restaurant & Pizzeria, Inc. v SW Michaels Pizzeria, Inc., 2019 NY Slip Op 50995(U) (June 13, 2019), the Supreme Court, Albany County, found that where a defendant knew of a plaintiff’s material...more

Farrell Fritz, P.C.

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

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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

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

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