PilieroMazza Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases
What to Do if Your Suppliers Are in Distress - Options Beyond Contract Termination or Default
Termination for Convenience How to Prepare Your Settlement Proposal
Identifying and Quantifying Government Contract Claims
Is There Liability for Terminating Contracts Related to Russia?
Monthly Minute | Global Supply Chain Issues
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
COVID-19 Commercial Leasing Trends (Part One)
Monthly Minute | Due Diligence Considerations Related to COVID-19
AFSA Extra Credit Podcast: Auto Remote Sales Compliance
Will COVID-19 Qualify as a ‘Material Adverse Effect’?
A recent posttrial decision from Delaware regarding an alleged breach of a capitalization representation in a merger agreement is noteworthy. The decision establishes that a party is within its rights to back out of a deal...more
Whether or not a breach is “material” is context specific, in particular by reference to the consequences flowing from the breach. In RiverRock v Harnack the High Court found that the dissolution of a consultant was not a...more
On November 7, 2022, the United States District Court for the District of Virginia decided the case of Harrell v. Deluca, 1:20-cv-00087, which centered around a home builder and contractor who failed to successfully deliver...more
The coronavirus pandemic and global economic and political uncertainties mean that more businesses than ever are tied into unprofitable contracts or are required to purchase unwanted goods and services. Alternatively, they...more
Another reminder of the importance of getting termination right. Although the notice sent talked about anticipatory repudiatory breach, in fact the breach relied on was of an express provision which required actual, rather...more
DonRob Invs., L. P. v. 360 Residential, LLC, 870 S.E.2d 874 (Ga. Ct. App. 2022) - This case arose from a failed real estate transaction. DonRob Investments LP and Donald Robinson Investments, Inc. (collectively DonRob)...more
Even seasoned litigators accept litigation can be time-consuming, often expensive, and uncertain. While you may in some cases be able to avoid it entirely, what should you do (or, for that matter, not do) in the early stages...more
I went to an excellent talk by Michael Fealy QC to the London Solicitors Association about termination. The main thing I took away was his deceptively simple route map to approaching this thorny subject. ...more
When a termination provision states that a party can terminate an agreement where that breach is “capable of remedy” and the party in breach fails to remedy the breach within a specified timeframe, a recent High Court...more
A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more
The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more
Whether to terminate of a complex agreement for material and/or repudiatory breach is a common and yet difficult decision to make as a business (and to advise on as a lawyer). And, given the unpredictability of the outcome,...more
Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more
As any parent with more than one child can attest, most people, including not only children but also adults, believe that if another person commits the first offense, then a counter, or retaliatory offense is justified. Such...more
"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more
The current economic, environmental and political outlook globally is perhaps the most uncertain it has been in decades. Against this backdrop, contracts are likely to be analysed and tested in ways unlike before. With this...more
Agenda: - Common issues in transactional contracts that open up opportunities for litigation - How aggressive companies are taking deal money back...more
We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more
The recently announced dispute between BorgWarner Inc. and Delphi Technologies PLC relating to BorgWarner’s planned acquisition of Delphi may turn into one of the first cases of a contested mergers and acquisitions (M&A)...more
Organizations of all sizes are entering, performing and sometimes seeking to avoid contract obligations in connection with the COVID-19 pandemic. This webinar will provide an overview of the potential impact that COVID-19 has...more
Chinese Hosp. Ass’n v. Jacobs Eng’g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) - This case arises out of the alleged breach of contract and defective design for the construction of a new hospital in San...more
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
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
On September 11, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery ordered defendant, Comdata, Inc. (“Comdata”), to specifically perform under, and pay damages for its termination of, its merchant agreement...more