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Contract Termination Contract Terms Corporate Counsel

Pillsbury Winthrop Shaw Pittman LLP

Challenging Trump 2.0 En Masse Contract Terminations

The Trump administration’s en masse terminations for the government’s convenience-as-a-budget-cutting tactic may constitute contract breaches, thereby entitling contractors to lost profits....more

Cooley LLP

Diving Into Delaware’s Enforcement of Specific Performance in M&A Transactions

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Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual obligations. In M&A deals, a...more

Morrison & Foerster LLP

Drafters Beware: Key 2023 English High Court Cases That May Affect Your Commercial Contracts in 2024 and Beyond…

Morrison & Foerster LLP on

Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more

Lowenstein Sandler LLP

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

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In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the...more

Kramer Levin Naftalis & Frankel LLP

Delaware Court of Chancery Holds That ‘Effect of Termination’ Provision Bars Party Who Terminated Merger Agreement From Also...

In its recent decision in Yatra Online, Inc. v. Ebix, Inc., Case No. 2020-0444-JRS, 2021 WL 3855514 (Del. Ch. Aug. 30, 2021) (Slights, V.C.), the Delaware Court of Chancery dismissed plaintiff’s breach of contract and other...more

Perkins Coie

Beyond MAE: COVID-19-Related M&A Lawsuits in the Delaware Court of Chancery

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Several COVID-19-related mergers and acquisitions (M&A) complaints have been filed with the Delaware Court of Chancery since the start of this month, with spurned sellers alleging that buyers experienced a change of heart due...more

BCLP

Five Steps for Drafting an Effective “Extenuating Circumstances” Cancellation Policy for Your Consumer Contracts in the United...

BCLP on

As local and national regulations seek to “lower the curve” of infections of the COVID-19 illness, they have forestalled a host of consumer transactions, most notably those regarding travel, hospitality, and community...more

Orrick, Herrington & Sutcliffe LLP

E-Commerce Businesses Beware: The Freedom to Contract does not Trump Reasonable Privacy Expectations

The EDPB’s new Guidelines on Article 6(1)(b) may severely limit e-commerce business’ ability to enhance data processing by unilaterally defining contractual services....more

Miller Canfield

Sixth Circuit: Calls to Prior Customers Violates TCPA

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Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class...more

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