News & Analysis as of

Contract Termination Notice Requirements

Saiber LLC

The Saiber Construction Law Column: October 2022

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When it comes to contracts, New Jersey courts, like courts in other jurisdictions, enforce them according to their plain and ordinary meaning. So when a contract’s terms are clear, the court will enforce it as written....more

Miller Canfield

Sixth Circuit: Reasonable Notice Required to Terminate a Successive Contract

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​​​​​​​The Sixth Circuit recently held that even where a supplier has a right to terminate a contract without cause, the supplier still must give the buyer reasonable notice of termination. In Stackpole International...more

Gray Reed

Texas Supreme Court: Actual Notice Does Not Satisfy Written Notice Requirement

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In James Construction Group, LLC v. Westlake Chemical Corporation, the Texas Supreme Court clarified the standard necessary to satisfy notice provisions in a construction contract.  The Court’s opinion reached two key...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Dismissal of WARN Suit Against Non-Employer Project Owner

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more

Husch Blackwell LLP

Terminating Oral Farm Leases

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Farm leases are a common occurrence on land being developed for solar and wind energy projects, due to the size and rural nature of land sought for development. While title searches will discover written leases that are made...more

Morgan Lewis

What to Know When Terminating Contracts Governed by French Law or Involving French Parties

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Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party...more

Gould + Ratner LLP

Best Practices for Coping With Project Modifications, Suspension and Termination During the Age of COVID-19

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As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as...more

Hogan Lovells

Checklist of key legal issues for derivatives counterparties amid the COVID-19 pandemic

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The current COVID-19 pandemic has already impacted many derivatives transactions. This note sets out a checklist of key legal issues market participants may need to consider in relation to OTC derivatives contracts....more

Katten Muchin Rosenman LLP

Force Majeure Clauses and Financially Settled Transactions Under the ISDA Master Agreement

Key Points - - The 2002 ISDA Master Agreement has a force majeure clause, but the 1992 ISDA Master does not. - A force majeure defense is unavailable unless payment/delivery is actually prevented. - Under a Force...more

Akin Gump Strauss Hauer & Feld LLP

Maintaining Your Lease When There’s Nowhere to Send Your Oil

- Industry analysts are forecasting that the surplus of oil produced over oil needed may soon exceed available storage. Producers that were already reducing production due to low prices are now feeling pressure to completely...more

McCarter & English, LLP

Does Your Contract Protect You From The Coronavirus?

Coronavirus contamination has disrupted the work force, supply chains, and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many...more

Partridge Snow & Hahn LLP

Rights Arising From Coronavirus-Related Project Shutdown

The remedial measures enacted to combat the coronavirus could cause projects to be shutdown. It is vitally important to know your rights in the event of a project shutdown. This client advisory addresses suspension,...more

Conn Kavanaugh

ABA reminds us to play nice when lawyers leave

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Monday morning for a firm’s managing partner brings a request from one of his partners for a sit-down. This is followed by an announcement from the partner that she is leaving the firm to open the Boston office of a larger...more

Lewitt Hackman

Franchisee 101: Don’t Terminate the Hand That Delivers Your Pizza

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A Wisconsin pizza maker, Heggie’s Pizza (Heggie’s) argued that its relationship with a purported pizza distributor A & B Distribution (A&B), did not meet the Wisconsin Fair Dealership Law (WFDL) definition of a “dealership.”...more

Dechert LLP

Sweat the Small Stuff: Delaware Court of Chancery Faults Acquirer for Failing to Deliver Notice to Extend End Date

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The Delaware Court of Chancery has ruled that an acquirer and target company’s joint efforts to obtain antitrust approval for a merger did not substitute for, or satisfy, the merger agreement’s requirement to send written...more

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