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Contract Terms

Sullivan & Worcester

New Coronavirus and force majeure clauses

by Sullivan & Worcester on

As the so-called COVID-19 virus continues to spread in China and this week also in Italy, Iran and Korea, with almost 80,000 confirmed cases and over 2,000 dead as of late February, the world’s second largest economy is...more

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

Treble Ahead? SJC Opinion Offers Damages Caution for Massachusetts Employers With Commissioned Employees

On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees. In Parker v. EnerNOC, Inc. (SJC-12703), the SJC...more

Whitman Legal Solutions, LLC

Demystifying the Commercial Lease: Base Rent

Like musician compensation, rent in commercial leases can be comprised of many different payments to a landlord. A lease may include base rent, gross rent, additional rent, common area maintenance charges (CAM), ground rent,...more

Carlton Fields

Damages for Reps and Warranties Breaches

by Carlton Fields on

When one party to an M&A agreement alleges that the other breached its representations and warranties, the damages analysis can be complex, depending on the terms of the agreement. Generally, a claim for indemnification due...more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

by Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

Carlton Fields

Fifth Circuit Affirms Arbitration Award and Finds Panel Was Fairly Constituted and Did Not Award Punitive Damages

by Carlton Fields on

In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more

Alston & Bird

Does Your Force Majeure Provision Extend to the Coronavirus?

by Alston & Bird on

The coronavirus is closing factories and forcing quarantines throughout China – delaying and even stopping manufacturing and shipping. Our Litigation Group diagnoses the problem and discusses how the ramifications could...more

Dentons

Covid-19, Force Majeure and Construction (Part II) – Outbreak of Disputes? Or Abatement in due course?

by Dentons on

The Covid-19 outbreak situation is rapidly developing and evolving. There have been further relevant developments since our previous article on Covid-19, China and Construction. First, Covid-19 has had direct impact not...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

by Foley & Lardner LLP on

On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more

Varnum LLP

Coronavirus and Global Supply: Contractual Protections Can Be a Remedy to the Symptoms from Unhealthy Supply Chains

by Varnum LLP on

The outbreak of coronavirus in China has made front page news across the globe in the past month and, while this epidemic has brought about health concerns for individuals around the world, industry concerns have arisen for...more

Pillsbury Winthrop Shaw Pittman LLP

Coronavirus and Force Majeure in English Law - What does the Coronavirus mean for supply contracts, and is it possible for parties...

- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely that a low demand for LNG in...more

Carlton Fields

Valuing Income Statement Breaches in Transactional Insurance Claims

by Carlton Fields on

Once it has been determined that a breach of a financial statement representation in an acquisition agreement has occurred—specifically with respect to an identified income statement—the question arises as to the quantum of...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for Hong Kong Financial Institutions

by Morgan Lewis on

With the situation surrounding the 2019 Novel Coronavirus rapidly changing, key practical considerations for financial institutions regulated by the Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority...more

Barnea Jaffa Lande & Co.

What Is a Non-Disclosure Agreement and Is It Really Necessary?

by Barnea Jaffa Lande & Co. on

NDAs are designed to protect an idea, product, or piece of confidential information you possess and to discourage the receiving party from using it. NDAs have become almost the first legal step in any business deal, and often...more

Stoel Rives -  Ahead of Schedule

Design-Build Lite – Construction Contracts with D-B Components

For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants. We tend to view the project as...more

White & Case LLP

LNG in transition: Navigating an evolving market - Are the changes reshaping the market structural or short-term?

by White & Case LLP on

Significant energy market developments are raising questions for LNG sector players in Japan and worldwide. Following massive growth in the number of LNG production and export facilities, end-users and shipping capacity, the...more

Parker Poe Adams & Bernstein LLP

Silence on Employment Contract After Expiration Did Not Imply Renewal

Many written employment agreements contain automatic renewal provisions that apply at the end of the contract’s term if either party does not provide notice of intent not to renew. When an employment agreement is silent on...more

Traub Lieberman Straus & Shrewsberry LLP

Wisconsin Supreme Court Clarifies Insurer Obligations When Disputing A Duty To Defend

Wisconsin is a direct-action state, meaning insurers can be (and often are) parties to tort and contract disputes between third-party claimants and their insureds. When coverage is disputed, Wisconsin courts require insurers...more

McAfee & Taft

Liquidated Damages in Purchase and Sale Agreements: Oklahoma

by McAfee & Taft on

A buyer and seller of real estate will often include a liquidated damages provision in the purchase and sale agreement as a means for stipulating the amount of damages the seller will receive in the event of a breach of the...more

White & Case LLP

Ahead of the pack: US M&A 2019: Key dealmaking decisions from Delaware and New York

by White & Case LLP on

We focus on two H2 2019 rulings that could affect M&A transactions in the future. Genuine Parts: Acceptance of termination fee does not prevent further remedies - In September 2019, the Delaware Chancery Court refused to...more

Bradley Arant Boult Cummings LLP

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Hogan Lovells

Impact of the Coronavirus outbreak on International Trade Involving China

by Hogan Lovells on

With the novel coronavirus (2019-nCoV, the "Coronavirus") spreads globally at alarming speed some countries have responded to the crisis by taking measures such as restricting or denying importation from China and requiring...more

Bryan Cave Leighton Paisner

“Right-Sizing” Hong Kong Commercial Leases: Key Issues to Consider in the Context of Business Disruption & COVID-19

by Bryan Cave Leighton Paisner on

Business disruption seems to have become the new norm in Hong Kong in the last 12 months or so. The first quarter of 2019 was dominated by news of a regional slowdown caused by the US/China Trade War. The second half of the...more

Epstein Becker & Green

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

by Epstein Becker & Green on

It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

by Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

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

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Privacy Officer
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Sausalito, California 94965

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Updates to This Policy

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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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