News & Analysis as of

Contract Terms

Luxembourg Real Estate – Legal Developments on Commercial Leases - January 2018

by Dentons on

This brief report provides a summary of the most important amendments of the legal provisions applicable to commercial leases, introduced in Luxembourg through the law dated 17 January 17, 2018 on commercial lease and...more

Fifth Circuit Affirms Court’s Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To...

by Carlton Fields on

A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more

To Be or Not To Be: Can Attorneys’ Fees Be Recovered on a Void Contract

Trying to collect attorney’s fees based on a void contract? Surprisingly, you can, according to a recent California Court of Appeal case. In California-American Water Co. v. Marina Coast Water Dist., the California Court of...more

COI Litigation Review – Early Dismissals Remain Elusive in Rate Increase Actions

by Carlton Fields on

Suits challenging insurers’ cost of insurance (COI) rate increases continue to generate much activity. In recent months, this activity has included transfers, consolidations, several actions that are inching closer to...more

Debt Collection Letter's Inclusion Of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza....more

Continuous Operations Clauses: Can Landlords Force Tenants to Remain in Business?

by Miles & Stockbridge P.C. on

Amid the uncertainty plaguing brick and mortar retail establishments, some commercial landlords may find themselves with an extra tool in their arsenals to temporarily stave off tenant vacancies: continuous operations...more

Late Limit on Bonus Plan Has No Effect

by Sherman & Howard L.L.C. on

The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will...more

New York Court Of Appeals Holds There Is No Presumption Of Expense-Inclusive Caps In Liability Limit Clauses In Facultative...

by Carlton Fields on

The New York Court of Appeals recently answered in the negative a question certified to it by the U.S. Court of Appeals for the Second Circuit regarding prior precedent and whether per occurrence liability limits in...more

Are Arbitration Agreements With Attorneys Unenforceable? Maine Says Yes (Mostly).

While I was busy writing deep thoughts about arbitration at the end of 2017 , courts around the country rudely kept churning out new arbitration opinions. Hmph. So, I have some catching up to do. I start with one that has...more

Brexit 2018: The Final Preparations

by Dechert LLP on

2018 is the year that the UK and EU will look to finalise their Brexit deal; to settle the trading arrangements for what could be a lengthy ‘transition period’; and start discussions on the shape of their future long-term...more

New York High Court Confirms No "Blanket Rule" on Reinsurance Limits

by Jones Day on

The Situation: This past month, the New York Court of Appeals considered whether New York law imposes a "rule of construction" or "strong presumption" that a reinsurance contract's limit of liability provision caps the...more

Injunction Carve-Outs in Arbitration: Emergency Only, or All Equity Claims?

by Pepper Hamilton LLP on

Arbitration may end sooner and more efficiently than litigation, but it is slower to begin. A courthouse is just sitting there waiting for a complaint to be filed. Originally published in Alternatives to the High Cost of...more

Our Governing Documents Have Aged Nicely

by Husch Blackwell LLP on

Governing Documents for Condominium and Homeowner Associations don’t age well. They are not like a fine wine. They are more like cheap cheese. Remember, they were likely written by a developer who really only cared about...more

The Eighth Circuit Raises the Bar for Would-Be Indemnitees

by Bilzin Sumberg on

Here is a situation that comes up quite a bit in the world of business contracts containing indemnification provisions, and in the insurance industry as well. First, a party (“Party A”) gets sued, or threatened with a suit,...more

Extremely Clear Pay-If-Paid Clause is Enforced

by Murtha Cullina on

Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors....more

[Webinar] GovBizConnect Webinar Series: Teaming for Today Part ll - What’s Your Type? How to Know Whether Teaming, JVs, or a...

What’s Your Type? How to Know Whether Teaming, JVs, or a Mentor Protégé Relationship is Right for YOU - There are a number of different ways to form small business partnerships. Many contractors confuse teaming, joint...more

Does Choice Of Law Include The Parol Evidence Rule?

by Allen Matkins on

On the antepenultimate day before Christmas, the California Court of Appeal issued an opinion that should be of interest and concern to lawyers documenting merger and acquisition agreements. Kanno v. Marwit Capital, No....more

RESTARTING THE CLOCK: Court Determines that Prohibition on Competition Under Injunction Commences From Date of Order as Opposed...

by Cohen & Grigsby, P.C on

Resolving a nettlesome issue in restrictive covenant litigation, the Pennsylvania Superior Court recently held that the amount of time a former employee is prohibited from competing with his former employer under an...more

Delaware Contractarian Principles Prevail in Appeal Over Deceased Ace Hotel Founder’s LLC Interest

by Farrell Fritz, P.C. on

The sudden death of Alexander Calderwood, the brilliant but troubled co-founder of the Ace brand of hotels, resulted in some fierce litigation between Calderwood’s estate and Calderwood’s LLC co-member over the nature of his...more

Attorney Fee Recovery by Contract and in Partition Actions

In California, parties to litigation normally pay their own attorney fees unless a contract or statute says otherwise. Parties often include attorney fee provisions in their contracts, but the specific wording of these...more

Give Me One “Good Reason”: Employee Resignations and Severance

by Zuckerman Spaeder LLP on

Tracy Chapman famously sang about needing “one reason to stay here.” But when severance is involved, employees may look for one reason to leave—one “Good Reason.”...more

West Viriginia Supreme Court Applies Doctrine Of Severability To Enforce Lease’s Arbitration Provision, Despite Other Provisions...

by Pepper Hamilton LLP on

SWN Prod. Co., LLC v. Long, 2017 W. Va. LEXIS 892 (W. Va. Oct. 18, 2017) - Respondents Richard and Mary Long (“Respondents” or “Lessors”) brought a state court action against Petitioner SWN Production Company, LLC...more

Attorney Fees Provision May Be Enforced Even If the Contract Is Deemed Void

by Archer Norris PLC on

In a recent opinion, the California Court of Appeal held that a party could be liable for the prevailing party’s attorney fees and costs even though the underlying contracts were deemed void and unenforceable....more

Franchisees Lose Bid To Vacate Arbitration Award Enforcing Non-Compete Clause Despite Claim That Arbitrator Manifestly Disregarded...

by Carlton Fields on

A set of former franchisees are prohibited from violating the terms of a non-compete clause with franchisor Wild Bird Centers of America (“WBCA”) for two years after the Fourth Circuit recently upheld the denial of their...more

Opinions to Expect From the Texas Supreme Court

by Gray Reed & McGraw on

The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more

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