Contract Terms, Enforceability, Appeals

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

Bennett Jones LLP on 4/8/2025

Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

Beating the Odds: First Circuit Doubles Down on Massachusetts Decision Enforcing Noncompete Against Sports Betting Executive Newly...

WilmerHale on 10/9/2024

Against a growing trend of legislation and broader efforts seeking to limit or eliminate post-employment noncompetition restrictions, recent Massachusetts and First Circuit decisions in a dispute between DraftKings and one of...more

Third Circuit Rules That Arbitration Agreements in CBAs Without Durational Clauses do not Survive the Expiration of the CBAs

FordHarrison on 4/15/2022

Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co....more

Second Circuit Holds That Covid-19 Excused Defendant From Performance Pursuant to Force Majeure Clause

White and Williams LLP on 3/31/2022

“Being good in business is the most fascinating kind of art. Making money is art and working is art and good business is the best art.” -- Andy Warhol Over the past two years, there has been a fair amount of litigation...more

What Are The Limits Of A Court’s Ability To Enforce A Non-Compete Agreement?

Stokes Wagner on 10/28/2021

The parties in the case of Daneshgari v. Patriot Towing Services, LLC, No. A21A0887 (Ga.App. Oct. 21, 2021), had entered into a four-year non-compete agreement in June of 2016 that Daneshgari and his partner began to violate...more

HK Court of Appeal confirmed modern test on penalties in the employment context

BCLP on 8/17/2021

In the recent important decision of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873, the Hong Kong Court of Appeal adopted the modern test for penalty clauses as laid down in the UK Supreme Court decision in...more

Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company

Genova Burns LLC on 5/26/2021

On April 30, 2021, in Hampton v. ADT, LLC, et al., the New Jersey Appellate Division vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee...more

Indiana Court of Appeals Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/7/2016

The Indiana Court of Appeals recently issued a restrictive covenant ruling addressing several significant issues. On November 30, 2016, in Hannum Wagle & Cline Engineering, Inc. v. American Consulting, Inc., the Indiana Court...more

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