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JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

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While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more

JAMS

Tariffs, Contracts and the Negotiation Imperative: Why the Old Playbook Won’t Work

JAMS on

New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation...more

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

Holland & Knight LLP on

For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more

Ward and Smith, P.A.

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive...

Ward and Smith, P.A. on

It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compete...more

Holland & Knight LLP

Cross Border Prenuptial Agreements

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A prenuptial agreement is entered into by a couple before marriage to address the rights and obligations that accrue in the event of a termination of the marriage by divorce or death. In the United States, there is not a...more

Morgan Lewis

Cross-Border Transactions Caught at the Crossroads: Navigating the Global Covid-19 Crisis through Force Majeure Provisions

Morgan Lewis on

The coronavirus (COVID-19) pandemic has had sweeping effects around the world, and in this era of globalization, business transactions that span multiple jurisdictions and markets have fallen prey to new and unexpected risks...more

Farrell Fritz, P.C.

New York Governing Law in US-Style Commercial Agreements

Farrell Fritz, P.C. on

The laws governing a commercial agreement fundamentally determine the enforcement of that agreement’s provisions. Surprisingly, US-style commercial agreements place this important concept all the way in the back of the...more

Bennett Jones LLP

Introducing Incoterms 2020

Bennett Jones LLP on

On January 1, 2020, the most recent version of Incoterms® came into force. Among the changes are a new Incoterm, DPU (described below), new carriage security obligations for each Incoterm, cost clarifications, and changes to...more

Jones Day

EU Consumer Rights Enforcement—Penalties Ahead

Jones Day on

The Situation: The recent EU Commission proposal for a tightening of consumer protection regulations envisages, in one of its pillars, to step up government enforcement of EU consumer rules, including by introducing a...more

King & Spalding

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization

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Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today between governments that share an international (usually maritime) boundary. These...more

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