News & Analysis as of

Failure to Perform

Houston Harbaugh, P.C.

Recent Federal District Court Decision Suggests New Approach for Oil and Gas Lease Termination

Houston Harbaugh, P.C. on

The United States District Court for the Western District of Pennsylvania’s recent decision in Bootes v. PPP Future Development, Inc., C.A. No. 22-154 (W.D.Pa. March 21, 2023) denying a gas company’s request to dismiss oil...more

Mayer Brown

Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future

Mayer Brown on

The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia)...more

Lewitt Hackman

Franchisor 101: Call Option Claim Bends

Lewitt Hackman on

A Delaware court found a yoga studio franchisee was entitled to an order requiring the franchisor to buy all of the franchisee’s yoga studios in six states. The court held the franchisor breached its contractual obligation...more

Butler Snow LLP

Force Majeure Clauses in the Age of COVID-19 Litigation

Butler Snow LLP on

Force majeure, once a standard boilerplate clause included in most contracts without thought, has now become the site of an emerging litigious battleground. As we enter the third year of the COVID-19 pandemic, a reliable...more

White and Williams LLP

A Midsummer Night’s Reflection…

As an employment attorney for more than 30 years, I have seen a lot of change. Changes in the legal system, changes in the law and changes in the types of claims that employees can assert against their employers (or even...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Fox Rothschild LLP

NY City Council Ends At-Will Employment For Fast Food Workers

Fox Rothschild LLP on

On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Flares/New Source Performance Standards: Environmental Organizations Notice of Intent to Sue for Alleged Failure to Perform a...

The Environmental Integrity Project and nine other environmental organizations (collectively “EIP”) sent a June 11th letter to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue the...more

Roetzel & Andress

Practical Tips For Ohio Construction In Response To The Coronavirus Pandemic

Roetzel & Andress on

On March 22, 2020, Governor DeWine issued a Stay at Home Order that permits essential infrastructure projects to continue performance. Essential infrastructure includes construction projects and specifically, the Governor’s...more

White & Case LLP

E3 triggers Iran nuclear deal dispute settlement mechanism (while EU sanctions lifting continues for now)

White & Case LLP on

France, Germany and the United Kingdom, known as the “E3”, announced on 14 January 2020 that they had triggered the dispute resolution mechanism under the Joint Comprehensive Plan of Action (“JCPOA”) due to concerns about...more

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