News & Analysis as of

Rescission Contract Terms

Winstead PC

Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls - Presentation

Winstead PC on

David F. Johnson co-presented with Zachary S. Davis from Stoel Rives LLP, in Portland, Oregon, on “Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls” on January 31, 2023,...more

Fox Rothschild LLP

Unintended Consequences of Franchise Rescission Rights

Fox Rothschild LLP on

The right to rescind (or void) a contract is an extraordinary remedy. However, as franchise lawyers know, certain states provide franchisees a right to rescind a franchise agreement in certain situations, particularly where a...more

Winstead PC

Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A...

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The owners of a corporation may enter into shareholder agreements. In Richie, the Texas Supreme Court stated: “Shareholders of closely-held corporations may address and resolve such difficulties by entering into shareholder...more

Gray Reed

Texas Court Applies Amended Citizens Participation Act to a Lease Dispute

Gray Reed on

Howard, et al. v. Matterhorn Energy, LLC, et al. [6th Dist.] May 4, 2021 considered the Texas Citizens Participation Act as amended, effective on September 1, 2019....more

White & Case LLP

COVID-19: Disruption to Art Transactions

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It would be a truism to note that COVID-19 has had a profound impact on many sectors globally. The art industry, which relies considerably on the human interaction between art dealers, artists, and members of the public, is...more

Miller Canfield

Operating a Franchise Through COVID-19: Considerations for Franchisees

Miller Canfield on

At the beginning of 2020, you were operating a successful franchise – you had a steady stream of customers, happy employees, and royalty and ad fund payments were regularly submitted on time. It was smooth sailing until...more

Holland & Knight LLP

President Trump Rescinds Nondisplacement of Qualified Worker Executive Order

Holland & Knight LLP on

On Halloween, President Trump issued an Executive Order rescinding one of the most notable employment-related executive orders from the Obama Administration: Executive Order 13495, commonly known as the Nondisplacement of...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more

Foley & Lardner LLP

Employers Beware: It's Once Again Time to Review Your Arbitration Agreements

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We have been discussing arbitration agreements in the National Labor Relations Board (NLRB) context lately, particularly with respect to class action waivers. But employers may not be aware that earlier this summer, the NLRB...more

Allen Matkins

Does An Attorney's Fee Clause Survive Contract Rescission?

Allen Matkins on

When a party is allowed to rescind a contract, the contract is quite literally torn up. Thus, Section 1688 of the California Civil Code provides "A contract is extinguished by its rescission". If a contract is extinguished by...more

BCLP

In a Case of First Impression, the Ninth Circuit Begins to Unravel the Mystery of When a Claim to Enforce a Rescission Request...

BCLP on

An action by a Washington state borrower to enforce a request for rescission of a loan under the Truth in Lending Act (TILA) is analogous to an action to enforce a contract and must be brought within the Washington state...more

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