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Risk Mitigation Breach of Contract

Fox Rothschild LLP

IFA Takeaways: How Smart Franchisors Stay Out of Court

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The International Franchise Association’s Annual Convention is always filled with useful take home information for franchise practitioners. Last week, I attended the session “Proactive Strategies for Franchisors to Prevent...more

Fenwick & West LLP

The Rise (and Risks) of AI Agents in Crypto

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As artificial intelligence continues to transform multiple industries, AI agents have emerged as one of the most promising—and compelling—applications of AI in the crypto space. From automated trading bots, to token-powered...more

Ankura

The Significance of Background Checks and Due Diligence in Indian Corporate Dispute Cases

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In India's corporate landscape, disputes involving individuals can stem from various issues such as contractual breaches, fraud, or competitive conflicts. Conducting rigorous background checks and thorough due diligence on...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

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Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Quarles & Brady LLP

Supply Chain Survival Series: Mitigation (Article #13)

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In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has...more

Reveal

Employment Litigation: How to Prepare and Mitigate the Associated Risks

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From allegations of workplace discrimination, sexual orientation discrimination to violations of non-compete clauses or breaches of contract, lawsuits between organizations and their employees are an ever-present threat for...more

Woodruff Sawyer

M&A Minute: Do I Need Both an R&W Policy and a D&O Policy?

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As someone who seeks to minimize my clients’ risks associated with Mergers and Acquisitions (M&A) activity, I often field some of the same questions. One of the most common questions my clients have is, “Why do I need a...more

Foley & Lardner LLP

11 Key Strategies to Protect Your Company’s Supply Chain and Mitigate Risks Against Financially Distressed Customers and Suppliers

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As we pass the midpoint of 2022 and the world expresses a collective sigh of relief that the worst of the COVID-19 pandemic seems to be behind us, a perfect storm of extraordinary factors is creating conditions for financial...more

Butler Snow LLP

Force Majeure Clauses in the Age of COVID-19 Litigation

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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

Bradley Arant Boult Cummings LLP

Texas Update: HB 1578 – Attorney’s Fees - Construction and Procurement Law News, Q3 2021

Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

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As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

Skadden, Arps, Slate, Meagher & Flom LLP

Litigation, Exposure and Insurance During the COVID-19 Pandemic

On May 18, 2020, Skadden and Marsh cohosted a webinar addressing litigation, exposure and insurance during the COVID-19 pandemic. The panelists were Marcie Lape, Skadden litigation partner; Amy Van Gelder, Skadden litigation...more

Farella Braun + Martel LLP

[Webinar] Cannabis Disputes: How to Minimize Your Litigation Risks - June 2nd, 10:00 am - 11:00 am PT

The laws regulating the cannabis industry are quickly changing and evolving. Many disputes are a result of a failure to identify a potential problem or compliance issue early on. When not addressed immediately, problems may...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: How To Prepare for Potential Future Disputes

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

Roetzel & Andress

Practical Tips For Ohio Construction In Response To The Coronavirus Pandemic

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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

Suspending contractual performance in response to the coronavirus outbreak

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The recent outbreak of the coronavirus has quickly developed from a local to a global threat with tragic human losses that overshadow contemplations of its economic impact. However, the disease is likely to have a profound...more

White & Case LLP

Subcontracting without consent – when performance gets personal

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Restrictions on a contractor's rights to subcontract works are common across industry forms of contract, and breach of these provisions can have significant consequences for a contractor. In a recent Australian case, the...more

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

White & Case LLP

"No deal" Brexit Plan of Action

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As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more

Orrick, Herrington & Sutcliffe LLP

Diligence Deferred Is A Transfer Denied

The Delaware Bankruptcy Court recently voided the transfer of bankruptcy claims where the seller failed to obtain the debtor’s prior written consent, as required by the underlying promissory notes. Both the promissory...more

Foley & Lardner LLP

Mitigating the Risks Involved With Ending a Business Relationship

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All good things must come to an end. So it is in life, and so it is in business. Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a...more

Troutman Pepper Locke

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

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Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Bradley Arant Boult Cummings LLP

Are Federal Courts Increasingly Likely to Grant Rescission of Insurance Contracts?

Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more

BakerHostetler

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

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Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

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