Schlam Stone & Dolan Partner Jeffrey M. Eilender Discusses Whether Contractual Disclaimers Can Waive Fraud Claim
The California Court of Appeals for the Second District, creating a split of authority among California’s appellate courts, held that Ford Motor Co. did not have the right to enforce an arbitration provision in a sales...more
On June 1, 2023, the North Carolina Court of Appeals published two opinions involving issues of: (i) lenders’ rights to equitable subrogation, and (ii) substantial performance as a means to support a breach of contract claim...more
INTRODUCTION- This article is the sixth in a series that explains how the SEC has structured a campaign to suppress and eradicate cryptocurrency and digital tokens, why the SEC lacks jurisdiction over creators of...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more
The Singapore High Court considered a round trip sale-and-buyback transaction paid using a letter of credit facility in UniCredit Bank AG v Glencore Singapore Pte Ltd [2022] SGHC 263....more
Food trucks have become as ubiquitous on the streets of Manhattan as pigeons in Central Park. Unsurprisingly, the New York City food truck business is highly regulated, requiring licensure of those participating in the...more
In an effort to reduce allegedly “unnecessary junk products” sometimes included in automobile financing, on September 14, Governor Gavin Newsom signed into law Assembly Bill 2311, further regulating motor vehicle conditional...more
In recent years, many property owners have refinanced their mortgages to take advantage of low interest rates. When interest rates rise, buyers may prefer to assume a seller’s existing loan since new loans have higher...more
In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The...more
The Baltic and International Maritime Council (BIMCO) has released SHIPSALE 22, a new standard contract form for use by commercial sellers and purchasers of vessels. SHIPSALE 22 is intended to replace the popular SALEFORM...more
Supply chain considerations for firearms industry members break down into two key relationships: your customers and your vendors. Ensuring that you have the components and other supplies you need and ensuring that you can...more
When companies expand into new international markets, evaluating the full scope of internal requirements and external drivers—such as sales contracts, employment, corporate governance, and IP rights, as well as legal and tax...more
Before a horse sale concludes, the seller asks the buyer to sign a written sale contract that includes an “as is” disclaimer. Should the buyer sign the contract? And if the seller refuses to negotiate a removal of that...more
The retail installment sales contracts used by auto dealerships include disclosures related to GAP insurance and other debt cancellation products that are required under the federal Truth in Lending Act in order for the...more
Come January 1, 2021, senior citizens in California will be afforded additional cancellation rights when entering into contracts negotiated or executed away from typical business establishments. AB-2471, which Governor Newsom...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more
Of the state law defenses, unconscionability is the most often used and most effective legal justification for invalidating arbitration agreements. As a creature of state common law and state versions of the Uniform...more
A gasoline franchisee defeated a motion to dismiss brought by its franchisor, seeking to avoid a claim under the federal Petroleum Marketing Practices Act (PMPA). In 2018, Global Companies (Global) sent the franchisee a...more
Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more
Last week, mobile phone retail giant, The Carphone Warehouse (the “Firm”), was fined £29,107,600 by the FCA for pressure-selling its mobile phone insurance and technical support product known as “Geek Squad” to mobile phone...more
David Conaway advises not to get stuck in Chapter 11 when a sales contract is deemed to be an executory contract. Originally published in Eurofenix, Autumn 2018. ...more
EU food safety authorities are still feeling the repercussions of the insecticide-contaminated eggs crisis. That crisis highlights the many challenges of dealing with unsafe and non-compliant products in a single European...more
Nearly one year ago, we wrote about auto loan delinquencies’ potential impact on the automotive industry. Now, car sales are falling and auto loan delinquencies are making headlines again, with a growing number of subprime...more
Increase will not apply to contracts signed before August 1st - As part of passing the budget for fiscal year 2018, the Delaware General Assembly voted to increase the transfer tax charged on real estate transactions from...more