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  • Article

    Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due To Partially Withheld Payments

    Every party to a contract must uphold the duty of good faith and fair dealing. But there is no free-floating duty under Washington law: the parties' respective obligations must be tied to a particular contract provision.
    United StatesLitigation, Mediation & Arbitration
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of Delegation Of Arbitrability To Arbitrator

    The Ninth Circuit thus vacated the District Court's order, concluding that the litigation must be stayed while the tribunal determined whether PGE was required to arbitrate its claims against the Sureties.
    United States
Litigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    Private Arbitration Agreements Which Prohibit Public Injunctive Relief Violate Public Policy And Are Unenforceable Under California Law

    In an April 5, 2017 unanimous opinion, the California Supreme Court held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and unenforceable under California law.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Seventh Circuit Speaks Again On How The Wisconsin Fair Dealership Law Applies In Arbitration

    Even a serious error by arbitrators does not undercut the validity—and finality—of their award.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    South Carolina Surety Law Update

    Sureties may be bound by mandatory arbitration provision in a principal's contract per a recent ruling by the U.S. District Court for the District of South Carolina.
    United StatesLitigation, Mediation & Arbitration
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    Space Companies Should Ensure Their Access To International Arbitration

    Outer space, long dominated by governments of larger nations, has recently witnessed a surprising increase in private capital, along with a great range of new space activities ranging from...
    United StatesLitigation, Mediation & Arbitration
    Holland & Knight
    Holland & Knight
  • Article

    The Alabama Supreme Court Allows A Second Bite At The Arbitration Apple

    Could a failure to participate in a court-ordered arbitration be enough to waive a party's right to arbitration?
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Third Circuit Vacates District Court's Decision And Remands For Further Proceedings Regarding Whether The Parties Agreed To Arbitrate

    The underlying arbitration involved a breach of contract claim. Aliments and Nichols, through brokers, had exchanged some sales confirmations for Aliments to purchase pistachios from Nichols...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Timing Is Everything: NY Commercial Division Updates Rule On Trial Length

    On March 27, 2017, the Commercial Division of the New York Supreme Courts updated its rule on trial length, giving judges the express authorization to impose time limits, at their discretion, on different phases of trial.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Wisconsin's Supreme Court Creates More Power For The Arbitrator

    Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement's scope.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Wisconsin's Supreme Court Creates More Power For The Arbitrator

    Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement's scope.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    5 Lessons We Learned In Our Business Development Efforts

    Business development and marketing often feels like a Sisyphean task. In many ways it is. It's certainly never complete and there's always more that can be done.
    United StatesMedia, Telecoms, IT, Entertainment
    Greenberg Glusker LLP
    Greenberg Glusker LLP
  • Article

    Can You Turn A Claim Into Puffery By Adding "Up To"?

    In April 2015, plaintiff Jeff Young bought some expensive LED light bulbs at Walmart made by Cree. He alleged that, within three months, the bulbs had all burned out.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

    In Whitt, the defendant filed a motion to dismiss the plaintiff's lawsuit and compel arbitration pursuant to the terms of a website clickwrap agreement.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Criminalization Of Robocalls?

    U.S. Senator Chuck Schumer (D. N.Y.) has introduced a bill that would criminalize the act of knowingly initiating a commercial robocall without the prior express written consent of the recipient.
    United StatesMedia, Telecoms, IT, Entertainment
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    eCommerce Best Practice: Require Customers To Click "I Agree"

    When conducting eCommerce with consumers, the safest practice for businesses looking to enforce their website's terms is to include obvious indicia of consumer consent.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Episode 2: Mike Tannenbaum Of The Miami Dolphins

    This week's guest, Mike Tannenbaum, Executive Vice President of Football Operations of the Miami Dolphins, epitomizes what After The Buzzer attempts to do.
    United StatesMedia, Telecoms, IT, Entertainment
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Foreign Corruption In Advertising Markets: A Large And Looming Concern

    Last week, Shanghai police reportedly raided the offices of WPP subsidiary, Group M, based on allegations of bribery in the placement of media by Group M.
    United StatesMedia, Telecoms, IT, Entertainment
    Katten
    Katten
  • Article

    Menu Costing Affords Restaurateurs Proper Pricing And Inventory Management

    How often do you cost your menu items? Menu costing allows for proper pricing and inventory management.
    United StatesMedia, Telecoms, IT, Entertainment
    ORBA
    ORBA
  • Article

    NIL Smashes Into High School

    Here we go! It was bound to happen sooner or later. Here is what may be reported as the first high school NIL (name, image and likeness) deal. Adidas may be the first of many NIL high school deals to come.
    United StatesMedia, Telecoms, IT, Entertainment
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Showing 941–960 of 6696 results

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