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17 Jul 2019, 5:00 am by Mitu Gulati
Altice USA Inc. (2019), where this issue came up, see here) More generally, I wonder how many more old clauses are out there that neither party has focused on that pose the risk of knocking out some new clause that the parties actually bargained for. [read post]
17 Jul 2019, 4:00 am by Alan Macek
In Mission Product Holdings Inc. v. [read post]
17 Jul 2019, 4:00 am by Administrator
He ultimately concluded that it was clear that there was a common law rule, based on public policy, that prevented parties from contracting out of bankruptcy law and that given the rule, he would determine whether clause VII (Q)(d) was an attempt to contract out of bankruptcy law. [read post]
17 Jul 2019, 12:00 am by Thomas G. Heintzman
In previous lower court decisions, it has been assumed that errors of law by an arbitral tribunal should be reviewed on a standard of correctness: see, for instance, Denali Construction Inc. v. [read post]
16 Jul 2019, 8:29 pm by Jeffrey M. Goldstein
In this breach of contract and trademark infringement case, where the pizza restaurant franchisor, Little Caesars Enterprises, Inc., sued the franchisee operators of several pizza restaurants for repeatedly violating the franchise agreement by, inter alia, violating operational standards, failing to pay royalties, and operating with the Little Caesars trademarks after the franchise terminations, the United States District Court for the Eastern District of Michigan granted the… [read post]
16 Jul 2019, 4:52 pm by Keahn Morris and John Bolesta
Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance of Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019). [read post]
16 Jul 2019, 2:01 pm by Cynthia Marcotte Stamer
Stamer also shares her thought leadership, experience and advocacy on these and other related concerns by her service in the leadership of the Solutions Law Press, Inc. [read post]
16 Jul 2019, 1:52 pm by James McQuade
(“Six Dimensions”), a digital marketing firm, $287,000 for its breach-of-contract claim against its former employee but rejected its behemoth $50 million claim for trade secret misappropriation against its competitor, Perficient Inc. [read post]
16 Jul 2019, 6:12 am by Patricia Hughes
The Tribunal referred to the Court of Appeal’s 2013 decision in Ontario (Alcohol and Gaming Commission of Ontario) v. 751809 Ontario Inc. [read post]
16 Jul 2019, 5:10 am by Charles Sartain
Carrizo Oil & Gas, Inc the Supreme Court of Texas has held again, here in a consent-to-assign dispute, that a contract means what the words say, even if in negotiations a landman said something he didn’t mean, … or changed his mind later, and even if “industry custom” is to the contrary. [read post]
16 Jul 2019, 3:05 am by Liz Dunshee
Last week, Corp Fin issued a joint statement with the Division of Investment Management, Division of Trading & Markets and Office of the Chief Accountant to say that companies should identify their exposure under contracts that extend past 2021 and consider whether future contracts should use an alternative rate. [read post]
15 Jul 2019, 3:08 pm
Southcoast Automotive Liquidators, Inc. (2017) 17 Cal.App.5th 841, 850 (Flores) [“An action for injunctive relief under section 1770 may be filed without sending a notice under section 1782, subdivision (a). [read post]
15 Jul 2019, 12:05 pm by Vishnu Kannan
” The committee will call Jill Marie Bussey, Director of Advocacy at Catholic Legal Immigration Network, Inc.; Eric Cohen, Executive Director, Immigrant Legal Resource Center; Michael Hoefer, Chief of the Office of Performance and Quality, U.S. [read post]