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23 Mar 2023, 6:30 am
Related research from the Program on Corporate Governance includes Are M&A Contract Clauses Value Relevant to Bidder and Target Shareholders? [read post]
23 Mar 2023, 6:30 am
Related research from the Program on Corporate Governance includes Are M&A Contract Clauses Value Relevant to Bidder and Target Shareholders? [read post]
23 Mar 2023, 6:23 am
The decision from In re SunEdison, Inc. demonstrates that the LPAC’s role in approving conflicted transactions remains a case-by-case, contract specific analysis. [read post]
23 Mar 2023, 6:11 am
” Barber’s appeals went unanswered. [read post]
Courts will not assume the role of overseers to conform an arbitration award to its sense of justice
23 Mar 2023, 4:33 am
" Noting that a party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence, the Appellate Division's decision pointed out that "Courts are bound by an arbitrator's factual findings, interpretation of the contract and judgment concerning remedies" and courts may not examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply… [read post]
Courts will not assume the role of overseers to conform an arbitration award to its sense of justice
23 Mar 2023, 4:33 am
" Noting that a party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence, the Appellate Division's decision pointed out that "Courts are bound by an arbitrator's factual findings, interpretation of the contract and judgment concerning remedies" and courts may not examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply… [read post]
23 Mar 2023, 3:46 am
The court noted that Symetra was essentially asking it to impose a requirement that was not in the contract between the parties, and it declined to do so. [read post]
22 Mar 2023, 7:41 pm
Riviana Restaurant Corporation, 461 So.2d 1011 (Fla. 4th DCA 1984), Florida’s Fourth District Court of Appeal explained that: “For example, an employee fired improperly cannot sit idly by and then recover his entire salary. [read post]
22 Mar 2023, 4:26 pm
Procedural History of the Case It is reported that the plaintiffs entered into a gestational carrier contract with a woman who failed to disclose her pregnancy complications. [read post]
22 Mar 2023, 11:43 am
Missouri appellate precedent is clear that arbitration clauses in insurance contracts are voidable as against public policy notwithstanding choice of law provisions in the contract. [read post]
22 Mar 2023, 9:57 am
Haiti’s current crisis began when President Michel Martelly made unconstitutional appointees, allowed positions to remain empty, used the national police to target rivals, gave government contracts to his political allies and refused to hold elections. [read post]
22 Mar 2023, 9:37 am
“So, [AB] 747 wants to codify that,” she says, “as well as include an enforcement mechanism by which there could be penalties if you’re including these agreements in your employee contracts. [read post]
22 Mar 2023, 9:25 am
There are in many cases no reason for an ERISA benefits case to be analyzed as anything other than what it often is at heart, a breach of contract dispute, and yet because it involves employee benefits, a unique standard, unfavorable to employees but favorable to the plan sponsor, applies. [read post]
22 Mar 2023, 9:19 am
Annuity switching involves an investor transferring assets from one annuity contract to another, typically with the same insurance company, in order to take advantage of certain benefits or features of the new contract. [read post]
22 Mar 2023, 7:59 am
If the scramble feels familiar, that’s because it is. [read post]
22 Mar 2023, 7:58 am
Generally, only 65% of the costs of contract research expenses are eligible unless certain criteria are met. [read post]
22 Mar 2023, 7:30 am
The Working Group heard comments from multiple trade associations which uniformly criticized the current draft as unworkable, failing to reach the right balance between insurance licensees’ need to collect and retain data and consumer’s preferences to restrict insurer’s use of their data. [read post]
22 Mar 2023, 7:03 am
Hetronic also won on a contract claim, but contract law would not support this disgorgement remedy. [read post]
22 Mar 2023, 6:21 am
And one more thing: Among the victims of 18F's scam was Senator Ron Wyden (Ore.), who touted login.gov and its phony biometric checks as the "good" alternative to ID.me, a private identity-checker that encountered political flak over its contract with the IRS. [read post]
22 Mar 2023, 6:12 am
Defendant’s counsel Barclay Damon represented Somerset in 2015 during the time of defendant’s alleged misappropriation of Somerset’s funds. [read post]