By Jenna Greene | May 22, 2020
'The case directly presents some of the most pressing issues regarding material adverse effect clauses and the pandemic,' said Polkes, the global co-chair of Weil's litigation practice.
New York Law Journal | Analysis
By Michael A. Scheffler | May 21, 2020
Conclusion There are many twists and turns in the road to replacing the prime contractor in the middle of a construction project. The steps outlined in this article are intended to aid the owner in navigating this road.
New York Law Journal | Analysis
By Frances Kulka Browne and Erika Ghaly | May 20, 2020
Employers should carefully analyze the language of each agreement before taking any action to avoid exposing themselves to potential breach of contract claims.
New York Law Journal | Analysis
By Ronald S. Kornreich | May 19, 2020
It is important for hotel owners to review their management and franchise agreements to determine whether to seek modifications in light of closures or suspensions as well as the potential for future lingering effects of the virus on the travel industry.
By Matthew Solum | May 15, 2020
A recent decision has found that even unfettered contractual discretion might be trumped by an allegation that the fiduciary is self-dealing or has otherwise acted in bad faith.
The Recorder | Analysis|Expert Opinion
By Dylan W. Wiseman and Julian "Pete" Mack | May 15, 2020
In the recent case of 'Ixchel Pharma v. Biogen', the Ninth Circuit asked the California Supreme Court to resolve two questions "because of their significance for business torts in California."
New York Law Journal | Analysis
By Paul M. "Tad" O'Connor, Christian T. Becker and Jeffrey Ephraim Glatt | May 15, 2020
In the context of the current pandemic, a discussion of the principles courts have traditionally looked to in addressing claims that nonperformance of contracts should be excused because of external events.
New York Law Journal | Commentary
By Paula Z. Segal, Cheryl Walker and Catherine Humphreville | May 15, 2020
The City has the legal authority to suspend rents for commercial tenants impacted by the pandemic and stabilize commercial rents in the long term.
By Raychel Lean | May 14, 2020
A controversial new insurance law has found what attorneys say is likely to be the first of several challengers as a contractor's claims against its insurer survived a motion to dismiss Thursday. The case also presents a question that attorneys say is likely to reach the Florida Supreme Court.
Texas Lawyer | Analysis|Best Practices|Commentary|Expert Opinion
By Craig Duewall and Alan W. Hersh | May 13, 2020
With the adoption of the Texas Arbitration Act, the last half-century has been marked by a steady increase in courts' willingness to, and even preference for, enforcing arbitration provisions.
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