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New York Law Journal

Drafting an Arbitration Agreement in 2022: The Drafter's Perspective

In this second article of her series, Myrna Barakat examines the issue of drafting arbitration agreements from the perspective of practicing transactional attorneys and asks several corporate lawyers to weigh in with their thoughts and insights.
8 minute read

Daily Report Online

As Round Two Looms in Heated Battle Over Health Care Contracts, Insurer Is Adding Legal Firepower

Northside's attorney S. Derek Bauer accused Anthem of trying to "play chicken" with people's lives. For its part, Anthem accused Northside of turning down "generous increases"—and added to its litigation team.
5 minute read

New York Law Journal

First Department Reverses Summary Judgment in $1M Art Consignment Case Over Frank Stella Artwork

Whether the piece, which is part of Stella's "South African Mine" series, was damaged during the contractual consignment period is a key issue that "remains an issue to be determined at trial," wrote a First Department panel.
5 minute read

Daily Report Online

Man Sues RV World Over Breach-of-Contract Claims

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

New York Law Journal

Circumvention of the Statute of Frauds in New York

New York courts have consistently held that a plaintiff may not "circumvent" the Statute of Frauds through artful pleading of a quasi-contractual "arrangement" instead of asserting breach of an oral contract. But in practice, claims for unjust enrichment, quantum meruit, and promissory estoppel often succeed where a claim for breach of an oral contract fails, overcoming a Statute of Frauds defense.
8 minute read

Daily Business Review

Appeals Court: Liability Protection Doesn't Extend to Car Dealership's 'Gratuitous Bailment' of Loaner Vehicle

Florida's Fifth District Court of Appeals held Friday that the provision of a complimentary loaner vehicle is not considered a rental or lease transaction and, therefore, the Graves Amendment does not apply.
4 minute read

New York Law Journal

Second Circuit's 'Melendez' Decision and the Reasonableness of Emergency-Related Laws

The case is significant as it not only provides the analytical framework for local governments to guide drafting and passing local ordinances in response to a crisis, but also provides private entities the pleading standard to challenge those pandemic or emergency related laws.
8 minute read

New York Law Journal

Unacknowledged Nuptial Agreements

In his Law and the Family column, Joel Brandes discusses two companion cases, 'Anderson v. Anderson' and 'Matter of Koegel', where the Court of Appeals addressed issues unresolved in prior cases regarding non-compliance with the signature acknowledgment requirements of DRL §236(B)(3) which will render a nuptial agreement unenforceable unless reaffirmed by the parties.
11 minute read

Daily Report Online

Troutman Pepper Removes Class Action Against American Teleconferencing

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

Legaltech News

Legal Tech's Predictions for Contracts and CLM in 2022

From where the blockchain to contract review workflows to new personnel handling matters and more, attorneys and technologists believe that 2022 is shaping up to be another transformative year in the contract market.
10 minute read

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