Contractual Disputes Legal News Coverage

New York Law Journal

You Can't Unring the Bell: Costly Waivers in LLC Operating Agreements

By Laura A. Colca and Ryan W. McNagny | November 09, 2018

In a recent decision, the Delaware Court of Chancery reaffirmed the policy of Delaware and many other states, including New York, of enforcing broad contractual waivers of fiduciary duties and demonstrated the importance of carefully negotiating contractual rights and obligations when forming or investing in a limited liability company.

8 minute read

New York Law Journal

Can a Release in a Stock Purchase Agreement Preclude Claims Under a Software License?

By Richard Raysman and Peter Brown | November 09, 2018

In their Technology Law column, Richard Raysman and Peter Brown discuss 'Cyprus Grp. Holdings v. Onex', an opinion which dealt with a variety of issues in contract law, including the construction of a release provision in the context of a stock acquisition, the interpretation of forward-looking and ambiguous software license provisions, and whether two breach of contract and indemnity claims are sufficiently similar that if one is precluded by a release, so too is necessarily the other.

7 minute read

Delaware Business Court Insider

Del. Supreme Court Vacates $17M Judgment in Contract Dispute Over 'Metal Cards'

By Tom McParland | November 08, 2018

A three-judge panel of the high court said that CompoSecure would have another chance to argue that its contract with CardUX was void and unenforceable under New Jersey law.

4 minute read

Litigation Daily

Daily Dicta: Nothing Like a Fight Over Dinosaur Bones to Put Things in Perspective

By Jenna Greene | November 07, 2018

How often does a judge get to decide an issue of first impression from the Mesozoic Era?

7 minute read

Litigation Daily

Daily Dicta: Skadden Lawyers Keep Winning These Cases (But I Wish They Wouldn't)

By Jenna Greene | November 06, 2018

The litigation concerns roof shingles—a decidedly un-sexy product. But the underlying issue is a hot one: what constitutes a valid arbitration agreement?

7 minute read

New Jersey Law Journal

Widow of Metro Corp. Magazine Publisher Says She Was Stiffed on Husband's Death Benefits

By Charles Toutant | November 05, 2018

Carol Lipson claims that her husband's publishing company, Metro Corp., has failed to pay her a $1 million benefit, in breach of a 1997 agreement he signed calling for the company to pay her that sum on his death. In addition, a 1997 prenuptial agreement between the Lipsons calls for his estate to pay her another $600,000 on his death, but the estate has refused, her suit claims.

3 minute read

The Legal Intelligencer

Widow of Philadelphia Magazine Publisher Says She Was Stiffed on Husband's Death Benefits

By Charles Toutant | November 05, 2018

Carol Lipson claims that her husband's publishing company, Metro Corp., has failed to pay her a $1 million benefit, in breach of a 1997 agreement he signed calling for the company to pay her that sum on his death. In addition, a 1997 prenuptial agreement between the Lipsons calls for his estate to pay her another $600,000 on his death, but the estate has refused, her suit claims.

3 minute read

New Jersey Law Journal

Judge Rejects Heartland Payment Systems' Motion to Dismiss Ex-Employee's Suit Challenging Nonsolicitation Provisions

By Charles Toutant | November 05, 2018

Heartland Payment Systems said the case presented no actual controversy because its former employee, Lawrence Bradfield, said he did not intend to violate the nonsolicitation provisions. But the judge said that Heartland's stance conflicts with its stated intention to hold Bradfield accountable to the restrictive covenants.

4 minute read

The Legal Intelligencer

'Reckless Indifference' but No Punitives in Lawsuit Over LLC's Membership Buyout

By Zack Needles | November 01, 2018

The Pennsylvania Superior Court will not disturb a lower court's ruling that awarded compensatory damages but denied punitive damages to a plaintiff whose former co-owners in a public utility consulting firm fired him and bought out his membership share for a fraction of its value.

4 minute read