Former Customer Bets On The Wrong Business Deal
- Aug 25 2017
When disputes arise over the meaning of a contract or a clause within a contract, courts are called upon to interpret the agreement to give it meaning. Courts in textualist …
Category: Commercial Litigation
Court Excludes Parol Evidence Where Contract Is Complete, Clear And Unambiguous
- Aug 21 2017
The foundation of virtually every business and commercial transaction is a contract. Indeed, it is hard to imagine any transaction for the purchase or sale of goods, the merger or …
Merger Clause Found Sufficient To Bar Fraud Claim By Sophisticated Plaintiff
- Aug 16 2017
As a general matter, when parties negotiate an agreement in a clear and unambiguous document, their writing will be enforced according to its terms. Evidence outside the four corners of …
Court Rules That Law Banning Robocalls Is Not Unconstitutional Despite Being Content Based
- Aug 14 2017
Robocalls. We all get them. They are annoying. But, are they legal? Not surprisingly, the answer depends on the circumstances involved. In 1991, Congress passed the Telephone Consumer Protection Act …
Courts Holds That An Intermediary Was Not An Agent With Authority To Bind The Principal
- Aug 9 2017
In business, relationships are important. One relationship that is essential to successful businesses is the principal-agent relationship. A principal-agent relationship may be established by evidence of the consent of one …
New SEC IPO Rules in Effect
- Aug 7 2017
On July 10, 2017, new Securities and Exchange Commission (“SEC”) rules went into effect that permit companies, regardless of their size, to file paperwork for initial public offerings without immediately …
Government Contractors Beware: Failure To Comply With Contractual Notice And Reporting Provisions Can Cost You Money
- Aug 4 2017
Notice and reporting requirements in public contracts are common in public works projects. They provide public agencies with timely notice of deviations from budgeted expenditures or of any supposed malfeasance, …
Bad Faith Conduct Supports A Claim For Breach Of The Implied Covenant Of Good Faith And Fair Dealing
- Aug 2 2017
It is well settled that “[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.” Restatement (Second) of Contracts § …
Obtaining A Prejudgment Attachment Order Is Not Easy, Even Where Fraud Is Alleged
- Jul 28 2017
Prejudgment attachment is a provisional remedy that provides a plaintiff with a statutory mechanism by which he/she can secure a defendant’s assets during the pendency of a lawsuit. In effect, …
Court Rules That The Failure To Read An Insurance Policy Does Not Bar A Claim For Failure To Obtain Insurance
- Jul 26 2017
No one likes to read fine print or lengthy agreements. Anyone buying insurance, for example, knows this to be so. In fact, a 2016 car insurance TV commercial by Liberty …
