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Results: 1-10 of 89

Force majeure in tumultuous times: impracticability as the new impossibility

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • March 13 2012

Force majeure clauses excuse a party from performance if some unforeseen event beyond its control prevents performance of its contractual obligations

Delaware corporate law and litigation: what happened in 2013 and what it means for you in 2014

  • DLA Piper LLP
  • -
  • USA
  • -
  • January 30 2014

The Delaware Court of Chancery and the Delaware Supreme Court have maintained a balance in the application of these laws between entrepreneurship by

Yes means no agreement to arbitrate: lack of essential elements of a contract in online transactions

  • Arent Fox LLP
  • -
  • USA
  • -
  • February 19 2014

In a recent decision from the US Court of Appeals for the Ninth Circuit, Lee v. Intelius Inc., 9th Cir., No. 11-35810, 121613, the Court held that

Retailers beware: “browsewrap” agreements threaten enforcement of website terms of use (or, back to contract basics)

  • Briggs and Morgan
  • -
  • USA
  • -
  • November 20 2012

As Black Friday and Cyber Monday approach, a word of caution for online retailers: your website’s terms of use may be a “browsewrap” agreement, which could jeopardize its enforceability

Ninth Circuit and California Supreme Court hold California contract law of unconscionability not preempted by the FAA under Concepcion

  • Arnold & Porter LLP
  • -
  • USA
  • -
  • November 14 2013

Under the Federal Arbitration Act, an arbitration agreement is valid and enforceable "save upon such grounds as exist at law or in equity for the

More failed boilerplate - Georgia rejects arbitration clause for LLC dissolution dispute

  • Stoel Rives LLP
  • -
  • USA
  • -
  • February 17 2011

I recently blogged about Gordon v. Kuzara, a Montana Supreme Court decision that refused to enforce an LLC agreement’s arbitration clause in a dissolution dispute

How to lose $4 million when firing an executive what happens when it all goes wrong?

  • Dorsey & Whitney LLP
  • -
  • USA
  • -
  • October 11 2011

I usually work as a defense attorney

Some class-action waiver clauses continue to be held unenforceable, even after Concepcion

  • Cohen & Gresser LLP
  • -
  • USA
  • -
  • February 6 2013

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an

Sixth Circuit holds expired contract's arbitration provision enforceable

  • Littler Mendelson
  • -
  • USA
  • -
  • April 1 2014

Is an arbitration clause enforceable if it is in an expired contract and the parties omitted it from the contract’s survival clause? Yes, said the

SOC-SMG, Inc. v. Day & Zimmerman, Inc., et al., C.A. No. 5375-VCS (September 15, 2010)

  • Potter Anderson & Corroon LLP
  • -
  • USA
  • -
  • September 20 2010

In this case, the Delaware Court of Chancery denied a motion for several forms of relief, including an orderdisqualifying the opposing party's counsel in arbitration and terminating all the opposing party's claims anddefenses in arbitration