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Delaware Supreme Court affirms reformation of LLC agreements but reverses award of attorneys' fees - law firm was working for free

  • Stoel Rives LLP
  • -
  • USA
  • -
  • May 13 2013

Last year the Delaware Court of Chancery reformed the cash distribution waterfall provisions of three real estate joint venture LLC agreements

What does "consent not to be unreasonably withheld" mean in a commercial agreement?

  • A&L Goodbody
  • -
  • Ireland, United Kingdom
  • -
  • February 7 2012

The UK High Court in Porton Capital Technology Funds v 3M UK Holdings Ltd & 3M Company 2011 EWHC 2895 (Comm) recently considered the meaning of the phrase "which shall not be unreasonably withheld" in the context of a requirement to obtain a party's consent in a Share Purchase Agreement (SPA

When is a document executed as a deed in fact an agreement?

  • Clayton Utz
  • -
  • Australia
  • -
  • June 16 2010

When is a document that states that it is "executed as a deed" not, in fact, a deed?

Loss of chance arguments hold strong

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • September 29 2010

In the recent case of Tom Hoskins Plc v EMW Law the court clarified that it is still appropriate to apply loss of chance principles, even when the claimant can produce some evidence at trial to suggest how a third party would have acted

Property management company is not a “debt collector” under the Fair Debt Collection Practices Act

  • Smith Gambrell & Russell LLP
  • -
  • USA
  • -
  • December 20 2012

In Harris v. Liberty Community Management, Inc., Case No. 11-14362 (decided December 19, 2012), the United States Court of Appeals for the Eleventh Circuit held that a property management company acting pursuant to a management contract with a homeowners association was not a “debt collector” subject to the Fair Debt Collection Practices Act (“FDCPA”) when it attempted to collect assessments on behalf of a homeowners association

Contract: material breach and termination

  • CMS Cameron McKenna
  • -
  • United Kingdom
  • -
  • August 30 2012

A recent Scottish case provides guidance on termination following material breach of contract

What amounts to a deed and when is a party bound under a contract?

  • Norton Rose LLP
  • -
  • Australia
  • -
  • July 21 2010

British Gas intended to lease a number of floors at 400 George Street, Brisbane

General counsel update - 27 September 2012

  • Herbert Smith Freehills LLP
  • -
  • Indonesia, Myanmar, Spain, United Kingdom
  • -
  • September 27 2012

This is the 31st in our series of general counsel updates which aim to summarise major developments in key areas

Mortgage investor's alleged failure to be licensed could subject company to claims under debt collection statutes

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 21 2013

A federal court in Maryland recently declined to dismiss a borrower's claims that the owner of a mortgage loan operated as a debt collection agency

Legal and market developments in Russia - summer autumn 2012

  • Clifford Chance LLP
  • -
  • Russia
  • -
  • November 7 2012

Russia Update: Legal and market developments in Russia Summer Autumn Issue 2012 Macro Updates

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