Contracts and Commercial Law

Recent Posts

A Cereal. A Rabbi. A Peppercorn.
Posted on 7 May 2014 by Richard Goldfarb

What can you say about an internet contracting strategy that died? I’m referring, of course, to General Mills’ abortive attempt to include new terms of service on all its internet and social media products, including an agreement to arbitrate... Read More

Damages Must Be Proven With Reasonable Certainty
Posted on 16 Aug 2013 by Lee Berlik

A plaintiff must prove his damages claim with reasonable certainty by providing sufficient facts and circumstances to allow the fact finder to make an intelligent and probable estimate of the damages sustained. In Crum v. Anonymizer , the Fairfax Circuit... Read More

Supreme Court Affirms Decision in Health Care Class Arbitration Dispute
Posted on 13 Jun 2013 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) In a unanimous opinion, the U.S. Supreme Court on June 10 affirmed that an arbitrator acted within his powers under the Federal Arbitration Act (FAA) in determining that parties affirmatively "agreed to authorize... Read More

Arbitrator Designation Deemed Severable from Contract
Posted on 1 Oct 2013 by Lee Berlik

Virginia Code § 8.01-581.01 et seq. evidences a public policy favoring arbitration . Virginia's statutory scheme provides that arbitration agreements between parties are valid and enforceable, and courts uphold the parties' designated method... Read More

When Negotiating Contract, Trying to Slip in Changes Undetected Can Lead to Fraudulent Inducement Claim
Posted on 30 Jul 2013 by Lee Berlik

One common problem when negotiating contracts is keeping track of all the revisions the other side makes without having to re-read the entire contract again and again. Microsoft Word's "track changes" feature is helpful but can still lead... Read More

Negligent Breach of Contract Is Not a Tort in Virginia
Posted on 17 Jul 2013 by Lee Berlik

Although parties can sometimes demonstrate both breach of contract and a tortious breach of duty, the duty in such cases must arise separate from the contractual duty, and negligent performance of a contract cannot form the basis for a tort claim. The... Read More

Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?
Posted on 23 Jul 2015 by Williams Mullen

by W. Alexander Burnett A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of... Read More

West Virginia Bank Wins Dismissal of Contract Claim for Lack of Personal Jurisdiction
Posted on 11 Apr 2014 by Lee Berlik

Virginia's long-arm statute extends personal jurisdiction to the fullest extent permitted by due process. A Virginia court may exercise specific jurisdiction over a defendant when the defendant has sufficient minimum contracts with Virginia such that... Read More