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Alabama
arbitrability
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Travelers Casualty and Surety Co.
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Travelers Indemnity Co. v. Chubb Indemnity Ins. Co.
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Virginia
Real Law Editorial Team
over 8 years ago
International Trade
International Trade Law Blog
Invisible Ink: The Hidden Clause in Many International Sales Contracts
There’s good news—and cause for concern—in recent numbers about the U.S. economy. On a positive note, the Export-Import Bank of the United States reported in early June 2014 that the country’s exporting performance was continuing...
Vandeventer Black LLP
over 9 years ago
Public Policy
Public Policy Law Blog
Vandeventer Black LLP: Court Questions Teaming Agreement
Authored by attorney Mike Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc. , 493 S.E. 2d 514 (Va. 1997) [ version available to lexis.com subscribers ], the court held a teaming agreement was unenforceable on the ground that “agreements...
Lee Berlik
over 9 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
Damages Must Be Proven With Reasonable Certainty
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...
Cheryl Keely
over 9 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
Supreme Court Affirms Decision in Health Care Class Arbitration Dispute
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...
Richard Goldfarb
over 8 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
A Cereal. A Rabbi. A Peppercorn.
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...
Lee Berlik
over 9 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
Arbitrator Designation Deemed Severable from Contract
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...
Lee Berlik
over 9 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
When Negotiating Contract, Trying to Slip in Changes Undetected Can Lead to Fraudulent Inducement Claim
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...
Lee Berlik
over 9 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
Negligent Breach of Contract Is Not a Tort in Virginia
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...
Williams Mullen
over 7 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?
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...
Lee Berlik
over 8 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
West Virginia Bank Wins Dismissal of Contract Claim for Lack of Personal Jurisdiction
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...
Francis G.X. Pileggi
over 9 years ago
Corporate
Corporate Law Blog
Primer on Contract Damages and Options for Non-Breaching Party
Henkel Corp. v. Innovative Brands Holdings, LLC , C.A. No. 3663-VCN (Del. Ch. Jan. 31, 2013). Issue Addressed The only issue addressed in this decision on cross-motions for summary judgment was the amount of damages based on a stipulation as...
International & Foreign Law Community Staff
over 10 years ago
International Law
International Law Commentary
Uncertain Enforceability of Guarantees in Estonia
by Arne Ots and Sander Kärson Excerpt: The concept of the first demand guarantee has been well accepted and recognized in Estonia. This contract security has been a widely used and irreplaceable tool to secure the immediate availability...
Jennifer Hans
over 12 years ago
Insurance Law
Insurance Coverage
Supreme Court Denies Petition To Review Ruling In Asbestos Coverage Lawsuit
WASHINGTON, D.C.- (Mealey's) The U.S. Supreme Court on Nov. 30 denied an insurer's petition for certiorari seeking review of the Second Circuit U.S. Court of Appeals' ruling that a 1986 injunction issued in asbestos manufacturer Johns-Manville...
Thomas Fox
over 10 years ago
Corporate
FCPA & Compliance Law Blog
A Seat at the Table – Compliance in the Contract Tender Process
After all the due diligence on the sales agents and representatives has been completed and they are ready to help you land that large international contract, what is the role of compliance? I would argue that compliance has as central a role to play...
Thomas Fox
over 8 years ago
Corporate
FCPA & Compliance Law Blog
Life Cycle Management of Third Parties – Step 4: The Contract
This post continues to outline what I believe are the five steps in the life cycle of third party management. Today I will look at Step 4, the contract. However, before we get to the contracting stage a word about what to do with Steps 1-3. You cannot...
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