LexisNexis® Legal Newsroom
David S. Rich
What Are the Elements of Breach of Implied Covenant of Good Faith and Fair Dealing in New Jersey?

In addition to the express terms of a contract, “every contract in New Jersey contains an implied covenant of good faith and fair dealing.” Sons of Thunder, Inc. v. Borden, Inc. , 690 A.2d 575, 587, 148 N.J. 396, 420 (N.J. 1997) [subscribers...

Williams Mullen
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
The Fifth Unstated Element of Tortious Interference Claims

Most Virginia litigators will tell you that there are four elements to a claim of tortious interference with contractual relations in Virginia: (1) the existence of a valid contractual relationship or business expectancy; (2) knowledge of the relationship...

David S. Rich
What Are the Elements of an Account Stated in New York?

“Under federal and New York law, an account stated ‘refers to a promise by a debtor to pay a stated sum of money which the parties had agreed upon as the amount due.’ ” National Econ. Research Assocs., Inc. v. Purolite “C”...

Richard Goldfarb
The Egg Salmonella Sentencing: an Exercise in Imagination

Indulge me for just a moment in an exercise in whimsy. Except as will be expressly described below, any resemblance to real persons or substances, living or dead, is purely coincidental. Imagine if you will that in the processing of a particular foodstuff...

Margit Livingston
Professor Margit Livingston on Attorneys' Fees as Collateral under U.C.C. Article 9

Article 9 of the Uniform Commercial Code permits many different types of property to serve as collateral—both tangible and intangible. Sometimes law firms find themselves in need of funds to support their efforts on behalf of clients and may seek...