LexisNexis® Legal Newsroom
Sheppard Mullin
Federal Court Limits Tribe’s, Secretary’s Options When State Balks at Gaming Compact

by Christine Swanick and Wilda Wahpepah A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures...

Richard Goldfarb
This Email Isn’t Worth the Paper It Isn’t Written On

You know the old expression, variously attributed to Samuel Goldwyn and others , “ a verbal contract isn’t worth the paper it’s written on.” In fact, of course, unless the statute of frauds applies, an oral contract is as good...

Lee Berlik
Virginia Won't Allow You to Blue-Pencil That Non-Compete

In Virginia, covenants not to compete (a.k.a. non-competition agreements or simply "noncompetes") are considered restraints on trade and are therefore disfavored in the law. Unlike California, which prohibits them outright , Virginia will enforce...

Margit Livingston
Professor Margit Livingston on The Debtor's Name on a U.C.C. Article 9 Financing Statement: In re Patriot Electric & Mechanical, Inc.

Much time, energy, and thought has been spent in refining UCC provisions regarding the correct debtor name for a financing statement and the amount of latitude that should be allowed for minor errors. Article 9 was revised in 2010 in part to address these...

Margit Livingston
Professor Margit Livingston on Consignments under U.C.C. Article 9

Excerpt: Consignments are typical in the art world. The owner of a painting who wishes to sell it will often consign it to an art gallery for exhibit to the public. The gallery will be empowered to sell the painting on behalf of the owner, usually...

Lee Berlik
Optional Liquidated Damages Clause Held Unenforceable

Liquidated damages are damages the amount of which has been agreed upon in advance by the contracting parties. When a contract contains a liquidated-damages provision, the amount of damages in the event of a breach is either specified, or a precise method...