By now, attorneys practicing in the Fifth Circuit should know that if a case is in federal court on the basis of diversity jurisdiction, they must ensure that the record supports the diversity of citizenship requirement, lest...more
For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more
7/1/2024
/ Buyers ,
Commercial Litigation ,
Contract Disputes ,
Damages ,
Express Warranty ,
Goods or Services ,
Implied Warranties ,
Manufacturers ,
Remedies ,
Sellers ,
Statute of Limitations ,
Uniform Commercial Code (UCC) ,
Warranties
Whether representing a plaintiff determining where to file a lawsuit or a defendant evaluating whether it can remove a state action to federal court, lawyers are often tasked with determining the citizenship of a party that...more
From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some...more
Before a buyer of “goods” can bring a breach of warranty claim, Section 2-607(3) of the Uniform Commercial Code requires that it, “within a reasonable time after he discovers or should have discovered any breach[,] notify the...more
PLAINTIFF FAILED TO ESTABLISH DEFENDANTS’ MINIMUM CONTACTS IN BREACH OF CONTRACT CASE -
The Fifth Circuit recently affirmed the dismissal of a case for lack of personal jurisdiction, concluding that the case was “Florida’s...more
When I first read about the changes to the United States Department of Justice’s official guidance on its long-standing “Evaluation of Corporate Compliance Programs,” I immediately set out to identify, digest, and analyze...more
A recent opinion from the U.S. Court of Appeals for the Fifth Circuit serves a sharp reminder of the principle that federal courts have limited jurisdiction. In MidCap Media Finance, L.L.C. v. Pathway Data, Inc., Judge Oldham...more
Previously we introduced you to the FCPA and provided updates about the positive international trends in anti-corruption legislation; efforts to punish and deter bribery; the Organization for Economic Cooperation and...more
1/17/2020
/ Acquisitions ,
Anti-Bribery ,
Anti-Corruption ,
Chief Compliance Officers ,
Civil Liability ,
Compliance ,
Corruption ,
Criminal Penalties ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Mergers ,
OECD ,
Ratings ,
Risk Management ,
Transparency International ,
Whistleblowers ,
White Collar Crimes
Previously, we introduced you to this topic and provided updates about the positive international trends in anti-corruption efforts, bribery, and the Organization for Economic Cooperation and Development (OECD). Today, we...more
9/10/2019
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Cooperation ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Self-Reporting ,
Voluntary Disclosure ,
White Collar Crimes
The residual exception in Federal Rule of Evidence 807 provides a vehicle for the admission of hearsay statements that are not otherwise admissible under Rule 803 or 804. As the Fifth Circuit has observed, though, the...more
This article, which will be published in three parts, provides a compact overview of recent developments and emerging trends in international anti-corruption laws and compliance programs.
For the last several years, I and...more
If an adverse final judgment is rendered against your client, you likely will want to research the mechanics of posting a bond in order to prevent execution on the judgment while you appeal it. The Federal Rules of Civil...more