News & Analysis as of

Business Litigation Breach of Contract Commercial Litigation

Vinson & Elkins LLP

Texas Business Court Could Make Litigation Faster, More Efficient

Vinson & Elkins LLP on

Texas’ new business court, which the state hopes will make complex litigation more efficient, opens in less than four months. And while there’s still uncertainty about how the court will operate, its structure and the Texas...more

Farrell Fritz, P.C.

Commercial Division Reiterates That It’s Not a Rubber Stamp for CPLR 3215 Default Motions: Movant Must Set Forth Prima Facie...

Farrell Fritz, P.C. on

Commercial Division litigators are keenly aware of CPLR 3215’s proof requirements. We can recite in our sleep the need to submit (1) proof of service, (2) proof of default, (3) the amount due, and (4) facts constituting the...more

Troutman Pepper

Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between

Troutman Pepper on

In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more

Farrell Fritz, P.C.

The Evidence Behind E-SIGS

Farrell Fritz, P.C. on

The COVID-19 pandemic has unsurprisingly resulted in many people in the business community, including lawyers, transacting business remotely. With that uptick comes more contracts utilizing electronic signatures and remote...more

Farrell Fritz, P.C.

Ready or Not, Here I Come: The Expansion of Substitute Service by Email

Farrell Fritz, P.C. on

The old game of “hide-and-seek” brings many of us back to our childhood as one of our favorite ways to pass time during the summer. As commercial practitioners know, the concept of serving a summons and complaint in a case...more

Jaburg Wilk

Err on the Side of Strict Compliance

Jaburg Wilk on

Contracts for the sale of land or goods often impose “conditions precedent.” This means something must occur before a claim or duty arises. There are many distinct types of these provisions, but a fairly standard condition...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

Bennett Jones LLP on

Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Farrell Fritz, P.C.

A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!

Farrell Fritz, P.C. on

It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more

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