The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more
In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more
This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more
Customers worldwide use Acrobat, Photoshop, Illustrator and other Adobe software to create content and manipulate images. Now, the Federal Trade Commission (FTC) is accusing Adobe of manipulating customers into subscription...more
In Herbig v. Welch, a dispute arose around whether a trust terminated and whether certain transfers were valid. No. 01-22-00080-CV, 2023 Tex. App. LEXIS 4505 (Tex. App.—Houston [1st Dist.] June 27, 2023, no pet.)....more
In a recent decision, the New Mexico Supreme Court ruled in the case of Sipp v. Buffalo Thunder Inc. that state courts do not have the authority to adjudicate tort claims filed by casino visitors. The unanimous decision...more
Employee representatives on the works council and health and safety committee benefit from a special form of dismissal protection, which covers all effective members and substitute members sitting on those bodies, as well as...more
A federal court in Michigan granted Little Caesar Pizza Enterprises, Inc.’s motion for summary judgment seeking to enforce its termination of the franchise agreements between it and franchisee S&S Pizza Enterprises, Inc....more
In its recent decision, Forbes v. Glenmore Printing Ltd., 2023 BCSC 25 (“Glenmore”), the Supreme Court of British Columbia rejected an argument that a contractual termination provision was void due to its potential to breach...more
On December 14, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule that contemplates several changes to, and clarifications of, guidance for the Medicare Advantage (MA) program in coverage year 2024....more
Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more
When negotiating distribution agreements, sometimes manufacturers overlook the significance of termination clauses. After all, if you are in the process of making an agreement with a new distributor, why take the time to...more
In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more
The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more
With hiring for next school year underway, now is the perfect time to review your employment contracts. While there is no one-size-fits-all approach, you should make sure that your contracts work for, and not against, your...more
With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more
A franchisee sued real estate franchisor Century 21 for a declaration whether the franchisee could end its franchise agreement early despite a provision that deleted the franchisee’s early termination right. Noting the...more
In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the...more
A federal court in Michigan granted 7-Eleven’s motion for summary judgment, enforcing the franchisor’s right to terminate a franchisee with repeated defaults, even though each default had been cured. 7-Eleven’s franchise...more
Dealers throughout the United States are riding a wave of dealer-friendly laws. Many of these statutes are to be expected, given a state’s economic priorities: Iowa’s laws predictably protect farm equipment dealers;...more
A federal court in Nashville granted summary judgment on breach of contract claims in favor of a damage restoration franchisor’s lawsuit with a former California franchisee. A Servpro franchisee had a territory in Los...more
In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario’s Superior Court held, rather surprisingly, that a termination provision in an employment contract that has even a remote possibility of violating the...more
The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more
As the old adage goes, "less is more." This might now be true for termination clauses in employment contracts after a recent decision from Ontario's top court. In Waksdale v Swegon North America Inc., 2020 ONCA 391...more
On August 31, 2020, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled that neither Cigna Corporation (“Cigna”) nor Anthem, Inc. (“Anthem”) were entitled to the billions of dollars in damages and fees...more