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New York Law Journal

Dispute on 'Implicit' Term Insufficient to Preclude Enforcement

This article discusses the potential risks companies face when working with renegotiation of settlement agreements. "plaintiffs Javelin Global Commodities (UK) Ltd. and Bluegrass Commodities LP sued defendant Lexington Coal Company, and its affiliates, under two different contracts: (i) a contract between Bluegrass and Lexington granting Bluegrass the exclusive right to market and sell thermal coal; and (ii) a contract between Javelin and Lexington for the sale of metallurgical coal to Javelin."
7 minute read

Delaware Business Court Insider

Four Delaware Supreme Court Arguments to Pay Attention to This Fall

Closely-watched cases could have implications for areas of corporate law that have come up repeatedly in attorneys' conversations this year and in 2023, including controlling shareholders, out-of-state incorporations and how much leeway the Court of Chancery has in reviewing arbitration awards and non-competes.
6 minute read

Law.com

Judge Shrinks Attorney Fee Award for 'Data Dump,' Billing Record Deficiencies

KPM's invoices lacked charts, summaries or other explanation as to its purportedly reasonable hours, the court said.
5 minute read

Daily Business Review

Muhammad Ali's Daughter Accused of Ignoring South Florida Judge

The plaintiff claimed Khaliah Ali Wertheimer has not complied with court orders for discovery and other legal matters.
4 minute read

Law.com

Assisted Living Facility's One-Sided Arbitration Agreement Rendered Unenforceable by Illinois Appellate Court

In "Hwang v. Pathway LaGrange Property Owner," the appellate court concluded that the arbitration agreement between the parties "lacked the consideration necessary to form a valid contract because Hwang received no benefit and Aspired suffered no detriment by signing the arbitration agreement."
4 minute read

The Recorder

Band Limp Bizkit, Fred Durst Sue Universal Music Group Over Unpaid Royalties

The acclaimed rap rock band, which is experiencing a revival through online streaming, alleges UMG deliberately concealed millions of dollars in royalties.
6 minute read

Delaware Business Court Insider

The Del. Supreme Court Could Make the Next Big Move in Anticompetitive Agreements. Here's How.

What the court hasn't explicitly weighed in on, and what the Seventh Circuit is asking it to clarify, is whether forfeiture for competition agreements in other types of contracts are subject to a court's analysis of their reasonableness.
4 minute read

National Law Journal

Why Uber's MDL Consolidation Fight at 9th Circuit May Be One to Watch

A holding that nonconsolidation clauses are enforceable in the multidistrict litigation context could lead more companies to include such provisions in their contracts, said Lindsay Nako, executive director of Impact Fund.
5 minute read

The Recorder

Choice-of-Law Stipulation Doesn't Salvage Unenforceable Contract, Second District Says

"No California case yet has directly addressed whether a stipulation to apply California law renders an otherwise unenforceable forum selection clause enforceable," Justice John Segal wrote. "We hold it does not."
3 minute read

Corporate Counsel

'The Unheard of Superpower': How Women's Soft Skills Can Drive Success in Negotiations

"Sometimes, I find that men are very focused on, 'What is the win, and how do I win?' And I think women are focused on, 'How do I win, but how do I get there in a different way?'" said Deborah Solmor, general counsel of Gateway Foundation.
8 minute read

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