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Davis Wright Tremaine LLP

An Important Win for Employers in California: Meal Period Waivers

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For over a decade, many California employers have issued written meal period waivers that permit employees to voluntarily agree to prospectively waive 30-minute meal periods throughout their employment and under certain...more

Payne & Fears

Prospective Written Meal Period Waivers Can Be Enforced in California Says the California Court of Appeal

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Employers in California often offer employees the ability to sign “meal period waivers,” usually at onboarding. These written waivers reflect the employee’s agreement, on a going-forward basis, to waive their first meal...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

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In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Herbert Smith Freehills Kramer

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

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For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...more

Gray Reed

Wave Goodbye To Unenforcable Mineral Lien Waivers: The Houston Court Of Appeals Weighs In With Mesa V. Deep Energy

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The Fourteenth Court of Appeals in Houston recently issued an opinion that will have profound impacts on mineral liens and contractual provisions purporting to waive mineral liens. The question of whether or not a pre-work...more

Hudson Cook, LLP

Don't Assume What a Court Will Assume About Your Contract

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It's often difficult to predict how a court will interpret text, whether the text is part of a statute, a regulation, or a contract. Sure, courts have tools to aid their interpretations, but how a court will apply those tools...more

Troutman Pepper Locke

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against...

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Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Invalidates Arbitration Agreement With PAGA Waiver

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court...more

Patterson Belknap Webb & Tyler LLP

Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction

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On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more

Snell & Wilmer

Under Construction - March 2017

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Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Holland & Knight LLP

West Coast Real Estate Update: February 2017 #2

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Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Pierce Atwood LLP

Alternative Duties for Alternative Entities: High Court Allows LLC and LLP Managers to Limit or Waive Fiduciary Duties

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The nation’s leading forum for business and shareholder disputes recently confirmed that alternative entities such as limited liability companies (LLCs), limited partnerships (LPs) and master limited partnerships (MLPs) can...more

Cozen O'Connor

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

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According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

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