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Commercial Litigation

Freiberger Haber LLP

Settlement Term Sheet Constitutes Instrument for the Payment of Money Only

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Pursuant to CPLR 3213, a plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment” by filing a summons and motion for summary judgment in lieu of complaint. The statute...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Finds Stepped Dispute Clause Does Not Bar Arbitration

In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board (Thomson v. Essex School Board), the Court of Appeal for Ontario found that a “stepped” dispute resolution clause did not bar recourse to...more

Brownstein Hyatt Farber Schreck

Colorado Court of Appeals Expands Fee Recovery Rights in Lease Enforcement Disputes

The Colorado Court of Appeals recently clarified the scope of contractual fee-shifting provisions in lease agreements in an opinion, which may have broader implications for businesses with lease agreements or other similar...more

A&O Shearman

Recognition of Aggregate Group’s 2024 English Restructuring Plan Denied in Germany

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In this alert, we consider the recent judgment of the Frankfurt court declining to recognize the effects of the Aggregate group’s 2024 English restructuring plan in respect of certain of its German law-governed debts....more

Fox Rothschild LLP

The Bat Flip Heard Around the World: Rocco v. Little League Baseball, Inc.

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In the world of youth sports, few moments are as exhilarating as a home run in a championship game. For 12-year-old M.R. of Haddonfield, New Jersey, that moment became the center of a legal controversy that captured national...more

Cooley LLP

Warranty Claims: Notification and Service Requirements Under the Microscope (Again)

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The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti) on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the...more

Farrell Fritz, P.C.

Defamation in Business Disputes: Executive Held Personally Liable for False Kick-Back Accusation

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On June 18, 2025, Justice Andrew Borrok of the Manhattan Commercial Division issued a post-trial decision in IGC 444 Park LLC et al. v. 444 PAS Restaurant Associates LLC et al., finding individual defendant David Moinian...more

Latham & Watkins LLP

Hong Kong Court Considers the Interplay Between Arbitration and Foreign Insolvency Proceedings

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The Hong Kong Court of First Instance rules that commencing Cayman winding-up proceedings did not breach the arbitration agreement, as such proceedings would not finally resolve the dispute....more

BCLP

Better to ask for Forgiveness than (Court) Permission? “Service out” and the CPR 6.33(2B) Gateways

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The UK High Court in White Rock Corp Ltd v Middle Volga Shipping Co [2025] has recently provided helpful clarification in relation to the “service out” jurisdictional gateway in CPR 6.33(2B)(c) in the context of the First...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Clarifies No Duty of Disclosure in Guaranty Agreements

In August 2025, the Supreme Court of Ohio issued its decision in Huntington National Bank v. Schneider providing important guidance on the obligations of lenders in guaranty and suretyship relationships. The Court rejected...more

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

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In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more

Miles Mediation & Arbitration

Successful Mediation of Franchise Disputes: Factors That Influence the Outcome

Franchising as a legal relationship has embraced mediation as a pre-filing requirement to a lawsuit or arbitration in many franchise agreements. So, how has it gone? Originally published in the ABA’s The Franchise Lawyer -...more

Marshall Dennehey

Appeals Court Reverses Arbitration Ruling, Citing Improper Credibility Determination by Successor Judge

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Metzger v. Strongsville Care Group, LLC (8th Dist.), 2025-Ohio-1732 - On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a...more

Mayer Brown

DAZN v Coupang: English Court of Appeal Blows the Final Whistle on FIFA Club World Cup Broadcasting Rights Dispute

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In DAZN Limited v Coupang Corp the English Court of Appeal has held that informal messages exchanged via WhatsApp and email were sufficient to form a binding contract to sublicence the broadcast rights to the 2025 FIFA Club...more

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

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In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Farrell Fritz, P.C.

Who’s Covered? Commercial Division to Clarify Its Role in Insurance-Coverage Cases

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Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex commercial disputes...more

Quinn Emanuel

August 2025 Business Litigation Report

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When Machines Discriminate: The Rise of AI Bias Lawsuits - Over the past three years, businesses in the United States have rapidly adopted artificial intelligence (“AI”) technology – defined broadly as the ability of...more

Davis Wright Tremaine LLP

Drafting Broad Arbitration Clauses

In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more

Otten Johnson Robinson Neff + Ragonetti PC

Court of Appeals: Contractual Attorney Fees Provision Awards “Fees on Fees”

Colorado, like most states, follows the “American Rule,” which requires parties to a lawsuit to pay their own legal expenses. There is a significant exception though, if the parties agree, in a contract clause known as a...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from August 22, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, August 22, which included two opinions of interest to the Alabama business community...more

Freiberger Haber LLP

Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with...

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This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. While we have not written about RPAPL 1304 in a while, it has been the subject of numerous articles in the past. By way of...more

Conyers

Indemnity Costs and Issue-Based Costs Orders in the Bermuda Court of Appeal

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The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards. In each respect the Court of...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Ruling Clarifies Whether Banks Owe a Duty to Loan Guarantors

The Ohio Supreme Court overturned the First Appellate District’s ruling in Huntington National Bank v. Schneider (Case No. 2024-0208), clarifying when banks must disclose material information to loan guarantors. In a case...more

Morgan Lewis

English Commercial Court Considers the Impact of Corporate Succession on Arbitration Clauses

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In the recent case before the English Commercial Court of Energyen Corp v HD Hyundai Heavy Industries Co Ltd [2025] EWHC 1586 (Comm), Justice David Foxton rejected a challenge to an ICC arbitration award under Section 67 of...more

Davidoff Hutcher & Citron LLP

When To Seek Judicial Dissolution For Your Restaurant Business

Running a restaurant with business partners can be a rewarding venture, but partnerships don’t always go as planned. Disagreements, financial troubles, and breaches of fiduciary duty can create conflicts so severe that...more

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