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Contract Disputes Financial Services Industry

Lathrop GPM

West Virginia Court of Appeals Enforces Release, Reverses Fraudulent Inducement Finding Against National Broker

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The West Virginia Intermediate Court of Appeals reversed a decision that a national broker franchisor, Ameriprise Financial, Inc., fraudulently induced a franchisee into buying the business of another Ameriprise franchisee,...more

Nelson Mullins Riley & Scarborough LLP

The Cost of An Early Payday: Lessons from Tatis Jr.'s Advance Financing Agreement

In professional sports, financial windfalls often come after years of uncertainty and risk. Fernando Tatis Jr., the San Diego Padres right fielder, provides a striking example. Early in his minor league career, he accepted a...more

Ropes & Gray LLP

Dealmaker's Digest: A Top 10 Bulletin - June 2025

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In Dealmaker’s Digest, read the top 10 latest developments in global transactions. We offer insights into M&A activity across industries and borders. Global M&A activity was mixed in May: aggregate deal value jumped nearly...more

Latham & Watkins LLP

Hague Judgments Convention 2019 Enters Into Force in the UK

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UK membership will strengthen cross-border enforcement of English court judgments and reinforce London’s position as a key global centre for dispute resolution....more

Ballard Spahr LLP

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

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Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses. The AAA stated that its goal was to...more

A&O Shearman

Tales of the unexpected

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A colleague told me about a conference at UCL on contract law and the unexpected saying, “Looks like a nice day out Jason”. When I was emailed 12 hefty draft papers by way of pre-reading, I realised it was a rather...more

A&O Shearman

Fool's gold: when you have to pay for pre-contractual services

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H&P, an investment bank, provided services allegedly worth USD 18 million to Randgold, who H&P had assumed was a client. However, terms of their engagement were never formalised or even written down. After the transaction,...more

Mayer Brown

Understanding How ‘Course of Performance’ Principles Impact Financings

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EXECUTIVE SUMMARY - When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as “course of performance” – may be used. But did you know this principle...more

Wiley Rein LLP

Notice Prejudice Rule Applies to Claim Not Reported “As Soon As Practicable” But Within Policy Period

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The United States District Court for the District of Kansas, applying Kansas law, has held that an insurer must show prejudice to deny coverage when an insured provided notice of a claim within the policy’s three-year policy...more

WilmerHale

BRG Annual M&A Disputes Report 2025

WilmerHale on

After moderate deal market gains in 2024, dealmakers are eager to leave the uncertainty of the last few years behind and enter a new chapter of mergers and acquisitions (M&A) activity. The conditions look right for further...more

Ballard Spahr LLP

Comment letters from consumer advocates bolster case against CFPB rulemaking on post-dispute arbitration clauses

Ballard Spahr LLP on

We previously reported and released a podcast episode on comments that we and Professor David Sherwyn of Cornell University submitted in opposition to the Petition for Rulemaking filed by a number of consumer advocacy groups...more

Hudson Cook, LLP

SDNY Holds that Revenue-Based Financing Contract is Not a Loan

Hudson Cook, LLP on

After a series of adverse decisions against revenue-based financing providers, the U.S. District Court for the Southern District of New York has given one provider a decisive victory and, in so doing, given the industry...more

Buchalter

Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Buchalter on

In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of...more

Bradley Arant Boult Cummings LLP

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Hogan Lovells

China contract boot camp: How foreign businesses can avoid entering into contracts involving "fake content with a genuine chop"

Hogan Lovells on

Under normal circumstances the fact that the parties to a contract have imprinted seals (or 'chops' as official company seals are called in China) would typically indicate that the parties have reached an agreement on the...more

Burr & Forman

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

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In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more

Bilzin Sumberg

New Second Circuit Statute of Limitations Ruling A Benefit to Loan Originators, Brokers

Bilzin Sumberg on

As originators and brokers of mortgage loans continue to get served with new lawsuits (or threatened with potential suits) related to loans that they conveyed to aggregators prior to the financial crisis of 2008, questions...more

Ballard Spahr LLP

Sixth Circuit: FDCPA Requirement to Cease Collection Pending Debt Validation Can Include Third-Party Activities

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In a matter of first impression, the U.S. Court of Appeals for the Sixth Circuit has ruled that the Fair Debt Collection Practices Act (FDCPA) requirement for a debt collector to "cease collection of the debt" after receipt...more

Carlton Fields

Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration

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A federal court in Minnesota determined that three of Plaintiffs’ claims were not subject to the applicable arbitration clause: (1) state-law usury claims; (2) state and federal financial disclosure claims; and (3) state-law...more

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