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You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east. Prior to the commencement of your enforcement journey, perhaps you...more
It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly...more
When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more
These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more
Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice...more
For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more
In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions. Business communities and trade associations campaigned vigorously in support of its...more
After two decades practicing law in Silicon Valley and five formative years working on cross-border deals in Europe, I’ve come to appreciate the subtle (and not-so-subtle) differences in how merger and acquisition (M&A)...more
In this second installment of MVA’s Supply Chain series on tariffs, we examine a fundamental question in the determination of which party to a contract is responsible for paying tariffs on goods imported into the United...more
On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more
2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more
Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more
The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more
Globalization continues to transform workplaces into vibrant intersections of cultures and practices. Yet with this richness comes complexity: Cross-cultural misunderstandings can easily escalate into disputes when legal...more
Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more
On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA)...more
The idea for “Across Borders and Barriers: Insights Into International Legal Negotiations” was born from years of observing what too often goes unsaid in cross-border legal practice: that most of the difficulty lies not in...more
Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about....more
The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more
Sewak v. Sutherland Energy Co. Ltd. is of interest for how the court defined terms commonly used in consulting contracts in the oil and gas industry, and how difficult it is to foresee all contingencies when negotiating a...more
In this Part 3 of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss tactics and best practices defense contractors should deploy when negotiating terms once selected for an OT award. This is...more
What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more
Mandatory arbitration provisions, combined with class action waivers, are a common element of consumer-facing terms and conditions. Unfortunately, in recent years, plaintiffs’ counsel have moved from fighting these provisions...more
Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more
This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more