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Statutory Interpretation Contract Terms

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

Greenberg Glusker LLP

Counting to 10: Simpler in Kindergarten than in Proposition 65

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California’s Proposition 65 (“Prop. 65”) requires businesses to provide warnings for any products that contain certain levels of chemicals determined by the State of California to cause cancer or reproductive harm. Prop. 65...more

ArentFox Schiff

Hohenshelt v. Superior Court Confirms California Arbitration Fee Law Survives FAA Preemption Challenge

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On August 11, the California Supreme Court issued a significant decision in Hohenshelt v. Superior Court addressing the interplay between the Federal Arbitration Act (FAA) and California’s statutory requirements for timely...more

A&O Shearman

Ninth Circuit Dissolves Arrangement Between Rival Vegas Newspapers as Illegal

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On August 4, 2025, the United States Court of Appeals for the Ninth Circuit sided with the Las Vegas Review-Journal (“Defendants”) in antitrust litigation with rival Las Vegas newspaper the Las Vegas Sun, Inc. (“Plaintiff”),...more

Clark Hill PLC

Can you eliminate fiduciary duties in a Texas LLC?

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Bottom Line: Yes, as of May 14, 2025, members of a Texas LLCs can now eliminate fiduciary duties through their company agreements (aka “operating agreements”), thanks to a crucial amendment that added the word “eliminate” to...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

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On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Freiberger Haber LLP

Plaintiff’s Allegations and Records Show Its Claim Was Time Barred

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In Southgate Owners Corp. v. Esposito, 2025 N.Y. Slip Op. 32750(U) (Sup. Ct., N.Y. County July 24, 2025) (here), plaintiff sued defendant, a shareholder in its cooperative building, seeking a declaratory judgment that 80...more

Saiber LLC

The Saiber Construction Law Column: June 2025

Saiber LLC on

A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered....more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

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The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

Blank Rome LLP

From Rigid to Reasonable: Supreme Court Clarifies Arbitration Fee Payment Rules in California

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The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations....more

Womble Bond Dickinson

California Supreme Court Clarifies Arbitration Waiver Rule: Not as Draconian as It Seems

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The use of arbitration clauses in employment and consumer-related contracts is ubiquitous. California law requires companies facing employment and consumer claims in arbitration to pay arbitration fees and costs within 30...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

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The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Paul Hastings LLP

Nevada Court Finds Business Judgment Rule Applies to Nevada LLCs

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The Nevada District Court recently clarified that the business judgment rule — a fundamental corporate law protection — applies to limited liability companies when their operating agreements specify fiduciary duties. The...more

Herbert Smith Freehills Kramer

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery...

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 (Section 1782). 2025 WL 2166397...more

Husch Blackwell LLP

Supreme Judicial Court Limits Scope of Massachusetts Noncompetition Agreement

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The Massachusetts legislature passed the Massachusetts Noncompetition Agreement Act (MNAA) in 2018, culminating a longstanding effort to balance employers’ rights to protect legitimate business interests—such as trade...more

Schwabe, Williamson & Wyatt PC

FAR Revisions for Extraordinary Contractual Actions and the Safety Act

The FAR Council is undertaking a systematic approach to revising the FARs. On July 31, 2025, it released its revisions to FAR Part 50 – Extraordinary Contractual Actions and the safety act. ...more

K&L Gates LLP

ASIC Appeals Full Federal Court's Finding in Favour of Block Earner: Key Takeaways for Crypto Companies

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The crypto-asset industry has undergone unparalleled expansion and growth in recent years, leaving regulators globally grappling with how to keep up and enforce the existing regulatory frameworks. In Australia, the...more

BakerHostetler

Ohio Supreme Court Clarifies Ohio CAT Agency Exclusion

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The Ohio Supreme Court issued a decision on June 18 that Ohio Commercial Activity Tax (CAT) taxpayers should consult for insights that may strengthen their ability to claim the exclusion from the CAT for money or revenue...more

Sheppard Mullin Richter & Hampton LLP

Texas Supreme Court Issues New Interpretation of Texas Usury Law

On May 23, the Texas Supreme Court issued an opinion holding that in determining whether a commercial loan is usurious under Texas state law, the “actuarial method” must be employed. This requires the applicable amount of...more

Morrison & Foerster LLP - Government...

GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more

Mayer Brown

Whats 'Appening? The Impact of Technologies on Legal Formality Requirements?

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While lawyers may still be wary of using WhatsApp in their professional life, the business world has been eager to embrace it. But what weight does a WhatsApp message (or the content of any messaging platform) have and how...more

JAMS

From 1925 to Today: How the FAA Transformed Dispute Resolution

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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

Allen Matkins

If "Will" Means "Shall", Does "Shall" Mean "Will", "May" or "Must"?

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In reviewing a recent agreement, I came across the following interpretive provision...more

Epstein Becker & Green

Time is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims

The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers....more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

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