In a recent noteworthy case, Munoz, v. Earthgrains Distribution, LLC, a federal court in California made a substantial decision, challenging the validity of arbitration clauses in contractual agreements. According to case details, the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were misclassified as…
In an intriguing turn of the legal tides, a court has recently dismissed a contractor’s claim that the COVID-19 pandemic rendered contract performance impossible. The precedent established is of particular interest to legal professionals. The essence of contract law has always been the fulfillment of legally enforceable promises. If such commitments or “contracts” are not…
Changes are afoot in Georgia’s legal landscape concerning employee restrictive covenants. For many years, it seemed the courts took a somewhat relaxed stance regarding employee non-compete agreements and other such measures. However, following a lengthy hiatus, Georgia’s courts appear to be cracking down on these agreements once more, signifying noteworthy changes to policies that could…
The United States Supreme Court is due to assess a case central to the enforceability of choice-of-law clauses in maritime insurance contracts; Great Lakes Insurance v. Raiders Retreat Realty. The case falls under the admiralty power of federal courts, which allows the creation of a federal common law for maritime contracts. This law, a long-standing…
In a maneuver that garnered the attention of legal professionals worldwide, the Securities and Exchange Commission (“SEC”) recently ordered D.E. Shaw & Co, L.P. (“DESCO”) to cease and desist from their usage of certain confidentiality restrictions, imposing a hefty $10 million civil money penalty on the investment managing firm. The event took place on September…
The rapid rise of arbitration as a preferred method for dispute resolution especially within corporate settings, is hardly ignorable. Mandatory arbitration provisions are increasingly becoming a common sight in a variety of commercial contracts, particularly in consumer agreements. As indicated in a recent study in 2018, 81 out of America’s 100 largest companies incorporate binding…
In the recent and noteworthy ruling of People’s Trust Insurance Company v. Banks, the Third District Court of Appeal issued an updated opinion on September 13, 2023, revising their original decision released on August 13 of the same year. The sole question before the Court was the interpretation of a “limited water damage endorsement,” which…
In an increasingly complex regulatory landscape, performing comprehensive due diligence is of paramount importance, particularly in corporate law where transactions such as mergers and acquisitions (M&As) are prevalent. Yet its pillars are rarely examined. This article aims to highlight these fundamental aspects based on an insightful piece published by JDSupra. The level of M&A activity…
California’s legislation on noncompetition and non-solicitation agreements has long viewed with a pro-employee-mobility lens, often being touted as the most stringent in the country. For many years, it has been the practice in California to prohibit noncompetition and non-solicitation agreements post-employment. The California Supreme Court didn’t shy away from clarifying its stand in 2008, noting…
In the September 2023 issue of the Saiber Construction Law Column, focus was given to the subject of forum selection clauses in contractual agreements, which is increasingly relevant in our globalized business world. Essentially, a forum selection clause serves as an agreement between parties to establish a venue – the location of the court –…
On October 3, 2023, the Federal Acquisition Regulatory (FAR) Council released two new proposed rules to partially enact President Biden’s Executive Order aimed at elevating our nation’s cybersecurity. As hinted in the title of the article, these new guidelines are particularly pertinent for federal contractors, who will potentially face significant changes in their operations. From…
Corporate legal professionals may be aware of the traditionally lengthy process of document legalization in China. However, significant developments are now on the horizon. The mainland of China has formally acceded to the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalization for Foreign Public Documents (known as the “Hague Convention”). The move,…
For decades, lessees have been aiming to maintain their oil and gas lease through “constructive participation” in wells dug by others. However, a recent ruling in the Texas case, Cromwell v. Anadarko E&P Onshore, LLC, challenges this strategy. In Cromwell v. Anadarko E&P Onshore, LLC, the court ruled that the lessee failed to extend the…
In a recent edition of the Blockchain Bi-Weekly published in October 2023, the Polsinelli Blockchain+ team shared their insights on various key stories in the digital asset and blockchain spheres. Notable among these topics are the intersections of code, smart contracts, and U.S. law as understood by attorneys intimately involved in the space. The narrative…
With its unique approach to procurement, Colorado stands apart from other states in the United States. In a stark departure from the norm, the process of procurement of contracts in Colorado is decentralized. This implies that every state agency is responsible for its own solicitations. However, this uniqueness poses certain challenges for businesses intending to…
The landscape of merger and acquisition (M&A) strategies has always been complex, and when union contracts and Section 363 Sales intersect, the complexity intensifies even further. This article serves as an update in light of the recent legal developments and their implications for corporations navigating through these intricate waters. In the context of distressed acquisitions,…
The United Arab Emirates (UAE) has made a significant alteration to its labor legislations, mandating employers operating in the UAE to transition their existing contracts with employees that are not already on fixed-term to fixed-term contracts by December 31, 2023. This change is driven by the Federal Decree Law No. 33 of 2021, which has…
The US Department of Justice (DOJ) continuely underscores the enforcement of cybersecurity standards for all government contractors. It recently announced a $4 million settlement in a case concerning False Claims Act (FCA) allegations, favoring a contractor who had failed to meet stipulated cybersecurity requirements. Further revelations about this signify that the DOJ’s Civil Cyber-Fraud Initiative…
In a recently issued ruling, the Supreme Judicial Court of Massachusetts (SJC) reaffirmed its stance on the “Single Look Doctrine” when evaluating the liquidated damages clause in commercial leases. The court held that even in instances where the lessee defaulted one month into a five-year lease, they are still legally bound by a liquidated damages…
In a sign of further consolidation within the legal field, global law firm Baker McKenzie and Clayton Utz, a leading Australian firm, have recently expanded their commercial real estate teams with the addition of new partners. Emily Peverill, former executive counsel at Herbert Smith Freehills, has become a part of Baker McKenzie’s Melbourne office. With…
The Petroleum Marketing Practices Act (PMPA) has a profound impact on the operations of branded retail motor fuel facilities, a sector that continues to play a significant role in the supply chain of products sold in Arkansas. A brief contemplation of this multifaceted interplay reveals the ongoing reliance of Arkansas motor fuel jobbers, marketers, and…
In a notable legal development, the Nevada Supreme Court has reversed an earlier order that had denied a motion to compel arbitration. This reversal was prompted by reassessments towards the plaintiff’s claims which initially alleged that the contract in question was illegal – a stance that was not considered as a valid ground to deny…
Issues of hiring, worker classification and terminations are significant facets of operational functionality and legal clarity for any business – more so for startups navigating these domains for the first time. One critical area that demands significant attention is documenting worker relationships and onboarding processes. Once a startup classifies a worker correctly, it becomes paramount…
The Colombian National Hydrocarbons Agency (ANH) has issued Agreement No. 6 of 2023 on September 28, 2023, which sets forth criteria for the management of hydrocarbon contracts and agreements. This new directive aims to encourage the exploration of hydrocarbons and foster a just energy transition process. As detailed in the full documentation available on JD…
The latest issue of the Real Estate Litigation Newsletter, ‘Law of the Land’ – October 2023, Volume II, Issue IV, delved into an interesting matter of plaintiff-tenant’s claim and landlord’s dispute. This comprehensive publication can be accessed from the link at the end of this text. The case in question, Sourcing Unlimited, Inc. v. Cummings…