Legal Writing Launch

OCTOBER 4, 2024

Lawyers need to draft meticulously documents such as contracts, wills, and statutes to ensure that these documents are enforceable and comprehensible. Transactional Documents: These include contracts, agreements, wills, and trusts. For instance, legal writers should summarize dense statutes.

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Conflict of Laws

NOVEMBER 27, 2021

The claimants/respondents issued a claim for significant compensation before the High Court of Cross Rivers State, Nigeria for breach of contract and negligence on the part of the defendant/appellant for failure to fully perform the terms of the insurance contract during the period the 1 st claimant/respondent was sick in Nigeria.

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Conflict of Laws

JULY 13, 2023

INTRODUCTION The debate surrounding the composite approach i.e., the approach of accommodating the application of both the law applicable to the substantive contract and the Lex Fori to the arbitration clause has recently resurfaced with Anupam Mittal v Westbridge Ventures II (“Westbridge”).

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Conflict of Laws

JUNE 6, 2022

The Basic Stance in China: Severability of the Guarantee Contract. Statutes in China provide limited grounds for extension of arbitration agreement to a non-signatory. This short essay looks into this issue. Nevertheless, courts in China are reluctant to apply Article 129 to an arbitration clause by way of mutatis mutandis.

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Constitutional Law Reporter

MAY 14, 2024

To purchase those rights, they entered into contracts with Flowers that require any disputes to be arbitrated under the FAA. Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”

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Legal Writing Launch

SEPTEMBER 27, 2024

Legal writing affects many aspects of legal practice, from drafting compelling briefs to negotiating settlements and creating clear contracts. Understand Your Audience Whether you are drafting a brief for a court or a contract for clients, understanding your audience is the first step.

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SCOTUSBlog

SEPTEMBER 29, 2023

One “friend of the court” brief filed in support of Pulsifer tells the justices that the lower court’s ruling “turns the statute on its head by foreclosing safety-valve relief for the vast majority of defendants to whom the statutory amendment might apply.” The tester, Deborah Laufer, has physical disabilities and vision impairments.

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Conflict of Laws

DECEMBER 16, 2020

International businesspersons are more interested in economies that enforce contracts, protect and secure property rights, and have simple and efficient dispute resolution mechanisms in place. Investors may envisage multiple proceedings and the cost of such proceedings are factored into the contract ab initio.

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Strictly Business

FEBRUARY 19, 2018

The main reason these types of entities are use are: Unlike corporations, LPs and LLCs are not taxed as a separate business entity. Just about any provision of the state LLC and LP statutes in Delaware can be overridden by the entity’s governing agreement, including those pertaining to fiduciary duties.

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Patently O

APRIL 25, 2023

NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are. The Federal Trade Commission recently jumped into the deep end of this swimming pool by proposing a rule that would ban noncompete agreements in employment contracts nationwide. NDAs can, in other words, go beyond trade secrecy.

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Conflict of Laws

MAY 2, 2025

Yet, these statutes, which were enacted during the British colonial era, were limited in their application as they applied only in judgments relating to commercial matters. One of the main reasons was REJOs limited scope, as it catered to rather uncomplicated monetary matters arose during the colonial times.

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Conflict of Laws

JULY 26, 2021

6] The appeal highlights the tension that exists between holding parties to their promises to litigate abroad and countenancing breaches of contract where ‘serious issues of public policy’ are at play. [7]. The Full Court distilled Epic’s 17 grounds of appeal from Justice Perram’s decision into two main arguments. 27] Ibid, [66]. [28]

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Conflict of Laws

SEPTEMBER 1, 2022

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract. The starting point is the fraudulent car purchase.

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Conflict of Laws

FEBRUARY 22, 2024

Similarly, the foreign law chosen as the governing law of a contract is often not applied because of the procedural status of foreign law as a matter of fact, the content of which must be ascertained by the party invoking its application. Pursuant to Article 4 of Law No. 2, 2019, pp. Girsberger et al. 414 ff).

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Conflict of Laws

DECEMBER 31, 2020

This post briefly lists the main novelties. Multi-party disputes (and disputes arising out of multi-tier contracts) will profit from an improved joinder and consolidation regime. Transparency also underpins the amendment of Appendices I and II, which respectively gather the Statute and the Internal Rules of the Court.

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Conflict of Laws

JANUARY 12, 2021

S Khanderia, “Practice does not make perfect: Rethinking the doctrine of “the proper law of the contract” – A case for the Indian courts” An international contract calls for the identification of the law that would govern the transaction in the event of a dispute on the matter between the parties.

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Conflict of Laws

SEPTEMBER 15, 2024

and English courts do not give effect to foreign blocking statutes, like the French Blocking Statute, but have ruled in favor of disclosure of documents and information. III of the Private International Law Act of Uruguay of 2020; Article 3 Hague Principles on Choice of Law in International Commercial Contracts of 2015. [17]

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At the Lectern

MARCH 24, 2022

The statute proscribes a reviewing court from “render[ing] a decision in a proceeding. In a rare ruling, the court granted review in Munoz v. PL Hotel Group and sent the case back to the Fourth District, Division One, for rehearing after supplemental briefing under Government Code section 68081.

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Conflict of Laws

NOVEMBER 4, 2022

Not surprisingly, due weight was given to Switzerland and Belgium, as the former is considered to have a model legislation on the discipline and the latter has the “youngest” statute of continental Europe. These traditional characteristics of French private international law were recalled by Pierre Mayer in an already nostalgic note.

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Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. In this case, the law applicable on the contract overrides the harmonized European trade secret law regulations which cannot be considered as mandatory rules either.

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ClimateChange-ClimateLaw

JUNE 14, 2023

There are several statutes that form the basis of our antitrust laws. They also required any financial company entering (or renewing) contracts with state entities to affirm they do not, and will not, boycott those companies. And what are the permissible boundaries of that behavior? What is a Boycott, according to antitrust law?

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Conflict of Laws

APRIL 1, 2025

Professor Martin Gebauer (University of Tbingen) explored three main themes: striking parallels in time and content, strong contrasts, and finally the tensions in characterisation. She exemplified her views by reference to statutes of limitation.

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Broadcast Law Blog

OCTOBER 9, 2016

Three main players were involved in the advertising campaign at issue in FTC v. Although Section 230 was developed as a reaction to cases that held an online service provider liable for a user’s defamatory statement, the statute applies to a far broader range of third-party content – including deceptive statements.

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Conflict of Laws

MAY 17, 2022

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. an assignee as a third party is bound by a jurisdiction clause agreed by the original contracting parties. Mankowski: Whom has the appeal under Art.

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InHouseBlog

JULY 29, 2023

Buyer concerns about assuming historical liabilities of the Target (which mitigate in favor of an asset purchase structure) and the tax impact of the deal structure on the parties are usually the main drivers for choosing a particular deal structure.

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Legal Writing Launch

FEBRUARY 21, 2025

For example, consider the following sentence: The court held that [the defendant’s actions] constituted a breach of contract. For instance: He [the defendant] argued that the contract was void. Parentheses ( ): Often used to add supplementary information, comments, or minor digressions that are tangential to the main text.

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.”

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Conflict of Laws

OCTOBER 28, 2022

The court clarified that the provision governs the jurisdiction of a court also in such cases where a consumer who has contracted with a professional counterparty subsequently relocates to another contracting State. 3 Lugano II) remain possible as a means of protection. Staudinger/F. 6(4)(c) of the Rome I Regulation.

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LawTechnologyToday

MARCH 3, 2023

It was also completely unable to answer any legal questions that related to a particular statute or citation and was generally unable to grasp the substance of the underlying issue. Answer: “It is possible that AI could eventually replace some aspects of a lawyer’s job, such as document review, legal research and contract analysis.”

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Conflict of Laws

APRIL 25, 2024

The wide-reaching effect of a previous Court of Appeal decision on the interpretation of gateway (n) which covers a claim brought under statutes dealing with serious crimes such as corruption and dug trafficking and ‘any other written law’ is also yet to be grasped by litigants. [5]

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Conflict of Laws

MARCH 19, 2021

In spite of a choice of court agreement pointing to Irish courts for “all suits to enforce this contract” (translation), the OLG München has held itself competent for antitrust claims, as – according to the reasons given – no interpretation of the contract was necessary. 25 Brussels Ia Regulation itself.

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JonathanTurley

DECEMBER 7, 2023

” As a sports figure, such allegations can have a major impact on his future contracts both with teams and advertisers. We have previously discussed retraction statutes that can limit damages or actions. Spears objected to Times suggesting that he was “involved” in the “fatal January shooting.”

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Conflict of Laws

MARCH 22, 2022

Thereafter, the present essay analyses the term “network”, using the classic means of interpretation of statutes and secondary European law in light of the jurisprudence of the ECJ (IV.). After a short desciption of the rules requiring the auditor’s independence (II.), Against this backdrop, the application of § 319b will be examined (V.).

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ClimateChange-ClimateLaw

AUGUST 8, 2023

It directs the California Air Resources Board (CARB) to contract with a nonprofit climate reporting organization that has “experience with climate-related financial risk disclosure by entities operating in California.” 7] Climate Change Institute, University of Maine, Climate Reanalyzer, Daily Sea Surface Temperature, [link]. [8]

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LettersBlogatory

OCTOBER 6, 2022

On the other hand, in general, the Israeli state recognizes as valid marriages contracted outside of Israel that were valid at the place of the marriage. This is an application of one of the main principles of conflict of laws, though there is a public policy exception. So never let me hear it. God in Heaven!”

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Conflict of Laws

JANUARY 30, 2021

A blocking statute is adopted by a country to hinder the extraterritorial application of foreign legislation. [1] 1] For example, the EU adopted Council Regulation No 2271/96 (hereinafter “EU Blocking Statute”) in 1996 to protest the US’s extraterritorial sanctions legislation concerning Cuba, Iran and Libya. [2] Background.

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Above The Law

MAY 14, 2025

Appellant) Main Themes: Profit Apportionment Ignored: The district court improperly awarded 100% of Hyteras profits without attributing value to its own technological investments, sales, or independent development efforts. Fearless Fund cannot transform a racially discriminatory contract into protected expression by announcing a message.

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