Searching Content indexed under Contracts and Commercial Law by Akin Gump Strauss Hauer & Feld LLP ordered by Published Date Descending.
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The English Court Of Appeal Applies 'But For' Test To "Force Majeure Clause" – FIDIC's "Exceptional Events" Now Under Threat?
International Construction Arbitration has received a shock. Consistent with the leading textbooks
15 Aug 2019
FIDIC Issues "Emerald Book" For Underground Works
International construction arbitration welcomes FIDIC's latest standard form contract: the "Emerald Book"
United States
2 Aug 2019
Confidential Commercial Or Financial Information Is Exempt From FOIA. No Showing Of Substantial Competitive Harm Is Necessary.
The U.S. Department of Agriculture (USDA) issues participants of the Supplemental Nutrition Assistance Program (SNAP) cards—like a debit card—to buy food from participating retailers.
United States
9 Jul 2019
A U.S.-Style Regime For Class Action Litigation Looms Large In The EU
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights...
11 Jun 2019
Supply Chain Due Diligence Laws Go Orange—Netherlands Latest To Pass Legislation
On May 14, 2019, the Dutch Senate passed a long-awaited Child Labor Due Diligence Law,1 which places obligations on companies ...
United States
4 Jun 2019
The Court Of Appeal In England & Wales Curtails Use Of Liquidated Damages For Delay
In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread.
United States
14 May 2019
OFAC Sanctions Venezuelan State-Owned Energy Company PdVSA, Releases New General Licenses And FAQs For Venezuela Sanctions Regime
On January 28, 2019, OFAC added the Venezuelan state-owned oil and natural gas company PdVSA to its SDN List.
United States
12 Feb 2019
Second Circuit And New York Appellate Division Decisions Affirm Pro-Arbitration Policies
In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel ...
United States
8 Feb 2019
Federal Circuit Decision Clarifies When An ANDA Filer May Appeal An Adverse IPR Ruling
In Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH, generic drug manufacturer Amerigen appealed a decision of the Patent Trial & Appeal Board ...
United States
31 Jan 2019
Courts Should Decide Whether Federal Arbitration Act Applies, Even If Arbitration Agreement Delegates Such Questions To Arbitrator
The Supreme Court held that courts should determine whether disputes are excluded from arbitration under the FAA
United States
22 Jan 2019
Arbitration Agreements Can Control Who Decides Arbitrability: Arbitrator Or Court
The Supreme Court held that, under the Federal Arbitration Act (FAA), courts must enforce arbitration contracts according to their terms, including provisions authorizing arbitrators
United States
16 Jan 2019
Delaware Court Uses Rarely Enforced Escape Clause To Allow Merger Termination
In a rare move, the Delaware Court of Chancery affirmed a buyer's contractual right to terminate a $4.75 billion merger based on a sudden and sustained decline in the seller's business.
United States
12 Oct 2018
McGill v. Citibank And Arbitration Agreements
McGill then petitioned to the California Supreme Court, which granted review of the Court of Appeal's order.
United States
11 Apr 2017
CFIUS Effectively Blocks German Acquisition Of U.S. Technology Company
This outcome underscores that CFIUS risk can exist in transactions involving buyers from countries that are closely allied to the United States.
9 Mar 2017
Recent Regulatory Obstacles And Potential Solutions For InsurTech Companies
On November 23, 2016, the Washington Insurance Commissioner ordered Zenefits to cease providing free access to software, following a nearly two-year investigation that began in February 2015 . . .
United States
15 Dec 2016
The Proposed Amendments To China's AUCL Commercial Bribery Provisions: Comments And Suggestions
Since the enactment of the Anti-Unfair Competition Law in 1993, China's economy has changed significantly.To better regulate the current market, a draft amendment to the AUCL...
14 Dec 2016
SEC Proposes Rule To Shorten Settlement Period From T+3 To T+2; Eliminates Requirement For Tandy Language
On September 28, 2016, the U.S. Securities and Exchange Commission (SEC) proposed an amendment to shorten the standard settlement cycle for broker-dealer securities transactions from T+3 to T+2.
United States
14 Oct 2016
The New York Attorney General's Crackdown On Non-Compete Agreements: What It Means For Companies
Recently, the NYAG has turned quite a few heads by entering into a new legal arena: challenging non-compete agreements between companies and their employees.
United States
6 Sep 2016
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