Searching Content indexed under Contracts and Commercial Law by K&L Gates ordered by Published Date Descending.
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Chancery Court Dismisses Breach Of Contract Claim Due To Plaintiff's Failure To Proffer A Reasonable Construction Of Merger Agreement Provision
In Fortis Advisors LLC v. Shire US Holdings, Inc., No. 12147-VCS (Del. Ch. Aug. 9, 2017), the plaintiff, Fortis Advisors LLC, which was acting as representative (the "Representative") for the former stockholders...
United States
28 Sep 2017
Chancery Court Holds That Express Merger Provisions Prevail Over Alleged Extra-Contractual Misrepresentations
In Sparton Corporation v. Joseph F. O'Neil et al., the Delaware Court of Chancery granted the defendants' motion to dismiss in its entirety because the plaintiff failed to state a claim for fraud and breach of contract.
United States
28 Sep 2017
Unfair Contract Terms In Small Business Contracts: ACCC Takes Its First Court Action Against JJ Richards
The case studies detailed in the report provide useful insights into the types of terms that may be considered likely to be unfair by the ACCC.
United States
20 Sep 2017
Japan's Competition Regulator Questions Lng Destination Clauses
The Japan Fair Trade Commission ("JFTC"), Japan's competition regulator, recently published results of an investigation into destination restrictions in liquefied natural gas ("LNG") supply contracts.
18 Sep 2017
A Game-Changer For Industrial And Commercial Leasing? 'Business-To-Business' Services And The 'Ultimate Consumer' Test
A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria.
7 Sep 2017
Exclusive: Disaster Season Preparedness
When your company does not have the financial resources to survive a shutdown or restoration period, insurance can help. But filing a sophisticated commercial insurance claim can be complicated.
United States
4 Sep 2017
Guidance For Policyholders In The Claims Context: The Insurer's Duty To Speak
It is widely recognised that insurers are not under a general duty to warn policyholders about the need to comply with policy conditions during the claims process.
4 Sep 2017
Blockchain Successfully Used In Commercial Leasing Transaction
After years of research and development, ANZ and Westpac have succeeded in utilising blockchain technology for bank guarantees in a commercial leasing transaction.
2 Aug 2017
Lack Of "Meaningful" Communication With Opposing Counsel, Client Results In "Overly Complex" And Burdensome Agreement; Partial Costs Shifted
The court instructed counsel in this case to meet to reach an agreement on the method by which ESI would be produced.
United States
27 Jul 2017
Court Of Chancery Denies Motion To Dismiss Claim Alleging That General Partner Breached Contractual Duty Of Good Faith
In Morris vs. Spectra Energy Partners (DE) GP, LP, the Court of Chancery of the State of Delaware found that a limited partner adequately pled that the general partner of a master limited partnership...
United States
25 Jul 2017
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