Searching Content indexed under Contracts and Commercial Law by Troutman Sanders LLP ordered by Published Date Descending.
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Solving The Mystery Of Contracting By Hyperlink
Remote contracting with customers through the internet is either the current reality or the aspirational goal for many businesses.
United States
21 Nov 2018
Delaware Enforces Full Waiver Of Fiduciary Duties
Limited liability companies ("LLCs") in Delaware and most other states have the option to specify in their operating agreements that their managers owe no fiduciary duties to other members or the company.
United States
16 Nov 2018
California Strikes Again, Imposing Cost Disclosure Requirements For Small Business Loans
Non-bank lenders to small businesses need to be on alert after Governor Brown signed California Senate Bill 1235 into law on September 30, 2018.
United States
5 Oct 2018
Is Returning The Money Enough To Rescind An NDA?
Associate Evan Gibbs' latest column for Above the Law explores the question, "Is Returning The Money Enough To Rescind An NDA?"
United States
10 Apr 2018
FERC Conditionally Accepts PJM Tariff Amendments Related To Pseudo-Ties And Dynamic Schedules
On February 5, 2018, FERC conditionally accepted a proposal by the PJM Interconnection, L.L.C. ("PJM") to amend its Open Access Transmission Tariff ("OATT") ...
United States
15 Feb 2018
CFPB Removes Ban On Arbitration Agreements From CFR Following Congressional And Presidential Disapproval Of Rule
As anticipated, the Consumer Financial Protection Bureau has officially removed from publication a rule that would have prohibited arbitration agreements in certain consumer contracts.
United States
30 Nov 2017
D.C. Circuit Upholds FERC's Interpretation in TANC/PG&E Contract Dispute
The Operation Agreement coordinates the operation of three transmission lines, collectively referred to as the "California-Oregon Intertie," ...
United States
15 Jun 2017
New Leverage In The Federal Marketplace For Commercial Item And Commercial Systems Contractors
In the David and Goliath fights between large legacy government contractors with custom built systems and commercial system providers with off the shelf, or near off the shelf, solutions...
United States
11 Jan 2017
UK Insurance Act 2015 In Force
The Insurance Act 2015 (the "Act") has come into force on 12 August 2016, marking the most significant reform of the UK insurance law.
30 Sep 2016
We Just Made Peace, Let's Address The Next War: Taking Some Care To Get Dispute Resolution That Works For You
The dispute resolution clause is the red-haired stepchild of contracts. It took months to negotiate this deal. We argued over every dollar, every obligation, every comma.
United States
1 Sep 2016
FERC Declines To Exercise Primary Jurisdiction Over Interconnection Dispute
In Arkansas Louisiana Gas Co. v. Hall, commonly referred to as "Arkla," FERC articulated a three-part test for asserting primary jurisdiction over contractual disputes.
United States
7 Jul 2016
FTC's Confusing Attempt To Comply With The E-Warranty Act
The Magnuson-Moss Warranty Act of 1975 imposes specific obligations on suppliers (in practice, almost always manufacturers) who provide written warranties on consumer products.
United States
30 Jun 2016
FTC Proposes Rules To Enforce The E-Warranty Act Of 2015
The Federal Trade Commission has released for comment, proposed amendments to the FTC's rules under the 1975 Maguson-Moss Warranty Act, as required by the E-Warranty Act of 2015.
United States
6 Jun 2016
CFPB Attempts To Sound Death Knell For Consumer Class Action Waivers Used By Financial Institutions
On May 5, 2016, the CFPB announced proposed rules that would further restrict the ability of financial institutions to enter into mandatory arbitration clauses with consumers, including an outright ban on provisions...
United States
12 May 2016
Old Rules; New Facts – Disruption In The Mid-Stream Gathering And Processing Space
While the facts leading to rejection are by now familiar to many, some background bears repeating.
United States
21 Mar 2016
Fifth Circuit Rejects Borrower's Wrongful Foreclosure Claims
In a recent published opinion, the United States Court of Appeals for the Fifth Circuit rejected a borrower's claims for breach of contract, negligence, wrongful foreclosure, and violations of the Texas Deceptive Trade Practices Act.
United States
9 Mar 2016
New Supreme Court Arbitration Decision Foreshadows Confrontation With CFPB
The Supreme Court's latest arbitration decision is but the latest in a long line of decisions enforcing the strong federal policy enforcing arbitration clauses in consumer contracts.
United States
30 Dec 2015
UVA's Claim For Breach Of A Patent License Is Sent Back To Arbitration
A recent decision by Judge Glen Conrad of the Western District of Virginia is a reminder of how difficult it is to overcome an arbitration clause in a patent license.
United States
23 Oct 2015
News On E-Warranty Bill And "Made In USA" Claims
This will not affect the obligation of a manufacturer to make the terms available for pre-sale inspection at any brick and mortar store, during any in-home sale, or in any catalog offering the product.
United States
23 Sep 2015
Florida Court Holds Substantial Compliance Is Sufficient For 30-Day Notice Of Default
A Florida state court has weighed in on whether strict or substantial compliance is required when providing borrowers with a notice of default.
United States
8 Sep 2015
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