Searching Content indexed under Contracts and Commercial Law by Holland & Knight ordered by Published Date Descending.
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Defining The Limits Of Arbitral Authority - When Arbitration Awards Rewrite Commercial Contracts Instead Of Interpreting Them
"We have become an arbitration nation," said the U.S. Court of Appeals for the Ninth Circuit earlier this year, "an increasing number of private disputes are resolved not by court, but by arbitrators."
United States
13 Jun 2019
2019 NDAA Analysis: Commercial Item Contracting
The 2019 NDAA contains several provisions reforming commercial item contracting.
United States
7 Mar 2019
Remote E-Notarization: Are New Jersey And Pennsylvania About To Join The Club?
Over the last several years, a number of states have authorized notaries to perform remote online notarizations by which a notary public may acknowledge the signature or the act of an individual...
United States
20 Feb 2019
White House Issues Executive Order Expanding "Buy American" Program
Directs Agencies to Promote Use of Domestic Materials in all Federally Funded Infrastructure Projects
United States
13 Feb 2019
Injunctive Relief Denied In Trade Secret Theft Case
Chief Judge Frank P. Geraci, of the Western District of New York, recently denied a temporary restraining order and preliminary injunction sought by irth Solutions, LLC to protect the "unique combination" trade secret...
United States
12 Feb 2019
Imprecise Software License Terms Leads To New York Litigation
The ambiguity of termination provision of a software license is often disputed. Imprecise wording, including for hypothetical damages due upon breach often triggers expensive litigation centered on only a few words in a license.
United States
31 Jan 2019
2019 NDAA Analysis: Changes Affecting Small Businesses And The SBIR Program
This is the first blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on August 13, 2018.
United States
28 Jan 2019
FMC Commissioner Issues Final Report For Fact Finding 28
On March 5, 2018, the Federal Maritime Commission directed Commissioner Rebecca F. Dye to initiate a fact finding investigation (Fact Finding 28) into demurrage and detention practices at U.S. ports.
United States
14 Dec 2018
DoD Issues A Limitations On Subcontracting Class Deviation; FAR Revisions Proposed
More than five years after Congress directed the Executive Branch to change the way small business contract performance requirements are calculated, the U.S.
United States
10 Dec 2018
Whether The "Economic Loss Rule" Applies To DTSA Claims
A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach...
United States
14 Nov 2018
Buying An Aircraft And Novation Of A Lease In Jordan – Not For The Fainthearted!
Holland & Knight recently advised a client in connection with the purchase of an Airbus A320-200 aircraft registered in Jordan.
9 Nov 2018
DOT Publishes Long-Awaited Final Rule On Air Charter Brokers
On Sept. 17, 2018, the U.S. Department of Transportation (DOT) completed its rulemaking on air charter brokers, after it had been pending for five years.
United States
8 Oct 2018
Potentially Unconscionable Warranty Precludes Licensor's Motion To Dismiss
The warranty is among the most essential terms of a software license, as the provision often concerns the functionality and capability of the software.
United States
5 Oct 2018
Calif. Supreme Court Breaks New Ground On Arbitrability, Future Waivers And Quantum Meruit
After J-M Manufacturing Co. (J-M) parted company with prior counsel, it hired the Sheppard Mullin firm to defend it in federal qui tam litigation brought on behalf of a number of entities.
United States
12 Sep 2018
CBCA Issues New Rules Of Procedures
On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept.17, 2018
United States
30 Aug 2018
New York City Bar Opinion On Commercial Litigation Funding Raises Concerns
The New York City Bar Association's Professional Ethics Committee recently issued advisory (i.e., not legally binding) Opinion 2018-5 (Opinion) ...
United States
28 Aug 2018
Software Deliverables And Damage Provisions Must Be In Agreement
A treatise on "The Language of the Law" introduced its approach to contract law with the following maxim: "The law is a profession of words."
United States
26 Mar 2018
Court Dismisses Claims Against Airline For Missing Jewelry From Checked Baggage On Domestic Flight
In Hekmat v. U.S. Transp. Sec. Admin.,1 the court granted JetBlue Airways' motion to dismiss plaintiffs' claims for bailment, negligence, failure to supervise, and breach of contract arising from...
United States
24 Jul 2017
West Coast Real Estate Update: June 20, 2017
San Jose is the largest city in California's Silicon Valley, yet some of the tech industry's largest employers maintain their biggest offices elsewhere.
United States
28 Jun 2017
IRS Expands Management Contract Guidelines For Projects Financed With Tax-Exempt Bonds
The Internal Revenue Service (IRS) earlier this year released Rev. Proc. 2017-13 (the Guidelines)...
United States
11 May 2017
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