Searching Content indexed under Contracts and Commercial Law by Proskauer Rose LLP ordered by Published Date Descending.
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Web Scraping Decisions Consider Contract Cause Of Action
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action
United States
18 Jul 2019
On The Mark: Understanding The Supreme Court's Latest Decision Regarding The Treatment Of Trademark Licenses In Chapter 11
In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee's right to use the debtor's trademark. This decision has important ramifications to parties to trademark licenses.
United States
24 Jun 2019
SEC Issues No-Action Relief Increasing Flexibility For Certain In-Person Director Voting Requirements
On February 28, 2019, the staff of the Division of Investment Management (the "Staff") of the Securities and Exchange Commission (the "SEC") issued a no-action letter.
United States
13 Mar 2019
Digital Currency App's Electronic User Agreement Held Enforceable
This case sheds further light on the do's and don'ts of online electronic contracting and the enforceability of app-based terms and conditions.
United States
7 Feb 2019
Notice Of Terms Via Buried Link Within A Post-Sale Email Unenforceable
In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service's motion to compel arbitration...
United States
5 Feb 2019
OFCCP Invites Contractors To Submit "Burning Questions"
Quick Hit: OFCCP is inviting contractor stakeholders, and their legal counsel, to submit "Burning Question[s]" to its Help Desk that the agency can answer in forthcoming Opinion Letters.
United States
31 Jan 2019
Regulation Round Up December 2018
The European Central Bank ("ECB") published a document setting out its cyber resilient oversign expectations for financial market infrastructures.
8 Jan 2019
The Proposed BEAT Regulations
On December 13, 2018, the Internal Revenue Service and the Department of the Treasury released proposed regulations with respect to the "base erosion and anti-abuse tax" under section 59A of the Internal Revenue Code.
United States
7 Jan 2019
United States
20 Dec 2018
UK's Regulators' Unprecedented Enforcement Action Relating To Land
Prior to 6 April 2011, land agreements were largely excluded from the application of the UK's competition rules.
14 Dec 2018
The Golden Rules: A Primer On California's New Professional Responsibility Rules
California overhauled its Rules of Professional Conduct effective November 1, 2018.
United States
10 Dec 2018
Employer's Representation Petition Not Barred By Existence Of Signed Contract, Divided NLRB Rules
A union, an employee or an employer can all file a representation petition with the NLRB.
United States
5 Dec 2018
OFCCP Issues Directive Announcing "Affirmative Action Program Verification Initiative"
OFCCP has issued a new Directive (Directive 2018-07), announcing its intention to develop an Affirmative Action Program Verification Initiative (the "Verification Initiative").
United States
5 Dec 2018
OFCCP Launches New Resource For Contractors
The Office of Federal Contract Compliance Programs ("OFCCP") has announced that it has launched a new resource for federal government contractors called the "Contracting Officer Corner."
United States
19 Sep 2018
Breaking News: OFCCP Issues New Directive Ordering Focused Compliance Evaluations
As we previously reported , Acting OFCCP Director Craig Leen, made news at the National Industry Liaison Group annual conference last week when he announced that OFCCP would begin focused reviews...
United States
21 Aug 2018
OFCCP Acting Director Leen Announces New Contractor Certification Program
At his closing remarks at the National Industry Liaison Group's 2018 annual conference, Acting OFCCP Director Craig Leen announced that the OFCCP is working on a contractor certification program.
United States
21 Aug 2018
New York State Court Declines To Compel Arbitration, Cites Purported Ambiguities In Mobile Contracting Process
Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed
United States
19 Jun 2018
Tackett Redux: Ordinary Principles Of Contract Interpretation Mean No Inference Of Vesting
In an opinion released yesterday, the Supreme Court reaffirmed that collective bargaining agreements (CBAs) must be interpreted according to "ordinary principles of contract law."
United States
26 Feb 2018
To Be Or Not To Be: Can Attorney's Fees Be Recovered On A Void Contract
In California, attorney's fees are usually recoverable by the prevailing party if provided for by statute or contract.
United States
24 Jan 2018
To Be Or Not To Be: Can Attorneys' Fees Be Recovered On A Void Contract
Surprisingly, you can, according to a recent California Court of Appeal case decided in December 2017.
United States
11 Jan 2018
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