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Archive by tag: LLPReturn

Financial Daily Dose 6.10.2019 | Top Story: U.S. Reverses Course on Tariffs Set to Hit Mexican Goods Today

The White House announced on Friday that the US and Mexico reached a deal that it deemed sufficient to keep from levying the threatened 5% tariffs on Mexican goods that was set to take effect today. As details of that deal have emerged, however,...By: Robins Kaplan LLP
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Robins Kaplan LLP | Jun 10,2019 |

Preserving Privileged Communications in the Sale of a Portfolio Company—that Clause in the Back of the Agreement Can Actually Work

In Great Hill Equity Partners IV, LP v. SIG Growth Equity I, LLLP, 80 A.3d 155 (Del. Ch. 2013), the Delaware Court of Chancery held that the privilege existing with respect to communications between the target’s counsel and its officers, directors...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Jun 07,2019 |

“Natural” Complaint Barks Up the Wrong Tree

A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of glyphosate, an herbicide....By: Morrison & Foerster LLP - Class Dismissed
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Financial Daily Dose 6.7.2019 | Top Story: Markets Keep Eye on US Jobs Report

Jobs Report Friday again! Lots to look for in the numbers this month, especially considering the economic uncertainty that’s defined the past few weeks....By: Robins Kaplan LLP
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Robins Kaplan LLP | Jun 07,2019 |

New Sustainability Ordinances for Construction Enacted in Florida and Colorado Cities

The City of St. Petersburg, Florida is one of the latest municipalities to incorporate the concepts of sustainable construction, sometimes referred to as "green building", into the requirements of their municipal code. ...By: Saul Ewing Arnstein & Lehr LLP
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California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion

It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically, the higher-tiered party) from third-party...By: Wendel, Rosen, Black & Dean LLP
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Wendel, Rosen, Black & Dean LLP | Jun 07,2019 |

Delaware Chancery Court Provides Useful Guidance for Protecting Pre-Merger Privileges in Post-Closing Litigation Between Buyers and Sellers

In Shareholder Representative Services LLC v. RSI Holdco, LLC, No. 2018-0517-KSJM, 2019 WL 2290916 (Del. Ch. May 29, 2019), the Delaware Court of Chancery reaffirmed that a target company may protect its pre-merger privileged communications in a...By: Sheppard Mullin Richter & Hampton LLP
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Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor and refer the matter to...By: Bennett Jones LLP
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Bennett Jones LLP | Jun 06,2019 |

New York Court Holds Contractor’s Failure to Timely Pass Through Subcontractor Delay Claim to the Owner Constitutes Breach of the Covenant of Good Faith and Fair Dealing

Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) - In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a prime contract to build two sanitation garages in Brooklyn for the...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Jun 06,2019 |

Protecting Privileged Pre-merger Communications Through Contractual Provisions

In Shareholder Representative Services LLC v. RSI Holdco, LLC, the Delaware Court of Chancery held that the sellers of a target corporation retained the right to assert attorney-client privilege over pre-merger communications with the target...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Jun 06,2019 |
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