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Managing U.S.-Canada Cross-Border Litigation ( June 2005 )
All project planning involves the setting of defined goals, their scheduling and control. The difficulty with litigation, unlike any other commercial project, is the existence of an opponent who is seeking to defeat your plans at every step. As originally stated by Helmuth von Moltke "no plan of operations extends with certainty beyond the first encounter with the enemy's main strength." -
Lessons Learned: Enforceability of "Clickwrap" Agreements ( February 2003 )
In today's society, litigation is a cost of doing business. To control these costs, many e-Commerce companies add certain terms to their "Clickwrap" agreements, such as forum selection and mandatory arbitration provisions. In a matter of two days, courts at opposite ends of the country came to decidedly different conclusions over the enforceability of such provisions. -
An Oounce of Prevention . . . ( February 2001 )
Provides some common issues to consider before signing your next contract. -
Gun Distributor Misfires in Bid for Insurance Coverage ( December 2000 )
This alert reviews four decisions that discuss whether an insurer has a duty to defend a distributor of handguns under contracts for general liability insurance. The different conclusions reached in these cases demonstrate the importance of forum selection and choice of law. -
Incorporating Dispute Resolution by Use of Flow down Clause ( November 1999 )
Seemingly every contract in use in the construction industry today, especially as between a general contractor ("GC. -
Cruise Ship Liability; Rape and Injuries on the High Seas ( October 1999 )
The very same panoply of accidents that can occur on dry land can occur on cruise ships: slip and falls, falling . -
Choice of Forum in Franchise Agreements Still Subject of Debate ( August 1999 )
This article discusses the on-going problem of choosing a forum for franchise agreement suits. -
Forum Selection Clause Upheld ( August 1998 )
Phoenix Leasing, Inc. v. Kosinski, 47 Conn. App. 650, 707 A.2d 314 (1998). FORUM SELECTION CLAUSE UPHELD. Lessor o. -
Loan v. Lease and Forum Selection Clause ( August 1998 )
L. C. Williams Oil Co. v. NAFCO Capital Corp., 1998 WL 404194 (N. C. App. 7/21/98). LOAN v. LEASE AND FORUM SELECT.
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