In Mitek Systems, Inc. v. U.S. Services Automobile Association, a Delaware federal court has held that a forum-selection clause in a licensing agreement does not prevent a court in a non-selected forum from resolving disputes concerning that agreement. The forum-selection clause at issue stated that a court of competent jurisdiction... Read More »
May
20
May
20
In Preferred Systems Solutions, Inc. v. GP Consulting, LLC, Virginia Supreme Court has enforced a covenant not to compete in the context of a federal government contract. The contract at issue was a blanket purchase agreement, or “BPA,” under which each of ten information technology companies agreed to provide system... Read More »
May
20
In Campusano v. Lusitano Construction LLC, the Court of Special Appeals has held that that a “four-factor economic reality test for ‘control’” governs whether a corporate officer can be held personally liable for a company’s failure to pay wages in accordance with Maryland’s Wage Payment and Collection Law. (more…)
May
20
In Falls v. 1CI, Inc., the Court of Special Appeals has held that a company’s former CEO is required to arbitrate his claim that the company violated Maryland’s Wage Payment and Collection Law by failing to pay him a bonus. The CEO’s employment agreement stated that “any dispute, claim, or... Read More »
May
20
In CR-RSC Tower I, LLC v. RSC Tower I, LLC, Maryland’s Court of Special Appeals has held that certain defendant landowners were not entitled, as part of an effort to minimize the damages awarded against them at trial of a lawsuit stemming from their breach of a land development contract,... Read More »
Feb
22
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Dec
19
In Lumbermens Mutual Casualty v. United States, the Court of Federal Claims entered a substantial judgment in favor of a performance and payment bond surety for impairment of collateral and improper withholding of contract funds. Lumbermens issued Miller Act performance and payment bonds on behalf of its principal, Landmark Construction... Read More »
Aug
18
Published in the Maryland Bar Journal Volume XLIII, Number 4, July/August, 2010. Imagine your client, a United States based engineering company, asking you to draft documents for a joint venture with a Swedish domiciled construction company and a German based fertilizer manufacturer for the construction of a processing plant in Costa... Read More »
May
20
In order to prove a claim of legal malpractice, a plaintiff, no differently than in other cases alleging negligence, must prove the existence of a duty, breach of that duty, and proximately caused damages. These are fundamentally state tort law issues. In legal malpractice cases, the causation element normally requires... Read More »
May
19
A reverse mortgage or Home Equity Conversion Mortgage (HECM) is not new, but it is something that you may have heard much more about recently. It is a mechanism that enables senior homeowners to convert a portion of the equity that they have in their home without having to sell... Read More »