A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Tag: law
The distinction between “representations” and “warranties” may be academic, as they both are promises about the truth of certain facts, but generally a representation is a promise about the present, and a warranty is a promise about the future. For example, a product seller may represent that they are not aware of any defects in a product, but they may warrant that, if defects are found, the seller will repair or replace the product in the future.
Read MoreDepositions instead are usually dull. If you're not asking or answering the questions, it can be easy to nod off. So to make movies of them necessarily requires some dramatic license.
Read MoreThe Singapore Courts deal with a high volume of all sorts of commercial disputes. The Singapore International Commercial Court specialises in international commercial disputes and streamlines complex cases with informed judges. The panel of judges in this court is populated by international judges sitting with local judges. Other areas can be just as focused, with the judges hearing cases within their domain expertise.
Read MoreDefendants in litigation often cite the statute of limitations to argue that the court should dismiss a claim because the plaintiff waited too long before asserting it. But applying time limits to claims is not always straightforward.
As we saw in the prior case, employment discrimination plaintiffs usually have a list of events about which they complain in litigation. While each of the events could support a discrimination clam, some of them may still be excluded from a lawsuit for being too distant if they are not tightly linked to actions within the time limit for filing a claim.
Read MoreParties can determine whether the CISG is helpful for them based on whether they prefer its terms over the ones found in another applicable law. But putting those substantive differences aside, I believe that there is a significant benefit to the CISG, and a significant drawback.
Read MoreSome Antitrust conduct is illegal “per se,” which means it is always illegal. Agreeing to fix prices or refusing to sell to certain consumers fits this definition. But other conduct can still violate the law. Courts apply what they call the “rule of reason” to determine whether the defendants conduct is so unreasonably anticompetitive, given the particular circumstances, that it violates the law.
Read MoreUnlike common-law systems where paying the other party’s legal fees helps limit unnecessary litigation, each party pays its own legal fees in Uruguay. There are two exceptions: judgment enforcements and egregious behavior.
Read MoreDefamation claims can be difficult to prove. This is because the law protects statements of opinion from litigation, and a qualified privilege often applies that shields statements from liability unless the plaintiff can establish the defendant made the statement maliciously. These legal shields do not prevent the cost and burden of litigation altogether.
Read MoreEven though I still do not know for sure what will happen in any given case, clients pay lawyers, in part, for our guidance. So it is not enough to just tell a client that I have no idea how their case will go. Part of the work of a litigator is to tell the client about our past experiences and their case’s possible outcomes. This includes discussing the likelihood of each outcome. This conversation grounds the client in reality, while at the same time acknowledging that we face unpredictability.
Read MoreAt the conclusion of bankruptcy proceedings, the bankruptcy court can release her from her debts and contract claims. Creditors, however, may challenge some debts as being non-dischargeable, arguing that the debt should continue, even after the debtor declares bankruptcy. Student loan debts, for example, are usually non-dischargeable, as are debts arising from the debtor’s own fraudulent conduct.
Read MoreAn advantage of the courts in Hong Kong is that they maintain strong judicial independence. On the other hand, there is a high risk and cost of litigation, and it can take three to four years to get to trial.
Read MoreSince litigation is burdensome and expensive, parties can make agreements to limit their own exposure to a lawsuit. Courts will enforce “no action” clauses, putting obstacles to the commencement of a lawsuit, even when they protect non-parties to the agreement.
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