Business and Legal Insights

Since the work was two thirds complete at the time of termination, your thought is to take two thirds of the entire contract amount, subtract out payments received to date, and present this figure as your recoverable damages. Is this approach, which is known as the percentage of completion method, the correct one?Read More

A foreclosure judgment, followed by sale of the mortgaged property, doesn’t necessarily end a foreclosure case. If the sale proceeds are insufficient to fully pay the debt, the next step is a money judgment against the borrower for the difference (a “deficiency judgment”).Read More

The U.S. Department of Labor has reported that about 40% of the U.S. private sector workforce does not have the benefit of paid time off for care of their own illnesses or those of family members. This pressure on working families was the impetus for the Executive Order signed by President Obama in September 2016, which was...Read More

On remand from the Supreme Court, the Federal Circuit has declined to craft a test for calculating design patent damages when the patent-in-suit covers only a component of a larger product. Instead, it has been left to the Northern District of California to sort out the issue and hold a new trial, if necessary.Read More

What do you do when you’re sued for having a property alleged to be out of compliance with the Americans with Disabilities Act?Read More

With forum selection clauses, “shall” doesn’t always mean “shall.” If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive.Read More

The Fourth DCA recently ruled that liens recorded after a lis pendens, but prior to a foreclosure sale, are discharged.Read More

Could a party end up litigating related claims in two separate forums if not all parties are bound by a forum-selection clause? To ensure efficiency and avoid inconsistent verdicts, all intertwined claims should be litigated together in the same forum, writes Sarah D. Rodriguez.Read More

Attorney Jennifer Sommerville explains why appellate attorney practitioners need to be careful when drafting any order determining that a party is not entitled to statutory immunity. The words "as a matter of law," can make all the difference.Read More

Mechanics’ liens are a great tool available to contractors, subcontractors, suppliers, and laborers to ensure payment for work, materials and/or services provided. However, filing a fraudulent lien has costly consequences, including jail time.Read More