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Attorney Steve Nudelman discusses a recent New Jersey appellate court decision in Lahoud v. Anthony & Sylvan Corp., which scrutinized an arbitration clause deemed one-sided in favor of the contractor.
Columnist Steven Nudelman highlights the importance of understanding arbitration as a binding dispute resolution method and the potential limitations on legal rights when accepting digital contracts.
It all depends on who the parties are, the purpose or circumstances of the clause, and the outcome of pending legal challenges to the FTC’s final rule.
Since April 23, when the Federal Trade Commission (FTC) announced its final rule regarding noncompete clauses, I have received numerous calls and emails asking if such clauses are no longer binding and effective.
Understanding waivers of subrogation and their effect on the contractor and subcontractor allows parties to construction contracts to better allocate their risk and negotiate the contract price. It is crucial to consult insurers before entering into such an agreement.
D.C. Circuit Court of Appeals holds non-commercial use of standards
incorporated by reference into law is fair use.
January 8, 2024
On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement.
When it comes to arbitration in a contract dispute, it is important to remember to read the contract. Courts give parties wide latitude to structure their own arbitration agreement. Parties may agree on arbitration as a method of dispute resolution, the specific rules to be followed and the scope.