Contracts

Winning

In the age of Trump, it’s not surprising that we are using Trump’s own criteria of winning, instead of even paying lip service to the values of finding common ground and serving democracy. 

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Conflict Profiteers

One can distinguish passive war profiteers from active war profiteers. While passive war profiteers make profits from war, they do not influence the duration and outcome of a war or the way it is waged. Active war profiteers, on the other hand, are in a position to start and prolong a war in order to increase their own profits.

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Post-Holiday Advice

As consumers head back to retailers after the holidays armed with returns, gift cards and products that just don’t work, Attorney General Douglas F. Gansler is offering some tips and advice that are in place to protect Marylanders, which will serve you well now and in the new year.

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Judge Orders Mediation for Macy’s, Martha Stewart


After third week in a trial over whether Macy’s has the exclusive rights to sell certain Martha Stewart-branded merchandise, Macy’s Inc. and J.C. Penney Co. and Martha Stewart Living Omnimedia Inc. have been ordered to mediation by New York State Supreme Court Judge. Mediation will hopefully resolve the contractual dispute concerning the partnership over the Martha Stewart brand.

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Court Dismisses Lance Armstrong Lawsuit Against USADA


The U.S. District Court for the Western District of Texas, Austin Division, held that Lance Armstrong agreed to arbitrate at least some of his claims. The court found that Armstrong agreed to abide by USA Cycling’s rules and those rules incorporate the USADA Protocol, which requires athletes to contest doping sanctions through arbitration. In addition, the court, citing R-7 of the Supplementary Procedures, concluded that “Armstrong clearly and unmistakably agreed to arbitrate the question of arbitrability.”

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Small Businesses Need ADR Clauses, Too


An Australian federal government survey shows that small businesses there are likely to turn to lawyers before cheaper alternatives, and are then dropping serious disputes because of the higher cost. The trend is not dissimilar from that of the United States. In this article, president of the Institute of Arbitrators and Mediators Rowena McNally discusses how small businesses can adjust their business operations and conflicts to allow for more efficient and cost-effective handling of disputes.

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Second Thoughts on Signing Settlement Agreements

Is a settlement agreement signed by less than all parties at the conclusion of a mediation enforceable? Every once in awhile, this question arises because one of the parties has attended by telephone and is not near a fax machine or other means of communication to sign the agreement and send it back. Up until now, I have been under the impression that all parties must sign for it to be enforceable.

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Disclose Disclose, Disclose

A condo seller who discloses a defect in the property may nevertheless be required to also disclose previous lawsuits regarding that defect. That was the decision recently rendered on February 17, 2009 in the California appellate court case of Calemine v. Samuelson (2009 WL 368648).

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