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Texas Supreme court in Rachal v. Reitz, arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees settlor determines conditions attached her gifts mutual assent can be satisfied by theory of direct benefits estoppel AAA Rules ....
The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a beneficiary sued a. ....
On March 31, 2022, in Airbnb, Inc. v. Doe, the Florida Supreme Court aligned itself with nearly every federal circuit1 in holding that a “clickwrap” agreement that incorporates. ....
COVID-19’s Impact on M&A Transactions and Material Adverse Effect Clauses The COVID-19 pandemic has given rise to many M&A-related disputes. By some estimates, over 3,000 commercial cases were filed in U.S. federal courts alone as a result of the COVID-19 crisis. This figure does not account for numerous COVID-related disputes that were filed in U.S. state courts. Given that many transactions involving Latin American parties incorporate New York law or are based on provisions developed under New York law, these decisions may be of particular interest to companies doing business in Latin America. In a number of the cases, the dispute turns on a provision common to M&A transactions, namely the material adverse event or effect (MAE) clause (sometimes referred to as the material adverse change (MAC) clause). An MAE/MAC clause, subject to its specific terms, may excuse a buyer from its obligation to close where the seller experiences a significant change in condition after si ....