When drafting a contract, aim to avoid court but prepare as if litigation is inevitable. In commercial transactions and disputes, the crux of a case often hinges on the details of the agreements. The following are common contractual conundrums and practice tips for addressing them. We hope this article will help you in understanding the...

If you are handling or investigating a subrogation suit against the government, let this be another reminder of the importance of notice. A U.S. District Court Judge, sitting in Alaska, recently shot down the government’s motion to dismiss a subrogation lawsuit based upon perceived inadequacies in the notice of claim. The subrogation case originated from...

It is not unusual to face a situation where a product implicated in a loss is manufactured by a foreign defendant. Typically, the product has been manufactured in another country and distributed by a domestic company or otherwise sold by a domestic retailer. In such situations there can be a reluctance to pursue the foreign...

Courts may be willing to exercise jurisdiction over a foreign entity in a civil action based solely on a website that solicits sales throughout the United States without specifically targeting one state or its residents. Recently, a trial court denied a motion to dismiss by foreign entity defendant despite the fact that the foreign entity...