Contracts and Commercial Litigation Category Archives

FTC’s Proposed Ban on Non-competes Would Preempt Washington State Law

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how Washington courts evaluate the reasonableness of a noncompete agreement to determine its enforceability [here]. A recently proposed rule by the Federal Trade Commission would upend this Washington law.[1] Under ...

In prior blog posts we examined Washington law on noncompete agreements: the current statutory scheme that curtails the use of noncompete agreements in certain contexts [here] and [here], and how ...

Division III Warns Potential Defendants: Denying a Clearly Valid Claim Could Mean You Owe Attorney’s Fees if You Get Sued

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea that it promotes access to the courts: potential litigants may be discouraged from pursuing their claims if losing would mean they had to pay the other side’s attorney’s fees. ...

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea ...

Update on Baseball’s Antitrust Exemption

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by four of the minor league baseball clubs which lost their MLB affiliation in the recent shakeup of the minor leagues' organization.  See the complaint here.  Antitrust expertise has long ...

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by ...

When is a Pandemic a Force Majeure? Part One of Two

In a prior post, this blog explored a range of defenses to contract claims brought in the wake of nonperformance caused by the ongoing novel coronavirus (COVID-19) pandemic.  This post examines one such defense in detail—the force majeure defense—and how the unique circumstances of the pandemic may impact attempts to assert or defeat such a defense. So-called “force majeure” ...

In a prior post, this blog explored a range of defenses to contract claims brought in the wake of nonperformance caused by the ongoing novel coronavirus (COVID-19) pandemic.  This post ...

Baseball Tries An Old Saw: “Let’s not compete on wages….”

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft of amateur players, usually either high school seniors or college juniors, from 40 rounds to 5.  See https://www.cbssports.com/mlb/news/mlb-agrees-to-reduce-2020-draft-to-five-rounds-with-unlimited-undrafted-signings-for-20k-reports-say/. Eliminating part or all of Baseball’s amateur draft is one thing, ...

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft ...

A Force Majeure Clause is not the Only Defense when COVID-19 Interferes with Performance

The impact of the novel coronavirus disease 2019 (COVID-19) has been felt across all industries.  Government-ordered shutdowns of non-essential work closed many businesses.  Those that continue (and perhaps even grow) nonetheless suffer from COVID-19 related disruptions.  As a result, many companies and individuals are struggling or unable to fulfill their contractual obligations. Lawyers have written extensively about the force ...

The impact of the novel coronavirus disease 2019 (COVID-19) has been felt across all industries.  Government-ordered shutdowns of non-essential work closed many businesses.  Those that continue (and perhaps even grow) ...

The Western District of Washington’s Revised ESI Model Order: One Size Does not Fit All

The U.S. District Court for the Western District of Washington has revised its Local Civil Rules effective January 1, 2020.  The changes to the rules themselves are modest; perhaps more important to the Western District bar are the changes to the District’s Model Agreement Regarding Discovery of Electronically Stored Information and Proposed Order (the “Model Order”).  In many federal ...

The U.S. District Court for the Western District of Washington has revised its Local Civil Rules effective January 1, 2020.  The changes to the rules themselves are modest; perhaps more ...

Liquidated Damages Clauses – Are they worth it?

Ordinarily, in a dispute over the breach or performance of a contract where the aggrieved party is seeking a monetary award as compensation, the measure of those damages is the party’s “actual damages.”  Actual damages are just that—the measure of the aggrieved party’s actual loss, measured as the difference between the current circumstances and the circumstances that would have ...

Ordinarily, in a dispute over the breach or performance of a contract where the aggrieved party is seeking a monetary award as compensation, the measure of those damages is the ...