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Pennsylvania Supreme Court Strikes Down No-Hire Agreement - Anti-trust/Competition Law

In Pittsburgh Logistics Sys, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, 2021 Pa. LEXIS 1853 (Apr. 29, 2021), the Pennsylvania s Supreme Court concluded that a no-hire provision in an agreement between two companies was not per se unlawful; however, the Court ultimately concluded that this particular restriction was unenforceable as an unreasonable restraint on trade because it was too broad and because it would harm parties not to the contract. No-Hire Provision The dispute centered on a contract between Pittsburgh Logistics Systems, Inc. (PLS), a logistics provider that arranges for the shipping of its customers freight, and Beemac Trucking (Beemac), a shipping company that did non-exclusive business with

Don t Be Cruel: Appellate Division Upholds Waiver Of Fiduciary Duties But Denies Motion To Dismiss Claim For Breach Of Good Faith And Fair Dealing - Real Estate and Construction

Can contracting parties waive all common law fiduciary duties? That was one of the questions presented to the New York Supreme Court, Appellate Division, First Department (the "Court") in 111 West 57th Investment LLC.

What Type Of Fax Is A TCPA Advertisement? - Media, Telecoms, IT, Entertainment

The Telephone Consumer Protection Act ("TCPA") prohibits the sending of unsolicited commercial fax advertisements. Pursuant to the TCPA, companies cannot send advertisements via telecopier without a .

Albany Commercial Division Looks Beyond

To print this article, all you need is to be registered or login on Mondaq.com. Mac Parent LLC v. North American Elite Insurance Company, Index No. 906489/2020, Supreme Court, Albany County On March 29, 2021, Justice Richard J. Platkin, of the Albany County Commercial Division, dismissed an insurance coverage dispute pursuant to CPLR § 3211(a)(4) due to another action that was pending in New York County, making clear that New York courts do not tolerate forum-shopping in the face of clear forum selection clauses.   Mac Parent LLC v. North American Elite Insurance Company, 2021 NY Slip Op 50268(U) (Sup. Ct. Albany Cnty 2021). Plaintiff Mac Parent LLC ( Mac Parent ) filed its case

Contract Allocations And Judicial Doctrines - Tax

District Court: Cotto-Vázquez v. United States Facts: Cotto, a highly decorated professional boxer, entered into eight contracts with Top Rank Inc. for eight boxing matches with varying purses for each match. The revenues from the boxing matches were generated as follows: 1) gate revenues, 2) foreign television, 3) domestic television fees and 4) advertising and sponsorship revenues. In general, Cotto was to be compensated for training for the boxing matches, the matches themselves, and for current rights to his likeness and image as to the matches and future rights to rebroadcast the matches. Per the contracts, if any of the boxing matches were canceled, Top Rank was

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