A recent Maryland Supreme Court ruling underscores a risk that lenders and contract purchasers often overlook: not every term in a multi-document transaction automatically carries over to an assignee, even when it feels like it should. Lyles v. Santander Consumer USA Inc., 2025 WL 3274817 (Md. 2025) For businesses that regularly buy contracts or loan […]
When Assignment Language Cuts Off Arbitration Rights Read More »
How Can the Wording of Assignment and Integration Clauses Determine Which Rights an Assignee Actually Receives? Lyles v. Santander Consumer USA Inc., 2025 WL 3274817 (Md. 2025) For businesses that regularly buy contracts or loan portfolios, a recent Maryland Supreme Court decision is a reminder that companies cannot assume every term in the dealer’s paperwork
Lessons from a Contract Assignment Gone Wrong Read More »
A Maryland court reinforced how careful deal process, documentation, and stockholder approval can shield directors from post-closing litigation. Special Situations Fund III QP, L.P. v. TravelCenters of America Inc., 2025 WL 3280907 (Md. Ct. App. 2025) When a public company agrees to be sold, its board still must navigate competing bids, deal protections, and stockholder
A Higher Price Isn’t Always the Best Deal Read More »
The clash in Colorado Custom Rock Corp. v. G&C Fab-Con, LLC, reveals how blurred expectations and unfinished paperwork can turn routine government projects into courtroom battles. In a dispute over unpaid work on a federal construction project, the U.S. Third Circuit Court of Appeals affirmed the district court’s rulings denying motions made before, during, and
When Payment Disputes Go Federal: Lessons from a Miller Act Showdown Read More »
A recent Fifth Circuit decision in Sims Agency, LLC v. GEICO underscores a hard truth for commission-based professionals. Courts will enforce the plain text of your contract, and nothing more. This Fifth Circuit decision reminds insurance agents and any commission-based professionals that post-termination compensation must be spelled out in writing. Sims Agency, a captive GEICO
When the Contract Ends, So Do the Commissions Read More »