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Member Articles


MA Court Upholds Enforceability of No-Contest Clauses in Wills and Trusts

Capobianco v. Dischino, 98 Mass. App. Ct. 1101 (July 9, 2020)In a recent Massachusetts Appeals Court decision, Capobianco v. Dischino, 98 Mass. App. Ct. 1101 (July 9, 2020), the Court upheld the enforceability of no-co ...

How an Asymmetric Jurisdiction Clause May Affect Enforcement in Mainland China

A New Take by the Hong Kong Court An asymmetric jurisdiction clause ("AJC") is a jurisdiction clause that allows one party to commence proceedings over disputes arising from the underlying contract against the other con ...

Discretion to Exclude Bidders Lawful

Author: Tom Beard The exercise of a contracting authority's discretion to exclude several bidders in a rail franchise procurement was proved to be lawful as we take a look at a recent judgment. ...

Land Use Litigation Statute of Limitations Tolling Period to End on August 3, 2020

Originally posted to Unfamiliar Terrain Author: Caroline Chase On May 29, 2020, the Judicial Council of California amended Rule No. 9 of its COVID-19 emergency regulations to add certainty and to shorten the tolling pe ...

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