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The Implied Covenant of Good Faith and Fair Dealing

The Implied Covenant of Good Faith and Fair Dealing

Sometimes, a breach of contract claim is not enough, especially when presented with a bad faith scheme to undermine the deal which founded the contract.  In the recent decision in Healthy Lifestyle Brands, LLC v. Env't Working Grp., No. 20 CIV. 1098 (ER), 2021 WL 4459458, at *1...

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Waiving the Right to Terminate a Contract

Waiving the Right to Terminate a Contract

Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract. This sort of bad...

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Why You Should Be Careful Signing a Release of Claims

Why You Should Be Careful Signing a Release of Claims

When parties are ending a business arrangement, it is common for one side to be asked to sign a release of all present and future claims against the other party. Such releases are contracts and challenging them is always an uphill battle, even where a party is asserting fraud in the...

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