"Duke Rules Package" Implementation: Revisions to the Federal Rules of Civil Procedure Four Months Later

Last year, we published a four-part series about the so-called “Duke Rules Package”—a set of proposed amendments to the Federal Rules of Civil Procedure developed during the 2010 Federal Rules Advisory Committee meeting held at Duke University. Those amendments, appropriately, have been nicknamed the “Duke Rules.” The Supreme Court adopted most of the “Duke Rules” effective December 1, 2015.

·

Contractors: To Waive Or Not To Waive Consequential Damages?

A waiver of consequential damages is contained in many construction contracts. The American Institute of Architects, for example, has included a mutual waiver of consequential damages between the owner and contractor since at least 1997 and continues to do so today. (See, e.g., AIA A201-2007, at § 15.1.6). But what does such a waiver mean and is it a good thing for contractors to give up a right to recover consequential damages?

·

Why Detail is Important in a Letter of Intent for a Commercial Lease

Letters of Intent (LOIs) are typically non-binding and set out the "basic terms" that will be contained in a lease document once the parties agree to the contents of the LOI. However, once the LOI is signed, there is usually an affirmative obligation to move to the next stage, i.e., lease negotiation.

·