A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean

Stephen M. Orlofsky and Deborah Greenspan

A recent decision by the United States Court of Appeals for the Third Circuit reminds us that when we want an arbitration clause to apply in certain situations or to certain parties, we have to build that intention into the plain terms of the contract.  In White v. Sunoco, Inc., — F.3d —, No. 16-2808, 2017 WL 3864616 (3d Cir. Dec. 5, 2017), Sunoco promoted the “Sunoco Awards Program,” under which customers who used a Citibank-issued “Sunoco Rewards Card” credit card were supposed to receive a 5-cent per gallon discount on gasoline purchased at Sunoco gas stations. The promotional materials included a document entitled “Terms and Conditions of Offer,” which indicated that Citibank issued the Sunoco Rewards Card and applicants had to meet Citibank’s creditworthiness criteria to obtain the credit card. Continue reading “A Lesson from the Third Circuit on Arbitration Clauses: Say What You Mean”

Successful Federal Court Practice

Blank Rome Partner David C. Kistler will be a panelist at the New Jersey Institute for Continuing Legal Education’s “Successful Federal Court Practice” program on Wednesday, October 11, 2017, from 9:00 a.m. to 1:00 p.m. EDT, at the New Jersey Law Center in New Brunswick, NJ. Continue reading “Successful Federal Court Practice”

Accused of Accepting Lavish Trips and Gifts, Sen. Menendez Goes on Trial

New Jersey’s senior senator, Bob Menendez, is facing a dozen counts of bribery, conspiracy, and fraud charges in a corruption probe involving one of his close friends. The Democrat’s trial begins Wednesday in federal court.

Prosecutors at the Justice Department accuse Menendez of accepting lavish gifts in exchange for using his political influence to help friend and Florida eye doctor Salomon Melgen. Continue reading “Accused of Accepting Lavish Trips and Gifts, Sen. Menendez Goes on Trial”

Blank Rome’s Judge Orlofsky Provides Keynote Address at the Rutgers Law Dean’s Reception and Welcome Ceremony

On Sunday, August 20, Blank Rome Partner Judge Stephen Orlofsky provided the keynote address to Rutgers Law School first year law students at the Dean’s Reception and Welcome Ceremony in Camden. Judge Orlofsky’s speech expanded on the role of lawyers in our society and the Rule of Law, and that while those are unchanged since he attended the very same Dean’s orientation, one never knows where the law will take them. Continue reading “Blank Rome’s Judge Orlofsky Provides Keynote Address at the Rutgers Law Dean’s Reception and Welcome Ceremony”

Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points

Blank Rome Partner Adrienne Rogove will speak at the National Business Institute (“NBI”) “Construction Law: Advanced Issues and Answers” seminar on Wednesday, July 12, 2017, which will take place from 9:00 a.m. to 4:30 p.m. in Princeton, NJ.

In this advanced-level course, experienced faculty will share their decades of construction law experience and will provide you with valuable tools you can use to help your clients through change order disasters, project delay disagreements, construction defect disputes and more.

Ms. Rogove will present the first session, from 9:00 a.m. to 9:45, “Construction Contracts: Advanced Negotiation Techniques for the Top Sticking Points.” Her presentation will cover:

  • Payment Clauses
  • Pass-Through Clauses
  • No Damage for Delay Clauses
  • Performance and Timing Clauses
  • Project Termination Clauses
  • Liquidated Damages Clauses

For more information or to register, please click here.

Ethical Advertising – New Challenges

Blank Rome Partner Jonathan Korn, based in the Firm’s Princeton office, will present on “Ethical Advertising – New Challenges” at the New Jersey Association for Justice (“NJAJ”) 2017 Medical Malpractice Boardwalk Seminar on April 28, 2017, at the Harrah’s Resort in Atlantic City.

The three-day seminar is exclusively designed to meet the continuing educational requirements of trial attorneys and features outstanding local and regional speakers along with top national speakers. Additional topics include:

  • Making Your Mediation and Arbitration Statements Pop!
  • The Patient Safety Act: Developing Cases – Don’t Overreach
  • Deposing the Defendant on the Standard of Care
  • Using Medical Learned Treatise

For more information or to register, please click here