ACIC Private Notes - October 2017

This edition covers recent case law summaries from the Southwest Region (courtesy of Andrew Thomison of Baker Botts) and the Rocky Mountain and Western Region (courtesy of Aaron Borden of Vedder Price).

Also read on to find out where to get the latest updates and materials for the upcoming 2017 Annual Meeting and Education Conference.

Recent Case Law Developments

Southwest Updates

In Khoury v. Tomlinson , 518 S.W. 3d 568 (Tex. App. -- Houston 1st Dist.), the Court of Appeals held, among other things, that e-mail correspondence was sufficiently definite to give rise to an enforceable contract and that the entry of a party's e-mail address in the "from" field of the e-mail was sufficient as a signature for purposes of satisfying the Statute of Frauds. Click here for further details.

In In re: Ritz, 567 B.R. 715 (Bankr. S.D. TX 2017), the Bankruptcy Court concluded that the Texas veil-piercing statute would impose personal liability because of fraudulent conduct. Click here for further details.

Rocky Mountain and Western Updates

In Rincon EV Realty LLC v. CP III Rincon Towers, Inc. , 2017 WL 429267 (Cal. Ct. App. 2017), the appellate court determined that parties to a loan agreement cannot use choice of law provisions to circumvent the right to a jury trial in California courts. Importantly, this analysis is applicable only when the venue for the dispute is in California. Click here for further details.

In McGill v. Citibank, N.A., 2 Cal. 5th 945 (Cal. April 6, 2017), the court held that a pre-dispute arbitration agreement that purported to waive a statutory right to seek, in any forum, public injunctive relief under California's consumer protection laws, was not preempted (and therefore saved) by the Federal Arbitration Act. Click here for further details.

In Western Surety Co. v. La Cumbre Offices Partners, LLC, 2017 WL 445408 (Cal. Ct. App. 2017), the appellate court held that an indemnity agreement was not invalidated as to a limited liability company by either the lack of authority of the signing manager or the misstated capacity of the signing manager. Click here for further details.

2017 Annual Meeting & Education Conference - Conference Papers

Fall is officially here, and that means the Broadway-themed 2017 Annual Meeting and Education Conference is just a few weeks away. We are excited to see you all there! As we get closer to the show's big premier, please be sure to check this link often to get the latest conference updates, including conference papers as they come in.

American College of Investment Counsel

www.aciclaw.org

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