There is a time bomb in your company that you had better
defuse. This is true whether you are employee or employer, because when it
blows, both sides will be out lots of time and money, including plenty in
attorney's fees. Not that we attorneys...
Margit Livingston analyzes a recent bankruptcy case in which the court apparently
misunderstood the distinction between chattel perfection and fixture filings.
perfect security interests under Article 9 of the...
John F. Mullen Sr., chair of the complex litigation practice group at Nelson Levine de Luca & Horst , came to HB Litigation Conferences’ offices in Berwyn, Pa., to discuss cyber risk litigation. He answered a range of questions such as who brings...
On this edition, Paul
McGrady of Greenberg Traurig in Chicago and author of the recently published treatise " McGrady on
Domain Names " discusses the regulations and risks
involved in starting an online business. He talks about copyright
The FTC's amended Franchise
Rule helps fulfill the reasonable expectations of prospective franchisees by imposing
stringent disclosure and other requirements on franchisors. These requirements
help insure that franchisees make fully informed decisions...
Generally, the law of the
debtor's location governs perfection issues under Article 9 of the Uniform
Commercial Code. In other words, the debtor's location controls the place of
filing of financing statements giving notice of Article...
There are essentially three ways how to structure an
acquisition of a company. The primary methods include a statutory merger or
share exchange; purchase of business assets; or purchase of shares from the
existing shareholders. When purchasing assets...
The language of a preliminary
agreement calling for the parties to negotiate in good faith with a view to
signing a "Definitive Agreement" was sufficient to allow for the
remedy of specific performance of the preliminary agreement. Dr. John...
The Permanent Editorial Board
for the U.C.C. recently issued a report explaining the Code provisions relevant
to the transfer and enforcement of mortgage notes. This report highlights the
particular provisions of Articles 3 and 9 that pertain to who can...
Richard J. Bortnick is a member in the West Conshohocken, Pa., office of Cozen O'Connor, where he serves as chair of the firm's Professional Liability Practice Area within the Global Insurance Group. In this clip he discusses the evolution of...
I spent the last three weeks
mainly in Europe, and mainly on a cruise, but unlike Newt
Gingrich , I don't purport to have learned anything about Europe's debt
crisis, although the Greek, Italian and Spanish governments did all fall the
NC Court of Appeals said earlier this month in Browne
v. Thompson that the decisions of the Business Court have "no
precedential value." Being a big fan of the Business Court, that
rankled me. And being the author of a blog which focuses...
Today's DealFlow Report notes that Rodman & Renshaw's John Borer (disclaimer: client), a member of the SEC's Advisory Committee on Small and Emerging Companies, stunned his fellow committee members recently. He suggested that crowdfunding...
Along with everyone else in the professional liability insurance industry , I was fascinated by the news that my good friend David Bell, with whom I served on the Professional Liability Underwriting Society (PLUS) Board of Trustees, was leaving Bernuda...
Last week I gave a short presentation at the annual conference of CBIZ, the national consulting and accounting firm, on recent Delaware cases on the topic of "fair value" in the context of an appraisal pursuant to DGCL Section 262, and an overview...
In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe...
A new line of women's footwear now being sold by Yves
Saint-Laurent has high-end French shoe designer Christian Louboutin seeing red.
Louboutin's companies, asserting that a new line of red Yves Saint-Laurent shoes
violates their U.S. trademark...
This post is not written for the business owners, but
rather for the consultants who connect companies that are looking to raise
capital with potential investors, whether angels or VCs. I was recently
reviewing the broker-dealer definitions in the Securities...
The efforts to disqualify Defendants' counsel were unsuccessful in Atkinson v. Lackey . In denying the motion to disqualify this week, Judge Murphy gave some insight on Rule 1.9 of the Revised Rules of Professional Conduct.
Rule 1.9 is titled "Duties...
Long time readers of this blog know that you can't designate a case limited to a covenant not to compete to the Business Court. That's the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a breach of a restrictive...
LexisNexis Overview: Florida public policy that would invalidate waivers
of class actions in cell phone customers' contracts was an obstacle to the
Federal Arbitration Act's objective of enforcing arbitration agreements
according to their terms...
The case of Blythe v. Bell is like the gift that
keeps on giving. It generated two significant opinions last year, and
this week a third and a fourth. The July
2012 opinion was a major e-discovery decision, and the December
2012 opinion addressed...
by Donna Ray Berkelhammer
Many small and medium business owners
are overwhelmed by the social media choices available to them, and
unsure of which might best fit their target clients and markets. Twitter ,
being a relative new kid on the block,...