Smaller companies increasingly are the subject of data
breaches and those smaller companies "are the number-one target of
cyber-espionage attackers," according to a recent study detailed in a April 24,
2013 CFO.com article entitled "Should...
The 2010 Amendments to Article
9 (Secured Transactions) of the Uniform Commercial Code modify or clarify
certain key provisions of the statute. One of the provisions so modified
involves changes of the debtor's location. The 2010 Amendments do...
If you have a strong communications component to your
business (and let's face it, who doesn't), you'd better take note. Canada is
attempting to get rid of all those pesky spam e-mails and text messages through
Canada's Anti-Spam Legislation...
Travel agent John Mathews may have a meritorious claim
against a Virginia hotel for breaching a contract to provide food for a large
group of tourists. It's hard to tell, though, when he clutters his complaint
with counts for defamation , invasion...
by Donna Ray Berkelhammer
"Order the hamburgers at Donna's Diner if you like salty,
dried out burgers dripping in ketchup and onions to try to give them some
flavor. Don't go there unless you have a strong stomach and you like sticky...
Musical artist Cameron Jibril Thomaz, better known as
" Wiz Khalifa ,"
recently saw his breach
of contract case against It's My Party get dismissed . Mr. Thomaz had hired The Agency Group as his
booking agent for a new tour which would...
Third-party litigation funding's moment may have already
be here, as I have previously
noted . But just the same, it is a little surprising to find stories about
litigation funding at virtually every turn, with stories over the weekend
When Cecil Addison was passed over for promotion, he sued
Volvo Trucks North America and Ivan Mitchell in the Western District of
Virginia for breach
of contract and discrimination. Volvo Trucks had a contract agreement with
the United Auto Workers...
Last week in Connecticut, where less than four months ago
Adam Lanza fired 154 shots in four minutes from a Bushmaster AR-15
semiautomatic rifle, killing 26 children and teachers at Sandy Hook Elementary
School, lawmakers passed and Gov. Dannel Malloy...
In the long-running feud over online sales taxes, the
federal courts have consistently held that Internet retailers must have a
"physical presence" such as a warehouse or employees in a state to be
subject to that state's sales tax. A...
by Rich Ehisen
There has long been friction in the relationship between
doctors and other health care providers, with the former ferociously guarding
their turf against incursion from the latter. But with the Affordable Care Act
soon to bring 33...
by Scott W.
On March 12, 2013, the Federal Trade Commission issued
its long-awaited update to its 2000 guidance on disclosures in online marketing
The guidance, entitled . com Disclosures: How to Make
In Regions Bank v. Official Comm. of
Unsecured Creditors ( In re Camtech
Precision Mfg., Inc. ), 471 B.R. 293 (S.D. Fla. 2012) [ an enhanced version of this opinion is available to lexis.com
subscribers ], the District Court for...
WASHINGTON, D.C. - (Mealey's) A class representative's
stipulation that damages being sought were less than $5 million does not defeat
federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous
U.S. Supreme Court ruled March...
Although politicians who challenge party orthodoxy are
often putting their careers at risk, several Republican and Democratic
governors are doing just that on health care and pension issues.
During the protracted battle waged...
of Appeals in February 2011 ordered Judge Jolly to dissolve Mitchell,
Brewer, Richardson, Adams, Burge & Boughman, a law firm organized as a
member-managed professional limited liability company. The dissolution
was ordered per N.C....
In the latest of a series of decisions dealing with the
enforceability of arbitration agreements, the U.S. Supreme Court in its 2011
decision in the AT&T
Mobility LLC v Concepcion case [ an enhanced version of this opinion is available to lexis...
PASADENA, Calif. - (Mealey's) The search of a man's
laptop computer by Customs and Border Protection (CBP) officials that occurred
170 miles from the border did not constitute an "extended border search" and
did not violate his rights...
State officials have viewed Internet commerce with dollar
signs in their eyes for decades. The few that have managed to tap the spigot of
online sales in a substantive way, however, aren't reaping the promised
rewards. But that's not stopping...
by Jamie Watkins Bruno
Under Article 9 of the Uniform Commercial Code ("UCC"), a
secured party perfects its security interest in investment property - such as
certificated and uncertificated securities, securities accounts and commodity...
One of the commonly asked questions that entrepreneurs
ask their attorneys when forming a company is where to incorporate it. Most
frequently, companies choose between incorporating in their home state and
registering in Delaware.
If a literal reading of 28
U.S.C. 1441 (the forum defendant rule ) would lead to an absurd result, then
it should not be interpreted that way, according to a recent decision of Judge Morgan of the Norfolk Division of
the Eastern District of Virginia...
Left in place, the $85 billion in automatic federal
spending cuts that went into effect on March 1 - a.k.a. "the
sequester" - will set criminals free, delay flights, lock kids out of day
care and send thousands of teachers and police to the...
On February 12, 2013, President
Obama signed the Executive Order: Improving Critical Infrastructure
Cybersecurity designed to strengthen the cybersecurity of critical
infrastructure. This Order expands information sharing with critical
Wednesday of last week in Patriot
Performance Materials, Inc. v. Powell , 2013 NCBC 10 was
appropriately timed for the day before Valentine's Day.
Powell, the Defendant, had a
50% interest in several businesses with Henderson, one...