WaveDivision Holdings LLC v. Highland Capital Management, L.P., et al. , No. 649,2011 (Del. Supr., July 19, 2012).
Issue Presented :
Whether the Superior Court properly granted summary judgment in favor of defendant note holders and senior lenders...
Hickman v. Taylor, the United States Supreme Court recognized a qualified
immunity from discovery of a lawyer's work product prepared in connection with
litigation. The Delaware Court of Chancery has embraced the work product
doctrine as enunciated...
An insurer that breached its duty to defend may not later
rely on policy exclusions to escape its duty to indemnify the insured for a
judgment against him, according to a June 11, 2013 decision from the New York
Court of Appeals. The Court of Appeals...
66 U. Miami L.
Rev. 233, Fall 2011
Author: Elisabeth A. Beal
"It has been said that arguing against globalization is like arguing
against the laws of gravity," proclaimed Kofi Annan, former
This blog is for all those NYC business owners who are
either women or minorities. If you qualify, - M/WBE Certification can help grow
your revenues by facilitating bidding for government contracts.
Why get this Certification?
M/WBE certified businesses...
To draft better contracts with service providers, attention must be paid to the boilerplate language. This is the routine language regarding non-key provisions of the contract that is often used repeatedly. In this Commentary, Professor James L. Carey...
This LexisNexis Emerging Issues Analysis discusses insurance
coverage for construction defects or faulty workmanship under Commercial General
Liability policies, which has long been a contentious issue between insurers
and policyholders. Numerous jurisdictions...
by Vince Crisler
The sophistication and capacity
of the cyber insurance market has evolved in the last five years. Cyber
insurance can fill the insurance gap but mitigating cyber security risks with
cyber insurance is not a simple solution. Counsel...
A swap agreement between Metavante and Lehman excused Metavante from making scheduled swap payments to Lehman in the event of a default. In Lehman’s Chapter 11 bankruptcy case, Metavante declined to make the scheduled payments to Lehman. In response...
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...
this Emerging Issues commentary, Barry J. Reingold of Perkins Coie LLP examines
new guidelines by the Federal Trade Commission (FTC) as to the use of
endorsements and testimonials in advertising. Mr. Reingold discusses these
changes and gives advice...
In New Jersey , the rate of interest upon the loan or forbearance
of any money, wares, merchandise, goods or chattels may not exceed 6% per year,
or when there is a written contract specifying a rate of interest, 16% per
year. N.J.S.A. § 31:1...
Credit sellers of large-ticket
items reserve security interests in the items sold to secure the buyer's
payment of the purchase price. These creditors sometimes get off track by
assuming that Article 9 does not apply to the transaction. In a recent...
Statements made by litigants and their attorneys in
judicial proceedings cannot form the basis for a defamation
action because they are protected by an absolute privilege. But what if an
attorney, desirous of increased media exposure, takes copies of...
Revisions to the North Carolina Rules of Civil Procedure
became effective to actions filed on or after October 1, 2011. A blacklined
version showing the changes wrought by a law titled an "Act to
clarify the procedure for discovery of electronically...
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...
Jon Neiditz is a partner with Nelson Mullins
Riley & Scarborough in Atlanta. He
spoke at the "NetDiligence Cyber Risk & Privacy Liability Liability
Forum" produced by HB Litigation Conferences and held July 7-8, 2010, in
In lieu of a reverse merger, an attractive option for many companies may be a self-filing, which may be completed through the use of Form S-1 or Form 10. A self-filing is often the best choice if you have more time and sufficient shareholders to qualify...
According to South Carolina law, a mortgage on real property includes the
standing timber unless the mortgage excepts it. The Uniform Commercial Code has
not displaced this common law rule. Specifically, Section 2-107(2) does not...
Sometimes you have a hard time telling who won and who lost a motion ruling. That's true of Judge Gale's ruling on Monday in Legalzoom, Inc. v. The North Carolina State Bar , 2012 NCBC 47.
You are all undoubtedly familiar with Legalzoom, an...
by William T. Wilson
Purely commercial bribery can
be as troublesome to a company as its more famous relative involving government
officials -- prohibited by the Foreign Corrupt Practices Act. There is a new
focus on transnational and national solutions...
Where the debtor is radio or
television station, often the most valuable collateral will be the station's
FCC broadcast license. But FCC licenses pose special problems for secured
parties because of the federal restrictions on assignments and transfers...
You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding.
Last week, the Business Court ruled in another...
Does use of the name "Blingville" by a small
game developer from Harpers
Ferry , West Virginia, infringe the trademark
rights of Zynga, creator of FarmVille? Does Zynga have a monopoly on Facebook
applications ending in "ville"? Blingville...
Although Virginia courts often view non-compete covenants with disfavor, the United States District court for the Eastern District of Virginia recently upheld a non-compete agreement executed between Capital One and two of its former executives. A few...