The Fourth Circuit ruled today in Albemarle Corp. v. AstraZeneca UK Ltd. that it was required to interpret the forum selection clause negotiated by the parties under English law, which meant that the clause would be read as requiring litigation to be...
On this edition, William A. Mogel discusses the U.S. Court of Appeals
for the District of Columbia Circuit's opinion in Interstate Natural
Gas Association of America v. FERC. He analyzes the ruling's effect on
shippers and touches on the current...
The Business Court dismissed a legal malpractice claim
right before Thanksgiving last week in Inland
American Winston Hotels ,
Inc. v. Winston , 2010 NCBC 19 . Judge Tennille
found Plaintiff's expert, a Duke Law School professor, to be incompetent...
Two news items are our topic today: Ben
& Jerry's removed the term "all natural" from its ice cream
and was immediately sued
by someone; and some people are labelling ordinary onions as "sweet"
and charging a premium for them...
Recovering damages for copyright infringement may be
difficult in situations where the infringing party is "dummy" or "shell"
corporation with no assets that can be used to satisfy a judgment.
Sometimes, however, there may be a parent...
Broadly speaking, the
attorney-client privilege protects communications between a client and an
attorney where the communications are intended to be and remain confidential.
The purpose of the privilege is "to foster the confidence of the
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...
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...
Key to business success often lies in creation of a
powerful brand. A brand defines the source of goods and services. The goal is
to get customers shopping for a certain type of goods or services to look for
your particular brand because they came to...
The Uniform Commercial Code
itself, scholarly articles, and judicial decisions have long emphasized the
importance of the debtor's name on an Article 9 financing statement. The
debtor's name is one of only three pieces of information...
Under UCC Article 9, the
priority scheme rewards the creditor who is first to give notice of its
security interest. One of the few exceptions to the rule, however, is the
superpriority afforded certain purchase money secured parties. This Emerging
A part of the Small Business Jobs Act that
President Obama signed recently relates to investments made between September
27 and December 31, 2010. Gains on such investments, if they qualify,
will not be taxed at the federal level. This law is meant to...
NEW YORK - (Business Wire) Following a year of doing business in a more litigious and cost-conscious environment, companies of all sizes expect those patterns to continue during the coming year, with roughly one-quarter saying legal disputes will increase...
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...
When you are filing a complaint to federal court, or
removing one to federal court, the value of a claim for injunctive relief can
be included in determining whether the $75,000 amount in controversy required
for diversity jurisdiction under 28 U.S.C...
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...
I decided to write a blog about how a business owner
should go about choosing a name for his or her business, product or service.
Branding is very important, and a successful business is one that has a brand
that is easily recognizable and unique. I am...
Until December 10, 2010, lawyers need to remain aware
that, in cases pending in federal court their communications with
their retained expert witnesses and any draft reports prepared by the expert are
likely to be discoverable based on a request from...
From April 2009 through January 2010, I did a post at the
beginning of each month on the new cases designated to the Business Court
during the prior month. That's been missing during my hiatus, without any
outcry, but I am now resuming that service...
by Karen E. Hobson and Darin
The recently enacted 2010 Small Business Jobs Act (the
"Act") includes a wide-ranging assortment of tax breaks and
incentives for small business. Below is a summary of some of the key tax breaks
On September 27, 2010, President Obama signed into effect a new law directed at helping small businesses survive and grow in this economy. The most useful provisions of the Act, in my opinion, are those directed at making it easier for small businesses...
Note to Self: Remember not to unilaterally change the text of contracts that have
been signed ( via Adams Drafting ), even if it's only to "fix"
The dispute over who owns the Dodgers may turn on one
word. It is the 12th word of the...
by Philip Ashley
The Petroleum Marketing Practices Act (PMPA) was enacted
by Congress in 1978 to address abuses in the termination or non-renewal of the
franchisee relationship between independent franchisees and their franchisor
On July 21, 2010, President Obama signed the final
version of the Dodd-Frank Wall Street Reform and Consumer Protection Act into
law. This sweeping legislation will have a tremendous impact on institutions of
all sizes and industries, but not all companies...
On this edition, Charles Durante of Connolly Bove Lodge & Hutz LLP in Wilmington, Del. discusses Delaware Statutory Trusts. Mr. Durante explains the reasons for using a trust for business, how a statutory trust is operated, tax considerations involving...