If your company collects credit cards, financial data or
other personal information from consumers online, make sure you review your
insurance portfolio to ensure your company is covered in the event of a
"cyber attack." While virtually all...
One situation I often encounter with small businesses is
that sometimes they don't always document the transactions they enter into with
their owners and other related parties. For instance, let's say that 2
owners of a corporation decide that...
David Marcus writing for The Deal , adds to the
growing commentary suggesting that plaintiffs' lawyers who file class actions,
especially those challenging mergers, will be inclined to increasingly avoid
Delaware Courts if the Court continues to...
provide that in the event of litigation
arising out of a breach, the prevailing party will be entitled to recover
"reasonable" attorneys' fees from the losing party. Some attorneys,
however, hoping to obviate the need...
The advance of the Internet has changed how we do
business. Now, many businesses have moved online. One can do all the shopping,
including the grocery shopping, without leaving home. Legal services have also
evolved. While most law firms still hold...
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
by Ronald Weikers, Leslie Spasser and Rebecca
The laws governing data
security impose varying obligations on businesses that maintain data, and
courts are starting to weigh in as to the duties that exist between business
customers and their vendors...
by Eric L. Goldberg, Thomas D. Kearns and Thomas J. Fleming
The N.Y. Court of Appeals in
Centro Empresarial Cempresa v. America Movil, decided the enforceability of
general releases to preclude future claims of fraud and breach of fiduciary
the Consumer Financial Services Group
In the first federal appeals court decision to apply AT&T Mobility LLC v. Concepcion to a non-AT&T
Mobility arbitration agreement, the U.S. Court of Appeals for the Third Circuit
has held that the Federal...
In Virginia, non-compete agreements will be enforced if they are
narrowly drawn to protect the employer's business interests, if they are not
unduly restrictive of the employee's ability to earn a living, and if they are
not against public...
In Bullock v. Philip Morris (California Court of
Appeal, Second District, Case No. B222596) the court affirmed a punitive
damage award that is 16 times compensatory damages. The jury ultimately awarded
Bullock $850,000 in compensatory damages and ...
Previously, I wrote
about the pros and cons of incorporating in Delaware as a small business owner.
My conclusion was that, for most small companies, the disadvantages
outweigh any advantages. In this piece, I'll cover my thoughts on another...
the Consumer Financial Services Group
In the first opinion to address the issue following the
U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion , a Pennsylvania
federal district court has held that the Federal Arbitration...
by Robert S. Fisher
The practitioner with an
aspiring exporter as a client will wish to be familiar with letters of credit
and other protective devices that will guarantee that the client ultimately
receives payment for the shipped goods. Some of the...
Two key initiatives that are close to my heart were among
the top recommendations from the SEC's 29th Annual Government-Business Forum on
Small Business Capital Formation (they need to hire a good branding person to
work on that name!) held last...
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...
On Monday August 1, 2011, the House and Senate passed HR
2715,  an Act introduced by Reps. Mary Bono Mack
(R-CA.) and G.K. Butterfield (D-NC). In a rare show of bipartisan support,
Congress agreed to amend the Consumer Product Safety Improvement Act...
by David F. Paulson, Jr. & Miles S. Bruder*
Enforcing commercial contracts will likely become a
less-costly proposition in North Carolina this fall, thanks to a new exception
to the state's general ban on attorneys' fee awards to a prevailing...
Sometimes state legislatures react slowly to judge-made
law and sometimes they move swiftly to correct perceived problems created by
court rulings. Often, such rash legislative action is not well thought-out or
properly drafted, making the solution worse...
The New Jersey Appellate Division ruled-despite the
recent U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion -that
binding arbitration clauses in consumer contracts that bar class-action suits
still may be subject to challenge if they...
Section 510(a) of the
Bankruptcy Code upholds subordination agreements entered into between lenders
prior to bankruptcy but does not operate as a complete bar to lender disputes.
Ambiguity in intercreditor agreements may pose potential problems concerning...
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...
In an order yesterday in International
Forest Products Corp. v. Jackson Paper Mfg. Co. , the North Carolina Business
Court denied a motion to disqualify defense counsel from representing Jackson
Paper. The lawyers who were challenged were from the...
Two owners of a Virginia restaurant breached their fiduciary duty to the corporation they managed by paying
themselves exorbitant management fees and by making improper loans and
distributions to themselves, a Fairfax
County judge has found.