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.
The economic loss rule is a
judge-made limitation on damages that courts use to preclude plaintiffs from
recovering in tort for purely economic losses arising from sales of goods
governed by UCC Article 2. Parties therefore may be limited to the remedies...
Over the years, many of my
clients have been manufacturers and distributors, many of them international
companies. One of the most fundamental principles of risk management for these
companies is to make sure they have a well structured insurance program...
Yesterday, Judge Gale entered summary judgment against a
North Carolina lawyer who claimed he was entitled to a greater share of a $3
million fee award to a group of plaintiffs' counsel in a series of settled
class actions. The opinion was in the...
On June 27, the United States Supreme Court delivered two
of its most significant opinions on the subject of personal jurisdiction
in nearly twenty-five years (since Asahi Metal Ind. Co. v. Superior Court of
California , 480 U.S. 102(1987) [ an enhanced...
On June 20, 2011, the Internet Corporation for Assigned
Names and Numbers ("ICANN") approved a new policy that would allow anyone to
apply for a new generic Top Level Domain (gTLD). Currently, there are 22 gTLDs,
like .com, .org, .net and...
By John E. Porter and Ronald M. Oster
In AT&T Mobility LLC v.
Concepcion (2011), a divided U.S. Supreme Court ruled that the FAA preempted
CA's Discover Bank rule, which held waivers of class arbitration in consumer
Yesterday, Senator Jay Rockefeller announced that the
Federal Trade Commission (FTC) has agreed to start an investigation into oil
and gasoline markets and the impact on retail prices. In a letter to Senator
Rockefeller announcing the investigation, the...
In April 2011, the Supreme
Judicial Court of Massachusetts issued its Adams v. Adams decision, which
provides additional guidance in the arena of business valuation in divorce. Can
a partnership interest be included in the divisible marital estate? Which...
If you are making an Offer of Judgment per Rule
68 of the Federal Rules of Civil Procedure , be sure to think about whether
to include costs and attorneys' fees in the amount offered. Yesterday,
the Fourth Circuit underscored the need for "precise...
The June 8th opinion from Business Court Judge Judge Gale
Cartage, Inc. v. Stonewall Packaging, LLC , 2011 NCBC 15, dismissed the
Plaintiff's complaint, finding its allegations that an alleged partner should
be liable for the partnership...
When SolAVerde's attorney spoke to the media about his client's defamation claims
against the Town of Front Royal and certain councilmen, he sounded pretty
confident. The court, however, disagreed with his arguments and dismissed the
by Ann Fort and Jason Chang
Patent owners are now on notice: The Federal Circuit has
confirmed that shredding relevant documents after identifying litigation
targets can lead to spoliation sanctions, even if the destruction occurred
Virginia courts have long held that statements made in
connection with judicial proceedings are entitled to absolute protection from defamation
liability. To encourage truthfulness in litigation, Virginia public policy has
extended an absolute privilege...
On March 22nd, Amazon.com launched Appstore for Android,
where it offers for sale and download games and other applications available
for Android smart phones. Apple Inc., the maker of iPhones, iPod media players
and iPad tablet computers, sued Amazon...
We all sometimes say things that we are sorry to have
said. Even judges. Those types of statements by a District Court Judge in
South Carolina, which the Fourth Circuit called "neither wise nor
temperate" were the subject of a recusal motion...
What kind of expense amounts to a "loss" under
the Computer Fraud and Abuse Act (CFAA), and did a Virginia litigation-support company
incur the required minimum of $5,000 in losses when it investigated an alleged
breach of its computer systems...
A May 6 study in Science with the
banal title of "Relationship Between Clinical Signs and Transmission of an
Infectious Disease and the Implications for Control," written by a number of
scientists at the Institute for Animal Health
that a user accepts "automatically" by the virtue of visiting the site. If you
want to understand your rights in connection with using the site, you should
On April 27, 2011, the United States Supreme Court issued
an important decision upholding an arbitration clause barring class-wide
arbitration. The decision has important implications for telecommunications and
other consumer contracts, including website...
The Business Court yesterday sifted through cross motions
for summary judgment brought by the seller and buyer of a business selling
"power protection devices used primarily to control power surges and to
provide power filtration in high volume...
Steinman v. Malamed , (June 28, 2010) 185 Cal. App. 4th
1550, 111 Cal. Rptr. 3d 304.
This case suggests that UCC § 1-308 (allowing payment
"under protest") may not be interpreted broadly to allow a party to reserve
rights when making...
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...