The Court of Appeals on Tuesday of last week, in Speedway
Motorsports Int'l Ltd. v. Bronwen Energy Trading, Ltd., [ lexis.com
subscribers may access the enhanced version of this opinion ] unwound a
year old decision by the Business Court . In that...
Last summer, United States Department of Agriculture
official Shirley Sherrod was forced to resign after conservative
Breitbart posted online a speech that she had made 23 years before, when
she worked for a nonprofit organization. The...
Internationally, it's long been known that black students
are less likely than their white counterparts to apply to work for commercial
law firms. It's also known that women lawyers are far less likely to become
partners at law firms than men...
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...
In Virginia, as in other states, potentially defamatory
statements made in official government proceedings receive protection from defamation claims .
But some such statements get the benefit of absolute privilege, which means
that even a knowingly false...
Ken Odza posted
about some general issues related to the Center
for Science in the Public Interes t's claims against Safeway related to the
decision not to use its Club
Card data to publicize recalls. Hidden among the claims, however, is a
It doesn't take a defamation
expert to see the flaws in the $2 million libel lawsuit filed this week by Redskins owner
Dan Snyder against the Washington City Paper. Mr. Snyder took offense at an
article titled, " The Cranky Redskins Fan's...
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...
Ten years ago, the European
Commission sought to promote electronic commerce ("e-commerce") by
adopting a directive addressing certain legal aspects of information society
services, in particular electronic commerce, in the Internal...
During discovery, an examining party has the power to
compel the deposition of a corporate defendant's " managing
agents ." If the plaintiff's lawyer designates an individual to testify
who is not an officer, director, or managing agent...
The Business Court spanked the Department of
Revenue again last week, just after a ruling two weeks ago when it said in another
case that the DOR's position was "harsh, and potentially fatal. . .
." This time, in Delhaize
America, Inc. v...
by Sidney Goldstein
There is a commonly held view that individuals
and business entities have a "God Given Right" or at least a
Constitutional Right to declare bankruptcy to protect themselves from creditor
claims. Not being a theologian...
by Sidney Goldstein
With the first glimmer of a
revival in the credit markets, many of us are quick to forget the tough lessons
learned during the crisis period. One such lesson is the havoc that can be created
by an aggrieved creditor's...
The burden of proving that the work product immunity,
attorney-client privilege, business-strategies immunity, or other privilege or
immunity applies to protect information from disclosure lies with the party
asserting the privilege. Thus, it is incumbent...
Lawyers representing Ryerson, Inc., a metal roofing
company, were called upon recently to defend the company against the claims of
two homeowners who alleged that Ryerson failed to honor the warranty on its
roofing system and that such failure violated...
I have been puzzling for the last three days on what to
write about the Business Court's first opinion of the year, in Technocomm Business Systems, Inc. v. North Carolina Department
of Revenue , 2011 NCBC 1. It involves an opinion about the sales...
I was recently browsing through discussions and postings
on LinkedIn groups and found an interesting article that I would like to share
with you. It was posted on FizzLaw group's bulletin, a group dedicated to
providing small businesses with access...
The Option ruled on by the Business Court yesterday in
NRC Golf Course, LLC v. JMR Golf, LLC, 2010 NCBC 20 ,
said that the Plaintiff had the option to purchase a golf course for "fair
market value at exercise date validated by an independent third...
President Obama signed the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010" (the "Act"). Among other features, the Act extends for an additional year the 100% exclusion from federal capital gains tax...
Companies that sell to consumers, directly or indirectly, are subject to an array of federal and state laws and regulations. Selling goods and services to California consumers is especially challenging because the state has a panoply of uniquely stringent...
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...