When you think of sanctions, your mind probably
goes to Rule 11 of the Rules of Civil Procedure. But what about Rule
37(b)(2)? It says that:
if a party . . . fails to obey an order to provide or
permit discovery, . . . a judge of the court in which...
Even though I have previously written about it, I keep
getting many questions regarding whether unpaid interns can work for a
for-profit business. My conclusion is YES BUT... it can be risky for the
business. In New York, interns can do an unpaid internship...
Maybe you've wondered whether a claim for legal
malpractice can be assigned. Maybe you haven't. But yesterday, the North
Carolina Court of Appeals answered that question. In Revolutionary
Concepts, Inc. v. Clements Walker PLLC [ an enhanced...
by Donna Ray Berkelhammer
We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an
increasing number of SaaS or cloud-based software services
contracts for our clients. Cloud computing may be a viable business...
There is often a discussion about the retention of
outside counsel to lead an investigation of alleged violations of the US
Foreign Corrupt Practices Act (FCPA) so that the company may maintain the
attorney-client privilege. But is there some other...
by Donna Ray Berkelhammer
Many small and medium business owners
are overwhelmed by the social media choices available to them, and
unsure of which might best fit their target clients and markets. Twitter ,
being a relative new kid on the block,...
Smaller companies increasingly are the subject of data
breaches and those smaller companies "are the number-one target of
cyber-espionage attackers," according to a recent study detailed in a April 24,
2013 CFO.com article entitled "Should...
The 2010 Amendments to Article
9 (Secured Transactions) of the Uniform Commercial Code modify or clarify
certain key provisions of the statute. One of the provisions so modified
involves changes of the debtor's location. The 2010 Amendments do...
If you have a strong communications component to your
business (and let's face it, who doesn't), you'd better take note. Canada is
attempting to get rid of all those pesky spam e-mails and text messages through
Canada's Anti-Spam Legislation...
Travel agent John Mathews may have a meritorious claim
against a Virginia hotel for breaching a contract to provide food for a large
group of tourists. It's hard to tell, though, when he clutters his complaint
with counts for defamation , invasion...
by Donna Ray Berkelhammer
"Order the hamburgers at Donna's Diner if you like salty,
dried out burgers dripping in ketchup and onions to try to give them some
flavor. Don't go there unless you have a strong stomach and you like sticky...
Musical artist Cameron Jibril Thomaz, better known as
" Wiz Khalifa ,"
recently saw his breach
of contract case against It's My Party get dismissed . Mr. Thomaz had hired The Agency Group as his
booking agent for a new tour which would...
Third-party litigation funding's moment may have already
be here, as I have previously
noted . But just the same, it is a little surprising to find stories about
litigation funding at virtually every turn, with stories over the weekend
When Cecil Addison was passed over for promotion, he sued
Volvo Trucks North America and Ivan Mitchell in the Western District of
Virginia for breach
of contract and discrimination. Volvo Trucks had a contract agreement with
the United Auto Workers...
Last week in Connecticut, where less than four months ago
Adam Lanza fired 154 shots in four minutes from a Bushmaster AR-15
semiautomatic rifle, killing 26 children and teachers at Sandy Hook Elementary
School, lawmakers passed and Gov. Dannel Malloy...
In the long-running feud over online sales taxes, the
federal courts have consistently held that Internet retailers must have a
"physical presence" such as a warehouse or employees in a state to be
subject to that state's sales tax. A...
by Rich Ehisen
There has long been friction in the relationship between
doctors and other health care providers, with the former ferociously guarding
their turf against incursion from the latter. But with the Affordable Care Act
soon to bring 33...
by Scott W.
On March 12, 2013, the Federal Trade Commission issued
its long-awaited update to its 2000 guidance on disclosures in online marketing
The guidance, entitled . com Disclosures: How to Make
In Regions Bank v. Official Comm. of
Unsecured Creditors ( In re Camtech
Precision Mfg., Inc. ), 471 B.R. 293 (S.D. Fla. 2012) [ an enhanced version of this opinion is available to lexis.com
subscribers ], the District Court for...
WASHINGTON, D.C. - (Mealey's) A class representative's
stipulation that damages being sought were less than $5 million does not defeat
federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous
U.S. Supreme Court ruled March...
Although politicians who challenge party orthodoxy are
often putting their careers at risk, several Republican and Democratic
governors are doing just that on health care and pension issues.
During the protracted battle waged...
of Appeals in February 2011 ordered Judge Jolly to dissolve Mitchell,
Brewer, Richardson, Adams, Burge & Boughman, a law firm organized as a
member-managed professional limited liability company. The dissolution
was ordered per N.C....
In the latest of a series of decisions dealing with the
enforceability of arbitration agreements, the U.S. Supreme Court in its 2011
decision in the AT&T
Mobility LLC v Concepcion case [ an enhanced version of this opinion is available to lexis...
PASADENA, Calif. - (Mealey's) The search of a man's
laptop computer by Customs and Border Protection (CBP) officials that occurred
170 miles from the border did not constitute an "extended border search" and
did not violate his rights...
State officials have viewed Internet commerce with dollar
signs in their eyes for decades. The few that have managed to tap the spigot of
online sales in a substantive way, however, aren't reaping the promised
rewards. But that's not stopping...