Commercial Law & Contracts, Business Torts, International Law & Trade

Enforcing Contractual Indemnity Litigation Against Chinese Companies

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

by Leigh Duthie, Alex Hartmann | Baker & McKenzie Australia on 5/9/2013

There is an increasing trend in the UK towards accepting a blanket notification of claims, or circumstances that might give rise to a claim, as valid notification under an insurance policy. Australian companies should...more

SDNY Imposes Second Highest Penalty Under Foreign Corrupt Practices Act

by Tenley Mochizuki, Emily Stern | Katten Muchin Rosenman LLP on 4/30/2013

The US District Court for the Southern District of New York recently ordered Uriel Sharef, a former Siemens AG board member and German citizen accused of bribing Argentine government officials, to pay a $275,000 civil penalty...more

Liability of Directors in Canada – An Excerpt

by Ellyn Law LLP on 4/10/2013

This article is an excerpt of the Canada Chapter of International Liability of Corporate Directors, 2nd edition, published by Juris Publishing in February 2013. This excerpt excludes numerous aspects of the full chapter,...more

Judge Upholds U.S. Automobile Dealers In Fraud and Conspiracy Lawsuit Against Indian Truck Manufacturer Mahindra

by Michael Diaz Jr. - Diaz Reus International... on 3/8/2013

Originally published in PR Newswire on March 7, 2013 A federal judge has upheld a lawsuit by U.S. automobile dealers accusing Indian truck manufacturer Mahindra & Mahindra, Ltd. and its U.S. counterpart of fraud,...more

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

by David J. Levine, Raymond Paretzky | McDermott Will & Emery on 2/22/2013

The False Claims Act may furnish a powerful new tool for U.S. producers that believe their foreign competitors are evading antidumping/countervailing duty or other customs duties by misclassifying imports or misrepresenting...more

A Win for Employers: Greater Obligations on Some Departing Employees

by Joel Fairbrother | Field Law on 2/8/2013

SYNOPSIS - Evans v The Sports Corporation, 2013 ABCA 14 is the latest case from the Alberta Court of Appeal dealing with the obligations of departing employees to their former employers. Evans is important because it...more

Skadden, Arps, Slate, Meagher & Flom LLP

"SEC Enforcement in the Second Term of the Obama Administration"

by Joshua Ellis, Louis Greenstein, Andrew Lawrence, Colleen Mahoney, Erich Schwartz, Charles Smith, Charles Walker | Skadden, Arps, Slate, Meagher & Flom LLP on 1/23/2013

As the second term of the Obama administration begins, the SEC is experiencing a profound leadership transition, with the departures of agency Chair Mary Schapiro; Director of Enforcement Robert Khuzami; its general counsel;...more

Top Ten China Mistakes For Businessmen

by Robert Freedman - Partner at Tharpe & Howell,... on 11/21/2012

We recently came across a list of the top ten mistakes businessmen make in China. It was written by the President of a consulting company based in Los Angeles that assists small to medium sized companies in their Asian and...more

SBA Rules Changes – Definition of a Small Business

by Peter Bauman - Senior Associate at Tharpe &... on 11/14/2012

In the quest to compete and survive, small businesses should embrace all opportunities for revenue growth available to them. One of the largest potential customers in the world is the US Government. Small businesses have a...more

Corporate E-Review: Strategic Lessons Arising From Canadian and U.S. Judicial Consideration of Confidentiality Agreements - Oct...

by Osler, Hoskin & Harcourt LLP on 10/17/2012

Judicial decisions in Ontario and, more recently, Delaware have transformed restrictions on use of shared information commonly found in confidentiality agreements into de facto standstill provisions. Each of the Ontario...more

IP UPDATE: ACTA May Need a Second Act

by Robert Freedman - Partner at Tharpe & Howell,... on 10/12/2012

The Internet has created a number of challenges for rights holders and the law. The Anti-Counterfeiting Trade Agreement (ACTA) – a plurilateral agreement that seeks to establish worldwide standards for enforcing Intellectual...more

Top Ten China Mistakes For Businessmen

by Peter Bauman - Senior Associate at Tharpe &... on 10/12/2012

We recently came across a list of the top ten mistakes businessmen make in China. It was written by the President of a consulting company based in Los Angeles that assists small to medium sized companies in their Asian and...more

Corporate Sustainability and Social Entrepreneurship

by Robert Freedman - Partner at Tharpe & Howell,... on 10/6/2012

Corporate sustainability and social entrepreneurship are the driving forces behind an increasing number of business decisions made on a daily basis. They represent a growing trend that melds traditional corporate purpose,...more

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

by Peter Bauman - Senior Associate at Tharpe &... on 10/2/2012

The industry for remanufactured printer/toner cartridges has flourished for years as users purchase replacements from third party suppliers who fill a need and offer print supplies at prices significantly lower than those...more

Block Billing by Law Firms Costs Clients Millions in Just Three Lawsuits

by Grant Stiefel on 9/10/2012

In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more

Creating Simple and Enforceable Contracts: Lofty Goal or Foolish Fantasy?

by Peter Bauman - Senior Associate at Tharpe &... on 9/7/2012

Some argue that contracts need not be “filled with mind-bending legal gibberish” and that plain simple everyday language will suffice. Perhaps attorneys need to take a deep breath of fresh air and let go of the legal...more

The Importance Of China Due Diligence And Corporate Seals

by Robert Freedman - Partner at Tharpe & Howell,... on 9/4/2012

It’s common knowledge that doing business in China or with Chinese companies can be complicated and risky. But did you know that among those risks is the real possibility that you may be dealing with an imposter, either a...more

Corporate Sustainability and Social Entrepreneurship Part Two

by Peter Bauman - Senior Associate at Tharpe &... on 9/4/2012

As a purely legal matter, corporate sustainability and social entrepreneurship require that we begin by asking the following question: Does the law of corporate governance permit social good as a primary focus and aim of...more

Bank Hapoalim Brings $361M RMBS Lawsuit Against JPMorgan

by Orrick - Structured Finance Group on 8/22/2012

On August 10, Bank Hapoalim BM, an Israeli bank, filed a summons with notice against JPMorgan Chase & Co. in New York state court in connection with its purchase of $361 million in residential mortgage-backed securitites....more

Entrepreneurs and Business Development Around the World

by The Law Offices of Donald W. Hudspeth, P.C. on 8/12/2012

Introduction, Small Business and Southern Europe’s Economic problems. Because my Arizona business law firm represents businesses and start ups, both locally and from around the world, I was curious about the role ...more

What Business Owners Should Look for in a Business Law Firm and Business Legal Representation

by The Law Offices of Donald W. Hudspeth, P.C. on 8/12/2012

In selecting a law firm for an owner-operated small or medium sized business (aka “SMB’s”), we can start with some basic positions: 1. The law firm client is well advised to choose a lawyer, not a firm.... 2. Many...more

Starting Your Own Law Practice

by The Law Offices of Donald W. Hudspeth, P.C. on 8/12/2012

IV. Conclusion. This brief article can get you started. The underlying question is whether you are cut out for owning and operating your own practice. I have had brilliant attorneys who wanted to practice law, not...more

U.S. Senate Hearing On Corporate Sustainability and Social Responsibility

by Robert Freedman - Partner at Tharpe & Howell,... on 8/4/2012

The need to standardize methods for measuring a company’s environmental performance was discussed by several environmental policy executives for major corporations, testifying on May 16, 2012 in Washington D.C. before the...more

TRANSACTIONAL: Corporate/London: Looking Around the Corporate Veil by Hywel Jones

by King & Spalding on 8/3/2012

International energy agreements frequently incorporate UK law in choice-of-law clauses. Legal principles developed by British courts thus have the potential to affect wide-ranging operations of energy-related companies,...more

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Commercial Law & Contracts › Business Torts › International Law & Trade

Enforcing Contractual Indemnity Litigation Against Chinese Companies

Increasing trend towards blanket notifications means companies should consider early notification of claims: Baker & McKenzie

SDNY Imposes Second Highest Penalty Under Foreign Corrupt Practices Act

Liability of Directors in Canada – An Excerpt

Judge Upholds U.S. Automobile Dealers In Fraud and Conspiracy Lawsuit Against Indian Truck Manufacturer Mahindra

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

A Win for Employers: Greater Obligations on Some Departing Employees

"SEC Enforcement in the Second Term of the Obama Administration"

Top Ten China Mistakes For Businessmen

SBA Rules Changes – Definition of a Small Business

Corporate E-Review: Strategic Lessons Arising From Canadian and U.S. Judicial Consideration of Confidentiality Agreements - Oct...

IP UPDATE: ACTA May Need a Second Act

Top Ten China Mistakes For Businessmen

Corporate Sustainability and Social Entrepreneurship

Canon And Lexmark Litigation Lead To Uncertainty In Print Toner/Cartridge Industry

Block Billing by Law Firms Costs Clients Millions in Just Three Lawsuits

Creating Simple and Enforceable Contracts: Lofty Goal or Foolish Fantasy?

The Importance Of China Due Diligence And Corporate Seals

Corporate Sustainability and Social Entrepreneurship Part Two

Bank Hapoalim Brings $361M RMBS Lawsuit Against JPMorgan

Entrepreneurs and Business Development Around the World

What Business Owners Should Look for in a Business Law Firm and Business Legal Representation

Starting Your Own Law Practice

U.S. Senate Hearing On Corporate Sustainability and Social Responsibility

TRANSACTIONAL: Corporate/London: Looking Around the Corporate Veil by Hywel Jones

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