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California Court of Appeal Strictly Enforces Carveout Guaranty

In “what appears to be an issue of first impression, not only in California, but in the entire country,” the California Court of Appeal in Series AGI West Linn of Appian Group Investors De LLC v. Eves (June 14, 2013)...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

Microsoft Corp. v. Vadem, Ltd., et al., C.A. No. 6940-VCP (Del. Ch. Apr. 27, 2012) (Parsons, V.C.) - April 27, 2012

In this memorandum opinion, the Court of Chancery reinforced the internal affairs doctrine while dismissing a complaint brought by Microsoft Corporation in connection with the restructuring of Vadem, Ltd., a computer...more

FCA affirms the importance of GAAP in computing liability for LCT rejecting the Crown’s economic substance argument

The Federal Court of Appeal has once again affirmed the importance of Generally Accepted Account Principles (GAAP) in computing liability for the large corporation tax (LCT) applicable prior to 2006 while rejecting the...more

Motion for Sanctions Granted for Failure to Comply with Discovery Obligations to Designate Witness Under Federal Rule of Civil...

Duane Morris recently obtained an order from U.S. Magistrate Judge Jonathan Goodman in the U.S. District Court for the Southern District of Florida granting a motion for sanctions against QBE Insurance Corporation...more

Construction OberView: Condo Unit Owners Have Right of Action Against Council of Unit Owners for Failing to File Timely Suit...

The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more

Consumer Fraud Claims Between Merchants In Commercial Transactions

In my prior articles I’ve reviewed the dramatic changes in the law of late, where New Jersey courts have applied the New Jersey Consumer Fraud Act (“CFA”) in any number of circumstances beyond the consumer context. Opinions...more

Corporate Protection and Negligence Claims in the Construction Industry

Recently the North Carolina Court of Appeals in White v. Collins Building, Inc. et al., addressed the issue of whether a homeowner has a negligence claim against its builder’s principal when the builder was a corporation. The...more

Involuntary Bankruptcy as a Collection Tool

Although the tactic does not receive much publicity, the filing of an involuntary bankruptcy petition against a business debtor can be an effective collection tool under the right circumstances. Learn the requirements and...more

Should I stay or Should I go: Court versus Arbitration

Are you wondering whether Court or Arbitration should be made a standard part of your construction contracts? With apologies in advance to The Clash, there is "trouble" to be found in either venue. This article discusses the...more

Contributory Negligence on the Construction Law Project in North Carolina

I’m sometimes asked if the percentage of “fault” is something that a client can rely on to reduce the amount of money they may owe on construction project gone bad. The short answer: no. Unlike in many other...more

Active vs. Passive Negligence on the Construction Project

If you work on a North Carolina construction project, you, too, are in "the whole hog" if you are negligent. That is, if you are negligent at all, you are on the hook for the full lot. While generally, joint tort-feasors...more

Ohio Supreme Court Update: Preparing Mechanic's Liens on Behalf of Others Without Supervision of an Attorney is Unauthorized...

On August 25, 2010, the Ohio Supreme Court held that a corporation engaged in the unauthorized practice of law by preparing, signing, filing and pursuing affidavits of mechanics’ lien for third parties. In Ohio State Bar...more

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