Commercial Law & Contracts | JD Supra Legal News, Updates, Analysis, & Information

How to Avoid Website Liability

by Fred Zemel on 5/24/2012

Your company's website is the world's window into your business. It can also be the source of unlimited liability. Like any other business risk, this potential liability can be managed. First, you need to know the sources...more

Congress Passes Bill Reauthorizing Charter of Export-Import Bank of the United States

by Pillsbury Winthrop Shaw Pittman LLP on 5/23/2012

Congress has passed, and President Obama is expected to sign into law, the Export-Import Bank Reauthorization Act of 2012 (H.R. 2072) extending Export-Import Bank's ("Ex-Im") authority for three years and raising its credit...more

When Do Venture Capitalists Owe Fiduciary Duties To Their Portfolio Companies?

by Keker & Van Nest on 5/23/2012

In the typical venture-backed company, the Board often includes some members designated by the venture capital firms who are investors in the company. When things go awry, lawsuits often follow, and litigators are left to...more

Debtor May Give Consent under TCPA for Collection Calls to Non-Debtor’s Cell Phone

by Ballard Spahr LLP on 5/23/2012

Autodialed or prerecorded collection calls to a non-debtor’s cellular telephone number did not violate the Telephone Consumer Protection Act (TCPA) because the calls were made with the consent of a debtor with “common...more

Long Awaited Tech One Associates Decision Clarifies Taxation of Leasehold Interests

by McNees Wallace & Nurick LLC on 5/23/2012

In a much anticipated decision, the Pennsylvania Supreme Court in Tech One Associates v. Board of Property Assessment, Appeals and Review of Allegheny County, 32 WAP 2010 (April 25, 2012), held there is statutory authority...more

Are Judges Biased Against Consumers?

by John Skiba on 5/23/2012

I know that it is impossible to answer this question. There are thousands of judges in various courts around the nation, not all of them deal with consumer debt issues, and generally the specific facts of a case will guide...more

Three Point Shot - May 2012

by Proskauer Rose LLP on 5/23/2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

Debenture - the new security instrument soon to be introduced in Macedonia

by Karanovic & Nikolic Law Office on 5/23/2012

Originally published in LEGAL AND REGULATORY - Emerging Macedonia | Spring 2012 | Issue 33. The Solvency Problem A number of companies in Macedonia are having problems with maintaining their solvency at a desirable...more

Attorney Fees Properly Awarded Where the Applicable Contract Authorizes An Award "In Any Dispute"

by Barger & Wolen on 5/23/2012

In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more

CFPB To Collect Information on Compliance Costs, Hold Hearing on Prepaid Cards

by BuckleySandler LLP on 5/23/2012

On May 15, the CFPB published a notice and request for comment regarding its collection of information concerning the costs expected to be incurred by institutions required to comply with CFPB rules. The notice identifies...more

Should FTC Protect Gamers Against Unhappy Endings?

by Ifrah Law - Strategic Defense in Federal... on 5/23/2012

Whether you or not you are an avid gamer, you have probably realized that a significant segment of the general population takes gaming quite seriously. Probably a little too seriously sometimes. It seems that the ending...more

Corruption Risks in the Middle East

by Michael Volkov on 5/23/2012

The Middle East is a diverse area with significant disparities in the region. Oil and gas dominate the economies. Cultural and economic factors make compliance extremely difficult in the Middle East. Interestingly, on...more

Ninth Circuit Finds Carmack Amendment Precludes Arbitration Provisions

by Cadwalader, Wickersham & Taft LLP on 5/23/2012

The Ninth Circuit’s decision in Smallwood v. Allied Van Lines, et al., No. 09-56714 (9th Cir. 2011), discusses the important interplay between federal law and private contracts containing arbitration clauses. The topic...more

Federal Bank Secrecy Act Issues for Mobile Payment Systems

by Davis Wright Tremaine LLP on 5/23/2012

In This Presentation: - The BSA from 30,000 Feet - ABCs of the BSA for MSBs - Impact on Customer Acquisition - BSA/AML Enforcement - Current Topics and Resources Excerpt from The BSA from 30,000...more

M&A and Private Equity Update

by Akerman Senterfitt on 5/23/2012

This year’s edition reflects relative consistency of national trends with the prior year. While aggregate transaction activity nationally in 2011 was only marginally higher than in 2010, we are pleased that our clients...more

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Commercial Law & Contracts Updates – May 24, 2012