Business Litigation

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Litigation and enforcement in Japan: overview

What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation - Litigation is the most frequently used dispute resolution method to settle large...more

Changes Coming for NC's Business Court

Senators Rucho and Barringer filed SB 853 - An Act to Modernize the Business Court by making Technical, Clarifying, and Administrative Changes to the Procedures for Complex Business Cases this week. The bill was referred to...more

Focused on Franchise Law - May 2014

FRANCHISOR 101: When is Unreasonable, Reasonable? Crown Imports, LLC (Crown) imports Corona beer from Mexico. In 2008, two of Crown's Southern California distributors, Classic and HBC, agreed that Classic would buy...more

Summary Update On The Law Of Chapter 93a

Standards Governing Business Claims Under 93A ¦ Higher standard applies for business plaintiffs. More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to...more

Banking Disputes Quarterly - Q2 2014

In This Issue: - On The Horizon - Recent Developments & Cases - Spotlight On - Excerpt from On The Horizon: Progress towards a European Account Preservation Order - Progress has been made on...more

Queen v. Schultz

Queen v. Schultz - USCA, D.C. Circuit, April 4, 2014 - Defendant Ed Schultz is a radio and television personality currently hosting “The Ed Show” on the MSNBC network. Plaintiff Michael Queen is an NBC employee who...more

A Million Dollars In Fees For Class Counsel in Wachovia/Wells Fargo Merger Lawsuit

When I first looked at Judge Murphy's (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys' fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was...more

Monetary Threshold For Commencing Cases In Manhattan’s Commercial Division Raised to $500,000

New York court officials have approved an amendment to Section 202.70(a) of the Commercial Division Rules, which will increase in the minimum monetary threshold of $150,000 to $500,000 for the commencement of lawsuits to be...more

Bernstein Shur Business and Commercial Litigation Newsletter #36

We are proud to celebrate three years of the Bernstein Shur Business and Commercial Litigation Newsletter with this 36th edition. This month, we highlight developments in the following areas, which are likely to have an...more

Business Litigation Reporter

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International...more

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

The Overlooked Characteristic of the Most Effective Business Litigators

When lawyers and laypersons alike think about the qualities of outstanding litigators, certain words and images invariably spring to mind: passionate and zealous oral advocacy; a meticulous and thoughtful strategist; or...more

Business Litigation Report -- July 2013

In This Issue: Main Article: ..“Gray-Market” Goods Now Less Gray Practice Area Notes: ..Trial Practice Update ..Structured Finance Litigation Update ..Russia Litigation Update ..White Collar...more

Business Litigation Update: When Settlement Agreements Settle Nothing

In business, there is an absolute need for certainty. With the interminable uncertainty posed by the litigation process, businesses frequently “purchase” certainty by agreeing to settle a lawsuit, oftentimes at amounts which...more

Florida Adopts New Standard Jury Instructions for Contract and Business Cases

Florida’s Supreme Court recently adopted new standard jury instructions for contract and business cases. The instructions, drafted over a period of six years by a committee of Florida trial and appellate lawyers and judges,...more

DISPUTE RESOLUTION - Oil & Gas Litigation - Heightened Scrutiny of Pipeline Companies' Common Carrier Status Perhaps a New Reality

Two recently-decided Texas cases illustrate that heightened scrutiny of pipeline companies' status as common carriers may be applied when landowners challenge their ability to secure easements by eminent domain. ...more

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

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