News & Analysis as of

General Business Civil Procedure

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Should Your Consumer Arbitration Clause Be Broader?

by Foley & Lardner LLP on

After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions....more

Intellectual Property for the Construction Industry

by Nexsen Pruet, PLLC on

Whether you realize it or not, contractors, subcontractors, owners and material suppliers face a myriad of issues related to intellectual property during a complex construction project, including patents, copyrights,...more

The Federal Arbitration Act Does Not Grant Arbitrators The Power To Compel Pre-Hearing Production Of Documents From Non-Parties

by Carlton Fields on

While the FAA grants arbitrators authority to compel non-parties to appear before them and produce documents at a hearing, it does not authorize them to compel pre-hearing production. The Ninth Circuit Court of Appeals joined...more

Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law

by Farrell Fritz, P.C. on

As LLCs have become the dominant form of closely-held business in New York, cases involving dissolution of partnerships have become more and more rare. Section 63 of the Partnership Law is the statute governing judicial...more

Court Says Don’t Cry Over Steamed Milk

by Reed Smith on

A federal court granted Starbucks’ motion for summary judgment in a putative class action in which plaintiffs alleged Starbucks underfills lattes and mochas. The plaintiffs alleged that the underfilling of Starbucks drinks...more

How Simon Finally Stopped Retail Stores from Closing

by Arnall Golden Gregory LLP on

A major retail landlord recently won a case that is reverberating throughout the retail industry. An Indiana Superior Court Judge has granted Simon Property Group’s (“Simon’s”) request to enjoin Starbucks from closing 77 of...more

Thoughts From the BAP on How to (re)Define an “Executory Contract”

Making a quiet entrance into the public realm during the final week of last year, a new opinion from the United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) suggests that it is time to revisit the...more

Consumer Class Actions Take a Hit: Court Holds Made-For-Outlet Products Not Deceptive

by Bryan Cave on

In the face of a growing number of lawsuits against retailers for deceptive sales, advertising and pricing practices, a California court recently affirmed dismissal of a consumer’s false advertising lawsuit against The Gap,...more

Litigation. Major Russian legislation changes for 2017

by Dentons on

Change in the rules for applying the mandatory pre-arbitration dispute resolution procedure when filing with Russian commercial courts - Amendments to Article 4(5) of the RF Commercial Procedure Code entered into force on...more

Mount Sinai Health System Defeats TCPA Action For Flu Shot Reminder

by Ifrah PLLC on

No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter. David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently...more

Important Consequences: New Fifth Circuit Test For Determining Nature of Offshore Contracts

by Reed Smith on

The Fifth Circuit standard for determining whether a contract is maritime in nature has often been criticized by practitioners and members of the court for its complexity. In a January 8, 2018, en banc decision, the court...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

by Lane Powell PC on

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

by Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

Snowmen In August: Strict Compliance And Government Waiver of Contract Requirements

The Government “can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract].” Rixon Electronics, Inc. v. United States, 536 F.2d 1345, 1351 (Ct. Cl. 1976). And the contractor generally...more

No Privity, No Problem: Louisiana Court Of Appeals Holds That Project Manager Owes A Duty Of Professional Care To General...

by Pepper Hamilton LLP on

Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to...more

Craigslist’s “Virtual Presence” Enough for B.C. Court’s Jurisdiction

by Bennett Jones LLP on

Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

First Department Affirms that an LLC’s Operating Agreement Trumps Delaware Law

A unanimous panel of the Appellate Division, First Department recently affirmed a ruling by the Commercial Division dismissing causes of action against the ACE Group International LLC (“AGI”) brought by the estate of the...more

Expect Focus - Life Insurance, Volume IV, December 2017

by Carlton Fields on

EXPECTFOCUS is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. Please see full Newsletter...more

Special Proceeding Seeking a Judicial Decree to Dissolve an LLC

In Advanced 23, LLC v. Chambers House Partners, LLC, No. 650025/2016, 2017 BL 462831 (NY. Sup. Ct. Dec. 15, 2017), Justice Saliann Scarpulla of the Commercial Division ruled that Advanced 23, LLC (“Advanced”) and David...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

John Flannery’s been working hard to right the ship at GE, but the seas have turned choppy again this week on news that the company’s taking a $6.2 billion Q4 write-off “after conducting a review of the insurance portfolio...more

Supreme Court to Review SEC ALJs

by Burr & Forman on

On January 12, the US Supreme Court agreed to review the constitutionality of the SEC’s administrative law judges. On November 29, 2017, the SEC did an abrupt about-face, telling the Court it now regards its ALJs as...more

Supreme Court Will Hear Lucia’s Challenge to Appointment of SEC ALJs

by Ballard Spahr LLP on

On January 12, 2018, the U.S. Supreme Court agreed to hear the Lucia case in which Raymond J. Lucia is challenging how the SEC appoints administrative law judges (“ALJs”)....more

N.C. Appellate Court Refuses to Declare Noncompete Invalid Prior to Discovery

In some situations, lawyers can determine that post-employment noncompetition agreements are likely to be declared automatically invalid. For example, a North Carolina employer that attempts to obtain a five year...more

Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection

by Sullivan & Worcester on

(Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal...more

11,692 Results
|
View per page
Page: of 468
Cybersecurity

Follow General Business Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.