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Documents on business law
 

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Adobe PDFAttorneys' Fees Provisions: Not a Blank Check to Overreach
Anne E. Kane; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
May 18, 2013, previously published on May 2013
In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise.

 

HTMLFederal Judge Reinstates $203 Million Judgment against Wells Fargo for Overdraft Fees
Lieff Cabraser Heimann Bernstein LLP;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
As reported by the Daily Journal., a federal judge reinstated a $203 million judgment against Wells Fargo Bank NA in a consumer class action over claims the bank unfairly imposed overdraft fees on depositors. U.S. District Judge William Alsup of San Francisco filed the order late Tuesday after his...

 

HTMLHow to “.Com”ply with Disclosure Rules for Digital Advertising - Part 2: Tips for Businesses Advertising Online in the U.S.
Catherine M. Samuel, Meghan Waters; McCarthy Tétrault LLP;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
In Part 1 of this blog series on digital advertising, we canvassed the disclosure rules in light of the recent the U.S. Federal Trade Commission’s recent publication, “.com Disclosures, How to Make Effective Disclosures in Digital Advertising”. In Part 2 of this blog series, we...

 

HTMLMarketplace Fairness Act of 2013 Passes United States Senate
Duane Morris LLP;
Legal Alert/Article
May 16, 2013, previously published on May 9, 2013
On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration.

 

HTMLFlorida Judge Rejects Long-Standing Definition of Express Consent Under Telephone Consumer Protection Act
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
May 16, 2013, previously published on May 13, 2013
On May 8, 2013, Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission’s long-standing definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room at the Westside Regional Hospital in Broward County, Florida...

 

Microsoft WordWhen the Family Business Fails to Plan...They Plan to Fail
Kristin M. Tyler; Gordon Silver;
Legal Alert/Article
May 16, 2013, previously published by State Bar of Nevada, Nevada Lawyer on May 2013
According to the Family Business Institute, only 30% of family businesses survive beyond the founder’s generation. The mean age of control in the family's core company is 60.2 years. Despite this 25% of family business owners entering their senior years haven’t completed any estate...

 

HTMLIs Crowdfunding Investment Coming to Ontario?
David Lowdon; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
May 16, 2013, previously published on May 10, 2013
The passage of the JOBS Act in the United States, which includes provisions for crowdfunding investment, has led to suggestions that Ontario should also allow crowdfunding investment under the Securities Act. The Ontario Securities Commission (the “OSC”), has taken the first step...

 

Adobe PDFNo Termination of Commercial Agreements In The Case Of Insolvency?
Rouven Redeker, Jüergen van Kann; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
May 16, 2013, previously published on May 15, 2013
Commercial agreements usually provide for extraordinary termination rights or even automatic cancellation in the case of insolvency of one of the parties. Such a cancellation right may, however, contradict the general principles of German insolvency law.

 

Adobe PDFLet Us Now Praise¿.Opposing Counsel
Donald W. Hudspeth; The Law Offices of Donald W. Hudspeth, P.C.;
Legal Alert/Article
May 15, 2013, previously published on May 2013
Let us now praise opposing counsel. The good they do can live after them. Roughly, seven out of ten cases the firm receives are in the conflict stage. The client is being victimized by a partner, ex-employee or contract party who is acting unlawfully; that is, creating legal claims. Often the...

 

HTMLDon't Breach a Warranty through Failure to Fulfill a Third Party Contract
Ellen Hughes-Jones, Geoff Mendelsohn; Edwards Wildman Palmer LLP;
Legal Alert/Article
May 15, 2013, previously published on May 2013
When entering into a contract, one party may be asked to give warranties to the other party relating to a number of different aspects of the state of the company, including the status of and ability to perform any third party contracts that party may be involved in. The recent decision of the Court...

 


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