Business Law Blogs

Business law blog posts published by commercial lawyers, solicitors, attorneys and law firms across the world.

Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply with Discovery Demands

by ASchlossberg September 5, 2017 Blawg

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable demands to produce records and information that are necessary and relevant to the action.  Indeed the frequent reluctance of judges to punish parties for […]

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To Partner or Not to Partner

by ASchlossberg July 20, 2017 Blawg

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there was joint control and management […]

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What Fraud Victims Should Know About Class and Group Actions

by icpc March 4, 2016 Business Law

Victims of fraud often ask us whether they should proceed by way of their own private action, a group action or a class action. The issue often comes down to a question of economics (both for the fraud victims and the law firm being asked to represent them) and litigation strategy. This blog post provides […]

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How to Protect your Ideas with a Non-Disclosure Agreement (NDA)

by Kristina.Jay November 26, 2015 Business Law

As the old saying goes, ideas are as free as the wind, but that doesn’t mean that once you’ve got a brilliant one you’ll just have to go about making it happen without any means of guarding it in the meantime. Just like copyrighting can protect the expression of an idea and patents are meant […]

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Changes affecting Insolvency Practitioners and Directors

by Stephen Downie October 16, 2015 Business Law

Regulations have introduced the key provisions of the Small Business, Enterprise and Employment Act 2015 (“the Act”) as regards its affect on Directors and Insolvency Practitioners.  This introduces very important changes which will have a considerable impact on Directors and the position of Insolvency Practitioners acting as Administrators or Liquidators. The key changes are addressed below. 1.  Insolvency Practitioners – a […]

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The Rising Tide of Settlement

by ASchlossberg July 2, 2015 Business Law

Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could decrease costs and aid in reallocating funds to other ventures. Pre-litigation dispute resolution often benefits all parties involved, minimizing time and cost expenditures […]

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To Contract or Not to Contract

by ASchlossberg May 28, 2015 Business Law

With society rapidly advancing and contract law constantly developing, the simple act of reducing agreements to writing is as significant now as ever. Especially when tens of millions of dollars are on the line. In Power Restoration Int’l, Inc. v. PepsiCo, Inc., 2015 U.S. Dist. LEXIS 32415 (E.D. Pa. 2015), Power Restoration alleged that Pepsico […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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Pub Tenant Landlords and Reform of the Pub Code

by Stephen Downie December 24, 2014 Business Law

Small Business, Enterprise & Employment Bill (“the Bill”) that is proposed to come into force in April 2015. The Bill is currently undergoing readings before the House of Lords following the 1st reading on 19 November 2014 and the 2nd reading on 2 December 2014. It is well publicised that following derestriction of the pub sector in the 1990s a […]

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Setting Up a Business – Types of Funding

by Stephen Downie December 11, 2014 Business

Whilst funding is critical to a company’s business it is also vital to ensure the right product is obtained relevant to the company’s business needs. Whilst there are numerous financial products available out there, the most common forms of lending to companies are as follows: Fixed Charge – this is similar to a personal mortgage […]

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How To Deal With Business Partnership Disputes

by Tim Bishop February 8, 2014 Business Law

Going into business with a partner can be a daunting experience, as there are bound to be a number of complex questions running through your head. How well will you work together? What if you find out you have different ways of doing things? What happens if something goes wrong or the business relationship breaks […]

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At what stage can a Director Disqualification Undertaking be given?

by Andyfwj January 17, 2014 Business Law

An undertaking can be given either before or after the issue of formal legal proceedings by the Secretary of State. Prior to issuing of proceedings As set out already in this blog, before issuing formal proceedings, the Secretary of State will send a section 16 letter to an individual asking whether he/she will agree to […]

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Mims v. Arrow Financial Services, LLC: Lawsuits Stemming from Automated Phone Calls Can be Brought in Federal or State Courts

by Adam J Krohn January 9, 2014 BigLaw

The Telephone Consumer Protection Act (TCPA) was in enacted in 1991 in response to consumer complaints about the abuses of telephone technology. It was determined by Congress that because telemarketers were escaping state prohibitions on nuisance calls, federal legislation was necessary. Some of the invasive telemarketing practice the TCPA bans include: Placing automated calls to […]

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Fraud victims often need to look to the fraudster’s professionals for recovery

by icpc January 9, 2014 Business Law

Fraud victims often discover that the fraudster from whom they are seeking to recover is impecunious, bankrupt, or has transferred assets out of the jurisdiction resulting in a cost prohibitive and uneconomic recovery effort. In cases where the fraudster’s ill-gotten gains cannot be frozen immediately, fraud victims are required to look to third parties who […]

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How to Dissolve a Company in Indonesia

by Taji Sianturi December 11, 2013 Business

Liquidation of the company by virtue of Article 142, paragraph 1 of the Indonesian Law No. 40 of 2007 on Limited Liability Company (“Company Law”) could performed by the following reasons: a. Based on a resolution of the General Meeting of Shareholders (“GMS”); b. Due to the expiry of the company, as prescribed in the […]

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Vincent v. The Money Store: Broadens the “False Name” Exception to the FDCPA

by Adam J Krohn December 10, 2013 BigLaw
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Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

by Adam J Krohn November 28, 2013 Banking

The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer.  Under the FDCPA, 15 USC Section 1692d, debt collectors cannot engage in conduct that is meant to harass, oppress, or abuse a person when attempting to collect a debt.  More specifically, […]

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The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

by Adam J Krohn November 14, 2013 BigLaw

Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them.  They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help them prepare the new rules.  […]

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Debt of a Loved One After Death

by Adam J Krohn November 3, 2013 BigLaw

When a loved one dies it can be difficult to cope, not only with the death but also with the added pressure of creditors who call to collect debts. You may question whether the debt collector can collect on the debt from family members. The answer to that question depends on several factors. Our experienced […]

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What Corporations Should Know About the FCC’s New Telemarketing Rules: Effective October 16, 2013

by Adam J Krohn October 24, 2013 BigLaw

Last year the Federal Communications Commission (FCC) adopted several very significant changes to the Telephone Consumer Protection Act (TCPA).  The changes to the regulations have become effective on October 16, 2013.  Two of the changes include: A requirement that written consent be obtained prior to a business placing a call; and The “established business relationship” […]

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Defendants Will Pay $1 Million to Settle the First Case Brought by the FTC that Alleges Text Messages Were Used in an Illegal Debt Collection Scheme

by Adam J Krohn October 16, 2013 Banking and Finance Law

In the first Federal Trade Commission (FTC) action against a debt collector who used text messaging in their efforts to collect debts in an unlawful manner, the California based collector will pay $1 million to settle the charges that they violated federal law. It was alleged by the FTC that Archie Donovan and two companies […]

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Know When to Settle and When to Go to Trial

by Theodore Spaulding October 4, 2013 Blawg

As an Atlanta attorney trying complex business matters throughout metro-Atlanta, I found a 2008 study finding that settling a case is better than going to trial in most instances rings just as true today as it did five years ago.  The New York Times article outlining the study indicates that “lawyers and clients in civil […]

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The Better Business Bureau Advises Consumers About Legitimate Debt Collectors vs. Scammers

by Adam J Krohn October 3, 2013 BigLaw

The Better Business Bureau (BBB) has recently issued an alert about the growing number of complaints about scam debt collectors over the past year.  The BBB also advised consumers to learn about how to determine what is a legitimate debt collection effort and what is a scam.  This can be a difficult assessment because some […]

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What All Businesses Need to Know about Security

by edralyn October 3, 2013 Business

What All Businesses Need to Know about Security You worked hard to grow your business, and now you’re overseeing a store or office full of employees. Securing your equipment, revenue, and information is probably first and foremost on your list of priorities. So how important is business security? According to the FBI, a burglary is […]

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Are You Eligible for Workers’ Compensation?

by RyanD September 30, 2013 Business

Workers’ compensation is a type of insurance carried by employers. This type of insurance serves to protect both the employee from financial loss due to injury and the employer from negligence lawsuits. Workers’ compensation pays a wage for missed work because of a work-related injury and also covers medical expenses incurred as a result of […]

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