Commercial Law Blogs

Commercial law blogs and blawgs, published by commercial lawyers and business law firms.

Changes affecting Insolvency Practitioners and Directors

by Andy Wilks, FWJ October 8, 2015 Commercial Law

As from 1 October 2015, 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. […]

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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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Contract Terms Have Teeth

by ASchlossberg June 15, 2015 Commercial Law

Often parties to contracts want sympathy and their understanding of terms to impact on the interpretation of those terms by a judge when things go south. However, if the contract terms are clear, it doesn’t matter what one party’s understanding may or may not have been. In Moutopoulis v. 2075-2081 Wallace Ave. Owners Corp., 2015 […]

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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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Depositions: A New Direction for New York

by ASchlossberg February 9, 2015 Administrative Law

Depositions: A New Direction for New York New York is making a significant change on the deposition front. A new deposition rule for the New York Commercial Division is on the horizon. Effective April 1, 2015, under Administrative Order 336a/14, New York courts will enact Rule 11-d of Section 202.70(g) per a December 22, 2014 […]

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Misappropriation in the 21st Century

by ASchlossberg October 30, 2014 Commercial Law

There may be no more perplexing legal issue in today’s fast-paced, exploitative world of apps, smart watches and 4G than protecting one’s work product. Commercial Division Justice Melvin L. Schweitzer recently ushered New York into the 21st century by creating a new cause of action in Schroeder v. Pinterest, Inc., 2014 N.Y. Misc. LEXIS 3083, […]

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3 Common Types of Commercial Litigation Cases

by MrMilesYoung February 6, 2014 Commercial Law

(US law/generally) Hopefully you’ll never find yourself in litigation, but sometimes, it’s inevitable. It’s important, then, that you understand a few of the more common types of commercial litigation cases. If you find yourself in a case, chances are that your case falls into one of the three most common categories: Breach of Contract In […]

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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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Civil Trial in Indonesia – Overview

by Taji Sianturi December 12, 2013 Commercial Law

Indonesian Litigation Procedure on Civil Law/Case is basically regulated by two regulations, the Herziene Inlandsch Reglement (HIR) and the Rechtsreglement voor de Buitengewesten (RBg.). Indonesian trial systems do not use juries. Instead, decisions are made by a panel judges. One of these judges is the Chair (ketua) and is usually more senior than the other judges.  Lawyers are placed […]

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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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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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Further Crackdowns on Abusive Debt Collectors: FTC Issues Fines and Steps up FDCPA Enforcement to Protect You

by Adam J Krohn July 31, 2013 Blawg

Consumers who are deep in debt have enough to worry about without being continuously harassed by debt collection companies.  According to federal data, there are around 30 million Americans that have debt that is under collection.  Some of the abusive debt collectors make harassing phone calls, sometimes even late at night.  They may also use […]

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U.S. Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

by Adam J Krohn July 18, 2013 Blawging

(First published at  http://www.westopdebtcollectors.com/blog/us-consumer-bureau-plans-to-crackdown-on-abusive-debt-collectors.html) There are more than 4,500 collection firms in the United States.  While many debt collectors follow the rules laid out under the Fair Debt Collection Practices Act (FDCPA), there are others who do not because they did not fall under the FDCPA’s jurisdiction.  Debt collection complaints are common, with more complaints […]

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Will Lehman Brothers Compensate Australian Churches, Charities and Local Governmental Councils?

by jiffee July 2, 2013 Commercial Law

Ever since the financial collapse of 2008, investors from around the world have attempted to recoup their investments from American banks and financial entities. Lehman Brothers is just one example of many financial firms that failed in 2008, and it has had to deal with the aftermath of this failure. Part of this aftermath has […]

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TCPA Damages Ruled to be Remedial in Illinois

by Adam J Krohn June 20, 2013 Business Law

The Telephone Consumer Protection Act (“TCPA”) prohibits several telemarketing practices (such as sending spam faxes).  Under the TCPA there is a private right of action, along with the ability to seek $500 in damages for every violation (for every unsolicited fax) or the possibility of treble damages (when unsolicited faxes are sent willfully and knowingly).  […]

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Paddy Power Beats the Odds in Licence Appeal Case

by EdwardHandsandLewis June 20, 2013 Blawg

  By Sanveer Sandhu After being locked in a struggle with Newham Council, Paddy Power has won its appeal after the London council refused to allow it to open a betting shop in the area.   Paddy Power had originally been refused a licence application to open a new shop in Newham, which would have […]

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Will the Energy Act 2011 affect you as a commercial landlord?

by EdwardHandsandLewis May 21, 2013 Blawg

By Eleanor Robinson The Energy Act 2011 will not come into force until 1 April 2018, but commercial landlords are advised to start planning now, or face great difficulties in the future. The Act will introduce a minimum acceptable energy level rating (currently suggested to be an E rating). Any building rated lower than this […]

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The Role of Medical Care & Documentation in Workers’ Comp Claims

by Molly P. April 18, 2013 Accident Claims

Being injured while on the job can be a very disheartening occurrence. The thought of a person being prevented from earning money by being injured at the place that they earn that money is sometimes more than some can deal with. Luckily, workers’ compensation insurance, in most cases, takes care of people injured while at […]

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Five Important Skills for a CIA Agent

by edralyn December 13, 2012 Commercial Law

You might have often wondered how the CIA chooses their agents, and maybe you’ve even dreamed of becoming the ideal recruit for the agency. But what are the requirements? CIA agents should be physically fit, that’s true. You’ve seen them running over rooftops in movies enough to know that. But working for the CIA also […]

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Non-Compete and Non-Disclosure for Entrepreneurs, Small Business Owners, Employers and Employees

by foxhovenlaw01 November 22, 2012 Business Law

(US law and general legal information) Contracts are an essential part of doing business. Whether you are signing on new clients, working to build a business from the ground up, or hiring new employees to take your business to the next level, contracts are fundamental to every business transaction. Contract law, a facet of common […]

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The Origins of Auction Etiquette

by GuestBlogger November 19, 2012 Commercial Law

Overview Auctions offer a highly organized method to sell goods quickly while maximizing the value of the items. Complex, eloquent auction etiquette has developed over time. Today, when we think of auctions, we think of a bid-happy crowd of spectators enthusiastically watching the auctioneer, who speaks with exceptional speed and command. Though auction styles vary […]

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What do zero hour contracts mean for workers?

by Redmans Solicitors October 4, 2012 Commercial Law

The concept of “zero hour contracts” can be a confusing one for both businesses and workers. This post will therefore look at this concept and try to clarify what a zero hours contract is and what working under a zero hour contract means for workers. This will entail looking at the following issues: What is […]

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