Commercial Law Blogs

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

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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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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