Commercial Litigation and Dispute Resolution

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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Dispute resolution – check your contract before rushing to a solicitor

by Wright Hassall July 24, 2014 Commercial Litigation and Dispute Resolution

Well drafted contracts usually contain a clause setting out how the parties should deal with disputes. These can be complex clauses requiring several hoops to be jumped through before anyone can issue a claim at court.  They are intended to allow the parties to deal with the dispute well before heavy legal costs are incurred. […]

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Has Social Media Made The Litigation World A Smaller Place?

by Vannin Capital April 1, 2014 Commercial Litigation and Dispute Resolution

Instant global communication and easy access to vast sources of potential evidence: such are the two main tools that social media offers to the world of litigation. Thus, simultaneously social media has both shrunk and enlarged the litigation world. Taking Facebook, Twitter and LinkedIn as the largest social media platforms, the statistics speak for themselves. […]

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Sandusky Victims $60 Million Settlement Highlights Leverage Provided by Expert Witnesses in Sexual Abuse Lawsuits

by theexpertinstitute October 31, 2013 Commercial Litigation and Dispute Resolution

Pennsylvania State University announced on Monday that they will pay an aggregate of $59.7 million to settle claims from 26 victims of sexual abuse. The university’s former assistant football coach, Jerry Sandusky, was unanimously found guilty of 45 criminal counts relating to the sexual abuse he inflicted upon eight young boys he met at The […]

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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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Most Common Contractual Disputes

by Best Solicitors August 26, 2013 Commercial Litigation and Dispute Resolution

Contract Law is one of the biggest areas of law and penetrates all aspects of our lives –from commercial dealings and employment law, to credit agreements and consumer purchases. The formation of a contract is always the same – an offer is made, then once an agreement is reached the acceptance takes place, consideration is […]

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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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What Is The Impact Of The Association Of Litigation Funders’ Code Of Conduct?

by Vannin Capital June 27, 2013 Commercial Litigation and Dispute Resolution

As a relatively new but fast-expanding industry, third party litigation funding has not always been regarded as the most ethical of legal-financial activities.  A nine hundred year legacy of being illegal, because of champerty and maintenance constraints on third parties financing others’ litigation, is not easy to shed. Even after the Jackson Report of 2010 […]

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What Consumers Should Know About Credit Cards

by Adam J Krohn June 13, 2013 Banking

(US law and generally) Credit cards can be very useful if used correctly.  However, if they are not, they can get you into a world of trouble.  On average, an US household holds about $16,000 in credit card debt.  Due to the economy, more and more debt collectors have been retained by these credit card […]

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