The Business Dispute Law Blog by Bill Garrison

Archive for August, 2005

More on Corporate Buy-Sell Agreements

Friday, August 26th, 2005

As a follow-up to my previous post, The Most Important Contract, I found an interesting post by Chris Mercer from Mercer Capital titled, Your Corporate Buy-Sell Agreement: Ticking Time Bomb or Reasonable Resolution? 

Chris describes some basic problems he sees with Buy-Sell Agreements:

     • Never updated (10 year old agreements might be a bad idea) [...]

Should the Firm Eat the Cost?

Friday, August 26th, 2005

Lawyers are in business to make money, but how far should they go to collect client fees?
James and Erin Abercrombie fought for three years to keep a subdivision from being built near their home. They incurred more than $92,000 in legal fees and are about $370,000 in debt. On top of all this, their [...]

Did Microsoft ‘Kill’ Kaplan?

Friday, August 26th, 2005

Bill Gates may as well prepare himself for perpetual litigation. It all began back in 1998 when the Department of Justice and 19 states sued Microsoft for anti-trust violations. The company was accused of bundling Internet Explorer with the Windows operating system, effectively cornering the browser market. In the latest flap, a man named Jerrold [...]

The most important contract: The Buy-Sell Agreement

Thursday, August 25th, 2005

Ironically the buy-sell agreement is the most imporant contract most business owners never take the time to make. California lawyer Clark Allison has a two part series covering Buy-Sell Agreements. His first example described the death of a partner whose family inherits his partner’s share of the business. Clark assumes that the [...]

Foreclosure Litigation in 9th Circuit

Thursday, August 25th, 2005

Cathy Kirkman, of Wilson Sonsini, posted an interesting decision by the 9th Circuit regarding the foreclosure and sale of O.J. Simpson’s Los Angeles home.
The facts are interesting; basically Hawthorne Savings loaned Simpson money, secured by his LA home, to pay for his legal defense. The home went into foreclosure in 1997 and [...]

Lying in Court?

Thursday, August 25th, 2005

Seth Godin, bestselling author and entrepreneur, suggests that storytelling is essential to winning over the jury. You can view his post here. More interesting is a post South Carolina lawyer David Swanner made referencing Seth’s post. David indicates, “Storytelling is important to help people learn and understand the facts. However at least [...]

Delaware Court Decision Addresses Rights of Corporate Directors and Officers

Thursday, August 25th, 2005

The 10B-5 Daily points to an interesting overview in the New York Law Journal on the subject of the rights of corporate directors and officers to indemnification and the advancement of attorney’s fees and litigation expenses.
[via]

Texas Jury finds Merck liable to the tune of $253MM

Thursday, August 25th, 2005

In the first of thousands of Vioxx lawsuits, a Texas jury found Merck and Co. liable for the death of a man taking its arthritis drug Vioxx and awarded his widow $253MM. [via]

US District Judge Janis Graham Uncovers Bogus Claims

Thursday, August 25th, 2005

John from The Legal Reader has been tirelessly blogging about a mass tort scheme involving 10,000 plaintiffs diagnosed with silicosis. He suggest that, “if they give awards for judicial integrity, a special one should go to U.S. District Judge Janis Graham Jack of Corpus Christi, Texas. Thanks to her painstaking 249-page order issued on [...]