The Business Dispute Law Blog by Bill Garrison

Archive for September, 2005

The Troublesome Non-Compete Agreement

Tuesday, September 27th, 2005

Non-compete agreements.  They need not be particularly complicated nor difficult to create, yet these employment contracts are very often the subject of controversy and even litigation.  Why? 
Simply this … such agreements are seldom audited, i.e., considered and crafted in light of the circumstances to which they are meant to apply.  More often than not, neither the employer [...]

Where the Client Bears the Risk, the Client Should Gain the Reward

Friday, September 23rd, 2005

Attorneys are frequently overcompensated in circumstances where they subject themselves to little financial risk and invest little effort in a case.  Someone pays for this unearned benefit.  Usually, that someone is the client.  Class action lawsuits are frequently the setting for such abuse.  In one prominent case, the recent Cox Enterprises buyout of minority shareholders, the Delaware Chancery Court [...]

BlackBerry at Risk in U.S.

Tuesday, September 20th, 2005

Addicted to your BlackBerry?  A Federal court injunction puts the future of the BlackBerry at risk in the U.S. market.  The litigation has yet to settle, the details can be found here. 

Rick Perry Recalls Texas Forces from Louisiana to Prepare for Rita

Tuesday, September 20th, 2005

Hoping to avoid another disaster debacle, Gov. Perry recalled the Texas National Guard, Texas Task Force 1 and other emergency personnel and equipment from Louisiana in anticipation of Tropical Storm Rita entering the Gulf of Mexico. Current projections indicate that Rita will continue to strengthen into hurricane force and could threaten the Texas coast by [...]

PACER – 500,000 Users and Growing

Tuesday, September 20th, 2005

Public Access to Court Electronic Records (PACER) reached 500,000 users in September and is growing.  The service allows anyone with a computer to access information from federal courts.  [via]

Avoiding the Latest Potential Liability: Whistleblower Complaints

Tuesday, September 20th, 2005

Under the Sarbanes-Oxley Act, complaints made by whistleblowers (persons who maintain and act upon a subjectively- and objectively-reasonable belief of corporate wrongdoing) represent a very significant potential source of civil and criminal liability. 
A company can minimize such risk by taking the few important actions suggested by the authors of "Whistleblowing Claims Under Sarbanes-Oxley":
1. Publish to all employees policies and procedures intended to [...]

Never do it before talking to an Attorney!

Tuesday, September 20th, 2005

Never do what?  Choose a Business Form silly!  Here are 10 great reasons why:
10. Contracts. Most businesses execute contracts for space, services, and supplies. Businesses often have agreements between partners, investors, and employees. It is important to get it right so you don’t end up in court.
9. Registering, Licensing, and Permits. Some business entities [...]

Choosing a Business Form (Do’s and Don’ts)

Tuesday, September 20th, 2005

THE DO’s
DO know the tax and personal liability consequences of a business entity before making your choice.

DO develop a business plan. Your business plan may dictate the options you have in choosing a business form.
DO strictly meet the state requirements if your business entity is required to file organizing documents with the state.
DO ask your [...]

Why weblogs work for lawyers.

Thursday, September 15th, 2005

The guys at Weblogs Work are doing a series of interviews with lawyers who blog over the next week.  The first installment begins tomorrow with their interview with Branham & Day.  Here is the lineup:

Part I: Branham & Day
Part II: Denise Howell Esq.
Part III: Mark Hall of Babst, Calland, Clements, Zomnir
Part IV: Robert Williamson Esq. [...]

Rome Sacked Again…

Sunday, September 11th, 2005

Lyle Roberts and Peitro Adami point us to Aguayo v. Republic of Italy, 05 CV 7717 (S.D.N.Y.) a case in which a plaintiff has brought suit against Italy and the underwriters of its debt issued in the United States.  It is common to see securities class action by foreign investors in U.S. securities and by [...]