The Business Dispute Law Blog by Bill Garrison

Archive for the 'law' Category

Class Action Waiver has Uncertain Future

Saturday, February 21st, 2009

In an important case – one in which the opposing parties brought many, many lawyers to the fight – a federal appeals court (the Second Circuit Court of Appeals) rejected a contractual provision aimed at barring merchants from bringing class action claims against AMEX.  LINK
The Court concluded that the expense to be incurred by a single plaintiff merchant bringing such a claim (in this case, an antitrust [...]

Decision: Open Source Developers Protected

Friday, August 29th, 2008

Open source software is unquestionably the modern foundation for much important and even artistic collaborative work product.  Put simply, really great and diverse software is developed through the open source process that could not be otherwise achieved.  
But as open source development advances in its scope and reach, inevitable questions arise as to the rights and responsibilities of the original author, i.e., the [...]

Advice for Solo Practitioners

Monday, December 12th, 2005

Law blogger Carolyn Elefant offers advice to lawyers thinking about hanging up their own shingles in Some FAQ on Solo Practice. In her post she answers a series of frequently asked questions about going solo. For instance, she discusses what you’ll need to start a solo law practice, advice on renting office space or working [...]

‘The first thing we do, let’s kill all the lawyers.’

Tuesday, November 1st, 2005

Ah, yes. This is why people hate lawyers. When a business files bankruptcy, creditors typically lose money, but lawyers usually make a profit. From Law.com:
It’s the business of bankruptcy, and these days, with four major airlines in Chapter 11, it’s big business.
The litany of firms that will provide professional services to Delta and Northwest [...]

Watch Out, Here Comes Personal Responsibility

Thursday, October 20th, 2005

The last potential perk of "supersizing" yourself, a lawsuit blaming your failed health on the Jack in the Box drive-thru, may be nearing its end.  The "Cheeseburger Bill" seeks to eliminate lawsuits alleging harm based upon the fast food industry’s selling of, well, fast food.  The bill has passed the House and is being considered by the Senate.

Bloggers Helping Hurricane Katrina Survivors

Friday, October 14th, 2005

One of our friends at Weblogs Work, Brian Oberkirch, was featured in the Washington Post recently for his efforts to connect people through the Slidell Hurricane Damage Blog and provide neighborhood-specific information:
I was able to get to my apt at the Anchorage Sat 09/03/05," said one message posted yesterday. "Came in thru Eden Isles off [...]

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 [...]