The Business Dispute Law Blog by Bill Garrison

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 [...]

Texas, like many other states, has passed legislation designed to address the ever-growing problem of identity theft.  The newly-added Identity Theft Enforcement and Protection Act (Chapter 48 of the Business and Commerce Code) requires businesses of all sizes to implement and maintain reasonable procedures to protect "sensitive personal information."   Further, "[i]f an information security breach [...]

The United States has accused the European Union of illegally subsidizing Airbus, an aircraft manufacturer. In response, the E.U. says it’s prepared to sue Boeing for benefiting from illegal subsidies. Both cases would go to the World Trade Organization.
The two sides have operated since 1992 under an agreement allowing Airbus to receive a certain amount [...]

Recently, during the course of a lengthy jury trial in Austin, my California co-counsel and I discussed what each of us considered to be the most important elements of successful litigation.  We both agreed that successful litigation — or at least efficient successful litigation — is all about knowledge management, i.e., "accessing, evaluating, managing, organizing, filtering, and distributing [knowledge regarding the facts [...]

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 [...]

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 [...]

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. 

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 [...]

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 [...]

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 [...]