News & Analysis as of

Business Disputes Appeals

Kilpatrick

Texas Business Courts Prepare to Begin Accepting New Cases

Kilpatrick on

This is an update to our firm’s previous article covering the creation of Texas’ new business court system and Fifteenth Court of Appeals. These new courts were created in 2023 by the 88th Texas Legislature and will begin...more

Jones Day

The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

Jones Day on

On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more

Dickinson Wright

Texas' New Business Courts and Court of Appeals

Dickinson Wright on

On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide...more

Patton Sullivan Brodehl LLP

“Business Judgment Rule” Applies to HOAs

California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the...more

Conn Kavanaugh

Backstage Pass: What Lawsuit Pleadings Tell Us About Life In A Rock And Roll Band

Conn Kavanaugh on

In a lawsuit filed in California last year, Journey guitarist Neal Schon alleged that bandmate Jonathan Cain had denied him access to the group’s corporate credit card. Cain alleged in a cross-complaint that Schon’s prior...more

Troutman Pepper

An Inside Look as a Juror - FCRA Focus Podcast

Troutman Pepper on

Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

King & Spalding on

Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Bradley Arant Boult Cummings LLP

Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals...more

WilmerHale

RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas): Judicial Committee of the Privy Council Rules on “Substantial...

WilmerHale on

On 19 April 2021, the Judicial Committee of the Privy Council (“Privy Council”) rendered its decision in RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas) on the requirement under Section 90 of the Bahamas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Taking Control of a Dispute by Filing a Declaratory Judgment and Setting the Stage for a Successful Appeal

For companies involved in an active dispute, filing a declaratory judgment often offers a way to take control of the situation. This strategy comes with significant advantages that not only help pave the way for successful...more

Gray Reed

“No Obligation” Clause Dooms Oil and Gas Asset Bid

Gray Reed on

In Chalker Energy Partners III LLC v. LeNorman Operating LLC, the Texas Supreme Court reaffirmed its belief in the sanctity of the written contract and the freedom of parties to negotiate and agree to contracts as they...more

A&O Shearman

Texas Supreme Court Reaffirms Freedom of Contract and Rejects ‘Partnership by Ambush’

A&O Shearman on

On January 31, 2020, the Texas Supreme Court (the “Court”) affirmed a ruling from the Fifth Court of Appeals in Dallas in the case of Energy Transfer Partners LP et al. v. Enterprise Products Partners LP et al, No. 529 S.W.3d...more

BCLP

Buyer’s Purchase or Seller’s Privilege? Attorney-Client Communications in the Post-Sale Context

BCLP on

Litigators are familiar with the attorney-client privilege as the focus of many discovery disputes, but transactional lawyers increasingly recognize the privilege as an asset that may or may not be part of the bargain in a...more

Patton Sullivan Brodehl LLP

An LLC’s Attorney Represents the LLC’s Members Too, Right?

Not long ago, The LLC Jungle posted an article addressing the perils of attorney representation of an LLC with two equal “co-managing members.”  See Why Having “Co-Managers” for Your LLC is a Terrible Idea. This post...more

Winstead PC

ETP v. Enterprise: Texas Partnership Created by Conduct — A Dog That Won’t Hunt

Winstead PC on

Following Supreme Court arguments last month, the final chapter in the long-running legal battle between Energy Transfer Partners LP (“ETP”) and Enterprise Products Partners (“Enterprise”) is finally coming to an end. ETP is...more

FordHarrison

Non-Compete News: – Georgia Court Interprets Non-Compete Statute's "Sale-of-a-Business" Provision

FordHarrison on

Georgia’s Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) (“RCA”) governs Georgia non-compete agreements entered into after May 2011. Very few courts have interpreted the RCA since its inception. In Bearoff v. Craton,...more

Farrell Fritz, P.C.

A River’s Divide: Time for the Manhattan and Brooklyn Appellate Courts to Agree on Marketability Discount in Fair Value...

Farrell Fritz, P.C. on

The East River and roughly five miles as the pigeon flies separate the equally beautiful courthouses of the Appellate Division, Second Department in Brooklyn and the Appellate Division, First Department in Manhattan. Because...more

Dorsey & Whitney LLP

The Federal Circuit Grapples With a Messy Breakup and Trademark Ownership

Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Federal Circuit provided important guidance on the standard applicable to resolving disputes over the rightful ownership of a trademark where the mark has been used by a group of...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

A decision allowing class-wide arbitration can transform a routine dispute into a “bet the company” problem. Who makes that decision: an arbitrator or a court? The Fourth Circuit Court of Appeals answered that question...more

Mintz - Securities & Capital Markets...

Delaware Legislature Introduces Rapid Arbitration Act

The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide