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Established Business Relationship

Freiberger Haber LLP

Unfair Competition: The Bad Faith Misappropriation of Confidential Information For a Commercial Advantage

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In Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 N.Y. Slip Op. 06141 (1st Dept. Dec. 5, 2024) (here), the Appellate Division, First Department affirmed an order involving claims for unfair competition, tortious...more

Dunlap Bennett & Ludwig PLLC

Client-Focused Lawyering: Putting Clients’ Needs First

Regularly, we read from news articles that an entity recently started its own business and entered into a business transaction or agreement with another entity. In response, we sometimes assume such an agreement or...more

Guidepost Solutions LLC

Why Corporate Accountability for Criminal Behavior Makes Due Diligence More Crucial Than Ever

The U.K. Economic Crime and Corporate Transparency Act 2023 (“the Act”), passed in October 2023, strengthens the U.K. Government’s efforts to compel companies to weed out fraud, corruption, and other criminal activity. The...more

LawVision

Mastering the Art of Client Communication on Law Firm Pricing

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A recent article on Law.com, Partners Confront ‘Deeply Uncomfortable’ Client Communications on Soaring Billing Rates, highlighted a growing trend in the legal industry: many firms are shifting away from personal...more

Klein Moynihan Turco LLP

Insurance Company Hit With Do Not Call Class Action Lawsuit

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Hinch Newman LLP

What Telemarketers and Lead Generators Need to Know About the FTC’s TSR Recordkeeping Rules

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As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more

Foley & Lardner LLP

Have You Checked Your Purchase Order? Do You Know Who Your Counterparty Is?

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Do you know who your counterparty is? Most of you reading this article will respond – of course, I do. At the start of the business relationship, accounting performed its due diligence, checking for any red flags to...more

Rumberger | Kirk

The Role Record-Keeping May Play In TCPA Class Cert.

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Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

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The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Faegre Drinker Biddle & Reath LLP

Established Business Relationship Defense Dooms Class Allegations

The Northern District of Illinois recently granted a TCPA defendant’s motion to strike class action allegations, reasoning that individual questions of consent and the availability of the established business relationship...more

McGlinchey Stafford

Can I Stop Invasive Corporate-Wide Discovery? - McGlinchey Commercial Law Bulletin - February 3, 2023

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Ohio- Tortious Interference with Business Relations Emanuel’s LLC v. Restore Marietta, 4th Dist. Washington No. 2023-Ohio-147. In this appeal, the Fourth Appellate District affirmed the trial court’s decision to grant...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Sales Incentives and Rebates: When Customers Extend Terms, Default or File Chapter 11 in the Perfect Storm

The world economy is experiencing the perfect storm of inflation, interest rate increases, supply chain disruption, and a potential global recession. These conditions exert pressure on trading partners who may have nowhere to...more

Troutman Pepper

District Court Applies TCPA “Established Business Relationship” Exception to Permit Customer Calls After Contract Termination

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On July 18, a New Jersey district court ruled that a customer’s contract termination with a merchant does not also terminate the “established business relationship” (EBR) exception for purposes of the Telephone Consumer...more

Faegre Drinker Biddle & Reath LLP

Internal DNC Policies Not Prerequisite to Using EBR Defense, Ohio Southern District Holds

Earlier this month, the U.S. District Court for the Southern District of Ohio clarified that a TCPA defendant need not maintain an internal do-not-call list and policies in order to invoke the “established business...more

Holland & Hart LLP

Drafting Checklist for a Nondisclosure Agreement

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Nondisclosure agreements—called NDAs—are one of the most common types of business contracts. They are used in many situations in the pet care industry—exploring the possibility of mergers and acquisitions of veterinary...more

Blattel Communications

For Client Relationships, Media Success – Local Matters

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Remember Johnny Cash’s song “I’ve Been Everywhere?” Well, that’s me. Started in the Philadelphia area, went to college in New England, moved to California for six years, then Upstate New York for three and now the Washington,...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Firesign | Enlightened Legal Marketing

It’s Q4. Do You Know Where Your Marketing Budget Is?

Move over, Halloween and Thanksgiving: It’s law firm budget season. Although budgeting is never a particularly fun exercise, creating the 2022 law firm marketing budget brings with it enduring baggage from the COVID-19...more

Foley & Lardner LLP

Is it Unfair to Restrict Unfair Competition? The FTC May Soon Make Their Stance Known

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If you utilize non-competition agreements in your business to protect your trade secrets, customer goodwill, and business relationships, then today’s update is an important one for you. Earlier this month, the Federal...more

Firesign | Enlightened Legal Marketing

How to Write Case Studies That Close Business

Attorney experience: It’s the No. 1 selection factor for prospective clients, beating out firm brand, pricing and more. Indeed, clients want attorneys who can solve problems like theirs; clients want to see you’ve been there...more

Morgan Lewis

What to Know When Terminating Contracts Governed by French Law or Involving French Parties

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Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party...more

Jones Day

Back on Top: Australian Court Affirms the "Peak Indebtedness Rule" in Unfair Preference Claims

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The Situation: When determining and quantifying unfair preference claims in Australia, does the Corporations Act permit liquidators to value transactions forming part of a single "continuous business relationship" (such as a...more

BakerHostetler

Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing...

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A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v....more

American Conference Institute (ACI)

[Webinar] CFIUS in the Time of Covid-19: Addressing Dealmakers’ Top 5 Biggest Questions - May 19th, 1:00 pm - 2:00 pm EST

Looking for authoritative information about the latest developments and challenges the current crisis will raise in CFIUS? During these uncertain times, dealmakers and their counsel have many burning questions surrounding...more

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