Features
DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture
Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),
Features
A Daubert Checklist
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
Features
Confronting the Forensic Facts
A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, <i>Crawford v. Washington</i> and <i>Melendez-Diaz v. Massachusetts</i>, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government
Features
Counsel Concerns
Knowledge of Royalty Settlement Starts Malpractice Limitations Period
Features
'Voodoo Information': Authenticating Web Pages In Federal Court
During the life of any case, there will likely be valuable information obtained from the Internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the Web page, which was either downloaded as a .pdf or printed directly from the Web site. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
A Viking on Choppy Waters
When the New York Court of Appeals issued its decision in <i>Consolidated Edison Company v. Allstate Insurance Co.</i>, the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled. This approach to allocation has been called into question, however, by the recent decision of the Delaware Court of Chancery in <i>Viking Pump, Inc. v. Century Indem. Co.</i>
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Franchise Disclosure Documents and Agreements
While franchise disclosure documents and their attendant agreements are the "glue" applied to the initial franchisor/franchisee relationship, the question of "who constructed the paperwork" is both a touchy and legitimate concern for those immersed in the franchise industry.
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