Federal District Court Applies Supreme Court's 'Nerve Center' Test
May 21, 2011
While corporate executives and their advisers will no doubt appreciate the certainty provided by the Supreme Court's affirmation of the "nerve center" test for determining a corporation's principal place of business, they must be mindful that the courts will focus on the actual "center of direction, control, and coordination" rather than artificial attempts to manipulate jurisdiction.
Buyer Beware
May 14, 2011
Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
Practice Tip: Top 10 Tips for Defending Mass Torts in NJ
May 11, 2011
With plaintiffs filing numerous cases in the Garden State, it is easy to fall into the mindset that New Jersey is for plaintiffs. Do not get caught in that trap and become complacent, filing rote motions and litigating on autopilot.
'Tangible Property' Defined in the Computer Age
April 28, 2011
With the increasing use of social media for marketing and advertising purposes, businesses of all sizes are seeking insurance coverage for various types of Internet-based exposures. Among others, companies are looking to insure against claims raised by users viewing or otherwise accessing a company's websites and advertisements for damage to hardware, data, information, and other computer components.
Franchising: A Venus Flytrap for Trademark Licensors
April 28, 2011
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Watching You ' Steal My IP
April 28, 2011
Are you watching your online competitors, lest they steal your ideas, your customers, or both? How can an online firm learn when another firm is infringing its intellectual property?
Machinery and Equipment Supply Contracts
April 27, 2011
Having negotiated and drafted supply contracts throughout the United States and Canada, as well as other parts of the world (with the help of local counsel), the author has observed that the key legal issues are usually the same. Four of the most fundamental are: 1) getting paid; 2) warranties; 3) indemnities; and 4) limitations of remedies.