We have all heard the phrase “location, location, location”. Well, according to a July 18, 2011 article in the Wall Street Journal the location of your pending lawsuit could make a difference in the outcome of consumer debt collections. http://online.wsj.com/article/SB10001424052702303365804576433763597389214.html Consumer debt is different from commercial debt but many of the same type issues arise. Most of our cases are …
In the recent case of Meineke Car Care Centers, Inc v. RLB Holdings, LLC, (2011) the Fourth Circuit held that a franchisor could recover prospective damages, including lost profits, from a franchisee. Additionally, such recovery by the franchisor is permitted even when it terminated the franchisee due to the franchisee’s breach of the franchise agreement. In attempting to argue against …
It is always interesting when a court holds that the laws of another country should apply, and such was the ruling in Albemarle Corp. v. AstraZeneca UK Ltd. After examining the contract between the two parties, the Court held that even though the contract’s forum selection clause would have been allowed under American law and the lawsuit could have been …
What happens to you and your fellow co-workers when the office network is down? Complete and utter chaos, right? This is a fairly predictable answer since in today’s world, paper files are becoming a thing of the past. Instead, we scan documents into the system, make an electronic file, and people then view the information on their laptops, smart phones, …
Arbitration Agreements: many business people have heard of them, many businesses have signed one, and some businesses have even gone through arbitration. Arbitration can be a good alternative in the right circumstance. However, don’t assume arbitration is the best for you without doing sufficient homework. Despite the familiarity or arbitration agreements, the agreements sometimes still require a basic question to …
Suppose your company contracts with another company for the supply of materials. The company you contracted with then contracts with an out of state company to add a “powder coating” to the materials you have just ordered. Then suppose this coating flakes off right after you use the materials. So, if letters, phone calls, emails and/or attempts at negotiations don’t …
The North Carolina Court of Appeals Says Your Electronic Signature Is Just As Good As Your Written OneBy James R. VannAttorney at Law Suppose for a moment a business acquaintance of yours sends you an email proposing a specific transaction. And let’s suppose you respond that it sounds great, let’s do it. You might be thinking you haven’t really committed to …
