Often parties to contracts want sympathy and their understanding of terms to impact on the interpretation of those terms by a judge when things go south. However, if the contract terms are clear, it doesn’t matter what one party’s understanding may or may not have been. In Moutopoulis v. 2075-2081
With society rapidly advancing and contract law constantly developing, the simple act of reducing agreements to writing is as significant now as ever. Especially when tens of millions of dollars are on the line. In Power Restoration Int’l, Inc. v. PepsiCo, Inc., 2015 U.S. Dist. LEXIS 32415 (E.D. Pa. 2015),
“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category
Depositions: A New Direction for New York New York City’s lawyers are making a significant change on the deposition front. A new deposition rule for the New York Commercial Division is on the horizon. Effective April 1, 2015, under Administrative Order 336a/14, New York courts will enact Rule 11-d of
There may be no more perplexing legal issue in today’s fast-paced, exploitative world of apps, smart watches and 4G than protecting one’s work product. Commercial Division Justice Melvin L. Schweitzer recently ushered New York into the 21st century by creating a new cause of action in Schroeder v. Pinterest, Inc.,
(US law/generally) Hopefully you’ll never find yourself in litigation, but sometimes, it’s inevitable. It’s important, then, that you understand a few of the more common types of commercial litigation cases. If you find yourself in a case, chances are that your case falls into one of the three most common
An undertaking can be given either before or after the issue of formal legal proceedings by the Secretary of State. Prior to issuing of proceedings As set out already in this blog, before issuing formal proceedings, the Secretary of State will send a section 16 letter to an individual asking
The Telephone Consumer Protection Act (TCPA) was in enacted in 1991 in response to consumer complaints about the abuses of telephone technology. It was determined by Congress that because telemarketers were escaping state prohibitions on nuisance calls, federal legislation was necessary. Some of the invasive telemarketing practice the TCPA bans
The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer. Under the FDCPA, 15 USC Section 1692d, debt collectors cannot engage in conduct that is meant to harass, oppress, or abuse a person when attempting to
Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them. They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help
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