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Just over three years ago, the Enterprise and Regulatory Reform Act 2013 came into force.This saw the removal of the dishonesty element to the cartel offence. An individual will commit an offence if he or she agrees with one or more persons (whether dishonestly or otherwise) that two or more undertakings will engage in certain
Interview with: Allan Diamond, Managing Partner, Diamond McCarthy LLP “Chief Litigation Officers (CLOs) should not limit themselves to traditional methods of protecting their companies’ brand and should think creatively in terms of implementing a global strategy that will result in keeping their authorized supply channel partners happy, minimizing lost sales/profits, and
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
“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
As an Atlanta attorney trying complex business matters throughout metro-Atlanta, I found a 2008 study finding that settling a case is better than going to trial in most instances rings just as true today as it did five years ago. The New York Times article outlining the study indicates that
The Better Business Bureau (BBB) has recently issued an alert about the growing number of complaints about scam debt collectors over the past year. The BBB also advised consumers to learn about how to determine what is a legitimate debt collection effort and what is a scam. This can be
Workers’ compensation is a type of insurance carried by employers. This type of insurance serves to protect both the employee from financial loss due to injury and the employer from negligence lawsuits. Workers’ compensation pays a wage for missed work because of a work-related injury and also covers medical expenses
As of this writing, twenty states and the District of Columbia have enacted laws legalizing the use of medical marijuana. What’s more, states like Washington and Colorado have gone as far as legalizing marijuana entirely (for both medical and recreational use). Following the Attorney General’s recent announcement that the Department
The National Transportation Safety Board recently issued a recommendation that the legal BAC (blood alcohol content), that would legally define someone as “drunk” ought to be lowered from .08, the current level, to .05. Their intent is to combat the 30,000 deaths a year attributed to drunk driving. This doesn’t
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