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Recovering damages through litigation can be a protracted process at the best of times. This problem is compounded when the defendant adopts a strategy of obstruction and delay. Increasingly Canadian courts are changing the equation by using compound interest in a variety of ways to remove the economic incentive to delay.
Topics: Litigation (Civil, Business and Commercial), Intellectual Property,
Establishing a business from scratch is not always necessary – if capital for investment is available, the first stage may be skipped, and an existing company or business may be acquired; the following rules will help you avoid mistakes that may cost you a fortune.
Topics: Mergers and Acquisitions / Divestitures, Contracts / Agency, Business Organizations,
In the In Re Cuozzo Speed Technologies LLC, 14-1301 (Feb. 4, 2015) matter on appeal, the U.S. Court of Appeals for the Federal Circuit, held in a 2-1 panel decision in a case of first impression that it lacked subject matter jurisdiction to review decisions of the Patent Trial and Appeal Board (PTAB), part of the U.S. Patent and Trademark Office (USPTO), regarding the initiation of inter partes review proceedings (IPR), even on appeal from a final written decision. Moreover...
Topics: Intellectual Property,
This article calls for the regulation and harmonisation of the so-called “collaborative economy” based on the “peer-to-peer culture” ensuring the protection of consumer rights against potential scams and abuses while, at the same time, rejecting the temptation of over-regulating or “de facto” banning the emerging models of collaborative economy.
A proposed amendment requires EU Member States to report all cross-border tax rulings and issued advance pricing arrangements to the Commission every three months. If adopted, the proposal would apply to all future rulings and pricing arrangements as well as all rulings and pricing arrangements issued within the last ten years that are still in force.
Topics: Taxation,
In response to the European public consultation on investment dispute settlement mechanism (ISDS) the European Commission issued a concept paper where it expressed its further ideas on the reform of ISDS. While the big political players like the EU or the US are further discussing and negotiating on Transatlantic Trade and Investment Partnership (TTIP), the question on what position should be adopted by the smaller EU member states becomes more important...
Topics: Litigation (Civil, Business and Commercial), Alternative Dispute Resolution,
On April 27, 2015, the Supreme Court granted certiorari in a case that will address the issue of a whether Congress can confer standing to sue on a plaintiff who has not suffered any actual harm besides the violation of a statute itself. If the Supreme Court limits Congress’s power to create standing, it could drastically limit lawsuits, including class actions, where a plaintiff seeks statutory damages for the violation of a statute without demonstrating any actual, concrete harm.
Topics: Litigation (Civil, Business and Commercial),
South Florida real estate private equity funds: take note of a recent speech by Marc Wyatt, SEC Director of Compliance, following up on previous concerns expressed regarding fees and expenses for private equity funds.
Topics: Private Equity, Real Estate, Finance & Banking,
In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users.
Topics: Information Technology / Computer Law,
Topics: TerraLex Members,
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