Posted on: December 3, 2013

Berger Harris is pleased to announce that Christopher L. Messa has joined the firm as a partner.  Details at bergerharris.com.

Category:
Tag: Alternative Business Entities, Commercial Transactions, Corporations, Legal Opinions, Limited Liability Companies, Mergers and Acquisitions
Posted on: November 20, 2013

In Cooper Tire & Rubber Company v. Apollo (Mauritius) Holdings Pvt. Ltd, C.A. No. 8980-VCG (Del. Ch. Nov. 8, 2013) (TRANSCRIPT), the Delaware Court of Chancery rejected claims by plaintiff Cooper Tire & Rubber Company (“Cooper”) that defendant Apollo (Mauritius) Holdings Pvt.

Category:
Tag: Civil Litigation / Civil Procedure, Commercial Litigation, Commercial Transactions, Contracts, Corporations, Equity / Chancery, Labor and Employment, Mergers and Acquisitions
Posted on: November 20, 2013

Lawyers drafting contracts (including operating agreements for LLCs and other business entities) often use "notwithstanding anything to the contrary" clauses to lend preclusive effect to a particular section.  For example, an agreement might contain a provision that "notwithstanding anything to the contrary in this agreement, any Member may engage in other business without the permission of the Company or the other Members."

Category:
Tag: Alternative Business Entities, Civil Litigation / Civil Procedure, Commercial Litigation, Contracts, Equity / Chancery, Limited Liability Companies
Posted on: November 19, 2013

Adam Mossoff offered testimony on November 19, 2013 before the Consumer Protection, Product Safety, and Insurance Subcommittee of the Senate Commerce, Science and Transportation Committee regarding pending "patent troll" litigation (something we have covered previously - see here and here).  

Tag: Intellectual Property, Law & Economics, Legislation
Posted on: November 17, 2013

In Authors Guild, Inc. v. Google Inc., 05 Civ. 8136 (DC) (SDNY Nov. 14, 2013), 2013 U.S. Dist. LEXIS 162198, the US District Court for the Southern District of New York held that the Google Books program—and its use of copyrighted works—is “fair use” under the four factors enumerated in 17 USC § 107.

Category:
Tag: Civil Litigation / Civil Procedure, Intellectual Property, Technology & Law

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