Category Archives: Business Corporate
Battle Emerges Over Arbitration Clauses in Business Contracts with Consumers
Many are concerned about the new arbitration rule issued by the Consumer Financial Protection Bureau, which is set to go into effect in September. The rule would prohibit consumers from agreeing to use arbitration to remedy any disputes they have with credit card companies and banks. As a result, in July, the U.S. Senate… Read More »
Large Businesses Pleased With Supreme Court Ruling on Forum Shopping For Patent Lawsuits
On May 22, 2017, the U.S. Supreme Court made a unanimous decision that is being hailed by large technology companies and other patent holders, who have arguably been victimized over the years by what are known as “patent trolls,” or smaller companies that purchase patents only in order to demand royalties and sue for… Read More »
The Legal Ramifications of Lax Oversight at Wells Fargo
Wells Fargo has received its fair share of public scrutiny lately due to lax oversight and various legal violations associated with overseeing banking practices and the bank’s sham accounts scandal. Starting around 2004, internal investigations revealed an increase in “sales gaming cases,” whereby bankers were moving money into and out of customer accounts in… Read More »
Florida Court of Appeals Upholds Protection of Insurance Company’s Trade Secrets
On Monday March 20th, a Florida appeals court sided with State Farm Florida concerning a dispute over whether insurance policy information can technically be considered a “trade secret” shielded from public disclosure. Insurance policy information frequently contains confidential business information which, if viewed by other companies, could provide them with a competitive advantage. While… Read More »
Eleventh Circuit Confirms Businesses Protected From Tort Liability in Some Product Liability Cases
The Eleventh Circuit (which includes Florida) recently confirmed a rule early codified into contracts law known as the Economic Loss Rule, which prohibits a plaintiff from recovering under a torts-based claim (such as a claim for negligence) when a product defect fails to cause personal injury or property damage. Although the Florida Supreme Court… Read More »
U.S. Supreme Court to Decide On Legality of Arbitration Clauses in Business and Employment Contracts
On January 13th, the U.S. Supreme Court agreed to hear a case that could have national, broad implications for all employers and businesses, especially those who utilize employment contracts to mandate that any disputes be raised via arbitration rather than in court, and on a one-by-one basis (i.e. the opposite of class action). The… Read More »