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    Business Law Legal Research Blog

    CORPORATIONS:  When Traditional Standing Rules Do Not Apply to Shareholder Derivative ActionsYour Blog Post Title Here...

    ChatGPT, LLMs, and Legal Research

    BANKRUPTCY:  Eleventh Circuit Addresses Nuances in Preference Litigation

    EMPLOYMENT Disparate-Impact Cases Under the ADEA Are Not for the Faint of Heart

    BANKRUPTCY:   The Bankruptcy Court's Discretionary Authority Under Rule 1016 to Allow Further Administration of a Chapter 13 Case

    BANKRUPTCY:  Exceptions to Bankruptcy Discharge for Fraudulently Incurred Debts

    ADMIRALTY: Statute of Limitations for Wrongful Death

    CONTRACTS: Importance of Carefully Drafting Contractual Choice-of-Law Clauses

    BANKING: Standing to Enforce UCC Midnight Deadline Rule

    CORPORATE LAW: Delaware’s New Universal Test for Demand Futility—A Game Changer?

    BANKRUPTCY: TALC Powder Bankruptcy

    ATTORNEY AND CLIENT—LEGAL ETHICS: In the Matter of Rudy Giuliani

    CONTRACTS: An Object Lesson in How Not to Mitigate Damages

    CONTRACTS: Virginia Unconscionability Decision Shows That Extreme Facts May Indeed Make Bad Law

    CONTRACTS:  Contract Excuses and the COVID-19 Pandemic

    PATENTS: A Federal Agency Is Not a "Person" for Purposes of Review of the Validity of a Patent Under the Leahy-Smith Act

    ATTORNEY AND CLIENT: Maintaining Professional Competence in the Digital Age

    Is Predictive Dialer an Autodialer Subject to the Telephone Consumer Protection Act?

    CONTRACTS: Investigating and Defending Against Student Loan Claims

    BANKRUPTCY: Reluctant Judicial Enforcement of Prepetition Automatic Stay Waivers

    CREDITOR’S RIGHTS: IRS Form 1099-C—Reporting Requirement or Debt Extinguishment Trap?

    CONTRACTS: The Importance of Distinguishing a Contracting Party from a Stranger

    CONTRACTS: Like Oil and Water: Contract and Tort Claims Don't Mix in Virginia

    CONTRACTS: Obligation to Support Parent Under Taiwanese Law

    CREDITORS RIGHTS/CONTRACTS LAW: Revoking Contractual Consent to Receive Creditor Phone Calls

    PATENT LAW: Laches Defense No Longer Available in Patent Infringement

    CONTRACTS—Arbitration: Nonexistence of Designated Arbitral Institution at Time of Dispute May Void Mandatory Arbitration Requirement

    CONTRACTS: Statute of Frauds No Bar to Parent’s Claim for Student Loan Repayment

    GOVERNMENT CONTRACTS: Supreme Court Decision Aids Veteran-Owned Business

    BANKRUPTCY: Rejection or Assumption of Executory Contracts Under 11 U.S.C. § 365

    APPELLATE BRIEF WRITING: Mistakes Can Be Fatal to Your Case

    TRADEMARKS: The Slants and the Redskins—Federal Circuit Rules That Excluding "Disparaging Remarks" Violates First Amendment

    CIVIL PROCEDURE: Scope of the Commercial Activity Exception to the Foreign Sovereign Immunities Act

    CONTRACTS: Agreements to Negotiate Distinguished from Agreements to Agree

    LABOR LAW: More on Deflategate

    CIVIL PROCEDURE: Filing of Postjudgment Motion Tolls Deadline to Move for Attorney's Fees

    CIVIL PROCEDURE: Right to Appeal Dismissal of Case Consolidated for Pretrial Proceedings in Multidistrict Litigation

    TRADEMARKS: Effect in Court of Decision by TTAB

    ARBITRATION: FAA Preempts New York Statute Prohibiting Mandatory Arbitration Clauses in Consumer Contracts

    BANKING LAW: Finality—Appealability

    CORPORATIONS: Minority Shareholders Appraisal Rights

    CONTRACTS: Harsh Arbitration Provisions May Be Found to Be Unconscionable Under State Law

    COPYRIGHTS: First-Sale Doctrine—Importation

    CONSUMER PROTECTION: A Merchant Could Be Liable for Requiring a Customer Using a Credit Card to Give His or Her ZIP Code

    BUSINESS LAW UPDATE: New or Proposed State Legislation Impacting Businesses

    COMMERCIAL LAW: Mortgagee Not Liable for Its Servicer's Truth-in-Lending Violation

    CREDITORS' RIGHTS: Ability of Judgment Creditor to Garnish Protected Assets After Deposit into Debtor's Account

    BUSINESS LAW UPDATE: MARS Rule—Federal Government Launches Concerted Action Involving Fraud andCorruption in the Bank Mortgage Industry, Including Activities by Loan Modification Companies and Attorne

    CONTRACTS: "Plain Language" Versus "Legalese"

    TRADEMARKS: Law of Competition—Unfair Competition

    BANKING LAW: Expanded Money-Laundering Laws Unavailing to Bank Customers Seeking Private Right of Action

    BUSINESS LAW UPDATE: Developments in the Allocation of Risk and Liability in the Emerging Field of Green Construction

    CORPORATIONS: Limited Liability Companies

    LABOR LAW: Fourth Circuit Holds FLSA's "Filed Any Complaint" Clause Applicable to Intracompany Complaints

    CORPORATIONS: A Manager's Fiduciary Duty Under the Delaware LLC Act

    BUSINESS LAW UPDATE: Enforceability of an Arbitration Agreement When the Specified Arbitrator Has Agreed to Cease Administering and Participating in All Consumer Arbitration

    TAX: IRS's Right to Examine a Taxpayer's E-Mails

    BUSINESS LAW UPDATE: Effect of Corporate Bankruptcy Filing on Creditor's Alter Ego Claims Against Officers and Directors

    BANKRUPTCY: Jurisdiction

    BUSINESS LAW: Boiler-Plate Federal "Requirements Contract" Ruled Nonbinding and Unenforceable

    Defending Against Foreclosure on the Basis of Faulty Assignment by the Original Lender

    BUSINESS LAW: Delaware Court of Chancery Issues Important Opinion Involving the Interpretation of the Delaware Limited Liability Company Act and the Rights of a Creditor to Assert a Derivative Claim A

    BUSINESS LAW: The Exclusion of Warranties and Consequential Damages and the Limitation of Other Remedies Between Merchants Under the Uniform Commercial Code

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