Archives for June 2013
Recent Supreme Court Decision Allows Corporations to Avoid Class Action Lawsuits, Insulate Themselves From Antitrust Liability, and Deny Their Victims Access to Legal Remedies
by: Scott D. Gilchrist, Attorney
Lynn A.Toops, Attorney
Yesterday the Supreme Court of the United States issued a 5-3 decision, authored by Justice Antonin Scalia, that deals a crushing blow to all victims of corporate wrongdoing. Corporations of all types now routinely require customers to agree to form contracts that deny the customer access to the courts and eliminate the right to cooperate with other potential victims in bringing a class action lawsuit. In American Express Company v. Italian Colors Restaurant, the Supreme Court decided that under the Federal Arbitration Act such contracts should be enforced, even when the contract prevents the effective vindication of statutory rights, as long as the customer has a theoretical “right” to pursue a remedy through private arbitration.
by: Richard M. Malad, Attorney
Typical real estate transactions involve a buyer, a seller, and real estate agents who represent each of the parties involved in the transfer of ownership of the property. Including an attorney in your real estate transaction can help either party ensure that their interests are being protected.
You may be wondering why you would need to hire an attorney. Regardless of whether your transaction is typical or not,. An attorney can provide valuable assistance to make sure your interests are well represented in the transaction. Below are a few facets of the real estate transaction that an attorney can help you with.
by: Arend J. Abel, Attorney
Business owners invest a great deal of time and money in developing customer relationships. That investment can be placed at risk when key employees who have been servicing customers leave to work elsewhere. The valuable relationships they have built can easily be leveraged to move customers to the competition unless the business owner take appropriate measures to protect the business.
Similarly, a person buying an existing business is investing money to acquire the customer lists and relationships as well as inventory and product. Buyers can be placing their investment at risk if they allow the seller to remain free to re-start the business and compete for the seller’s former customers.