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Business Litigation



 
                 
      Alicia M. Bendana, Chair          John Mark Fezio, Vice-Chair
 


Upcoming Events:

 


Recent Events:


On October 5, the Committee held "Buying and Selling Businesses" CLE with Al Derbes, Melanie Mulcahy, Alicia Bendana, Lisa Hedrick, Michele Avery and Les Alexander.

 

On August 11, the Commitee held "Proving (and Disproving) Damages in a Business Case" CLE
 



There are many benefits of trying a business dispute in federal, as opposed to state, court. For diversity jurisdiction purposes, a corporation is a citizen of the jurisdiction of the place of its incorporation and principal address. A diversity jurisdiction analysis for an LLC can be more problematic, however, as an LLC possesses the citizenship of each of its "members." Several recent decisions provide guidance on how the requirements for diversity jurisdiction, in cases involving LLCs, may or may not be satisfied. Read more here.

The risk of insolvency is a commercial reality, fortunately the risks can often be mitigated through familiarity with the bankruptcy process, proper planning, and advice of competent counsel. Read here for a few practice pointers that should be considered in the context of addressing four typical commercial scenarios.

What are the top litigation worries of in-house counsel and executives?  In the 2016 litigation survey released by Norton Rose Fulbright, attorneys working for 606 companies located across the world were polled.  Read more here. Click here to read the PDF version.

Businesses have a legal right to sell consumer information, as long as their policies make it clear. What is the legality of selling customer data in bankruptcy?  Read more here.

The practice of American companies using corporate vehicles to hold profits offshore, primarily in an effort to decrease taxes, is now being critiqued by presidential nominees, journalists, and the public.   Perception blurs the lines between what is legal and what is popular, placing officers and directors of corporations, and the lawyers who represent them, in difficult positions.  Lawyers face an especially difficult challenge in achieving the lawful goals of their clients when those goals border ethical considerations.  Lawyers face an even greater challenge when their services are used to achieve an unlawful purpose after they have achieved the lawful purpose for which they were hired.  Click here to read more.

 


 

The Business Litigation Committee was newly formed in 2016. For those interested in joining please contact NOBA at (504) 525-7453. For questions about the committee please email Alicia Bendana.