Category Archives: Commercial Law

SCOTUS Allows False Advertising Claims vs Printer Cartridge Manufacturer

by Shawn Sullivan Posted on March 26, 2014

On March 25, 2014, the Supreme Court of the United States unanimously ruled that Static Control Components, Inc., a seller of components for remanufacturing of used laser printer toner cartridges, may pursue false advertising claims against Lexmark International, Inc., a … Continue reading →

Posted in Commercial Law, Intellectual Property Law | Tagged False Advertising | Comments Off

Arbitration Tribunal Finds Jurisdiction in Bangladesh-Investor Disputes

by Shawn Sullivan Posted on August 27, 2013

On August 19, 2013, a panel of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) ruled on challenges to its jurisdiction to hear two arbitration cases brought by Niko Resources (Bangladesh) Ltd., a Barbados subsidiary of a … Continue reading →

Posted in Arbitration, Commercial Law | Tagged Arbitration | Comments Off

Del. Court: Partnership Agreement Validly Disclaimed Fiduciary Duties to Limited Partners

by Shawn Sullivan Posted on October 25, 2012

Delaware’s Court of Chancery dismissed breach of fiduciary duty claims by limited partners against the controlling partner of their limited partnership, where the partnership agreement expressly disclaimed any fiduciary duties owed to the limited partners. HITE Hedge LP v. El Paso … Continue reading →

Posted in Commercial Law | Tagged Fiduciary Duties, Partnerships | Leave a comment

Indian Supreme Court Limits Domestic Court Interference In Overseas Arbitration

by Shawn Sullivan Posted on October 1, 2012

In a massive, 177-page opinion, the Supreme Court of India greatly limited the power of Indian courts to interfere in arbitration proceedings conducted at a seat outside the country. Bharat Aluminium Co. v. Kaiser Aluminum Technical Service, Inc., Civ. App. … Continue reading →

Posted in Commercial Law | Tagged Arbitration, International Business, International Dispute Resolution | Leave a comment

Plant Breeders Rights Sublicense Did Not Transfer Ownership of Plant Materials, Says South African Court

by Shawn Sullivan Posted on September 24, 2012

A three-judge appellate panel of the Western Cape High Court in South Africa held that a sublicense of plant breeders’ rights for several seedless grape varieties did not transfer to the licensee ownership of the tangible grape vines resulting from … Continue reading →

Posted in Agricultural Law, Commercial Law, Intellectual Property Law | Leave a comment

Pfizer Subsidiary to Pay US$15 Million to Settle Foreign Bribery Investigation

by Shawn Sullivan Posted on August 8, 2012

Pfizer H.P.C. Corp., a subsidiary of Pfizer, Inc., has agreed to pay a $15 million penalty to resolve charges that the company violated the Foreign Corrupt Practices Act by making improper payments to government officials, including public regulators and health … Continue reading →

Posted in Commercial Law, General | Leave a comment

Agreement to Submit Disputes to Arbitration before Non-Existent European Forum Was Enforceable to Require Arbitration in New Jersey

by Shawn Sullivan Posted on July 30, 2012

The U.S. Court of Appeals for the Third Circuit held that an arbitration clause, in which the parties agreed to submit their disputes to arbitration before a European tribunal that did not exist, was enforceable, and a federal court in … Continue reading →

Posted in Commercial Law | Leave a comment

Posting of Job Advertisement on LinkedIn Did not Breach Non-Solicitation Agreement

by Shawn Sullivan Posted on July 28, 2011

The Indiana Court of Appeals held that a company’s posting of a job advertisement in a user group space of the LinkedIn business networking website did not constitute solicitation or inducement of another company’s employee in violation of a non-solicitation … Continue reading →

Posted in Commercial Law | Leave a comment

UK Supreme Court Holds Sovereign Immunity Does not Bar Execution of US Judgment on Argentina’s Assets in Britain

by Shawn Sullivan Posted on July 6, 2011

The Supreme Court of the United Kingdom has ruled that the Republic of Argentina cannot invoke sovereign immunity to prevent execution of a United States court judgment on assets in the United Kingdom that are owned by the South American … Continue reading →

Posted in Commercial Law | Leave a comment

Arbitration Provisions in College Enrollment Application Held Enforceable Against Students Who Sued Over College’s Alleged Misrepresentations

by Shawn Sullivan Posted on June 27, 2011

A federal court in Colorado recently ruled that students claiming that a college misrepresented its tuition costs, accreditation status, and job prospects for graduates, would have to pursue their claims in arbitration instead of in court. Bernal v. Burnett, No. … Continue reading →

Posted in Commercial Law | Leave a comment

Category Archives: Commercial Law

SCOTUS Allows False Advertising Claims vs Printer Cartridge Manufacturer

Arbitration Tribunal Finds Jurisdiction in Bangladesh-Investor Disputes

Del. Court: Partnership Agreement Validly Disclaimed Fiduciary Duties to Limited Partners

Indian Supreme Court Limits Domestic Court Interference In Overseas Arbitration

Plant Breeders Rights Sublicense Did Not Transfer Ownership of Plant Materials, Says South African Court

Pfizer Subsidiary to Pay US$15 Million to Settle Foreign Bribery Investigation

Agreement to Submit Disputes to Arbitration before Non-Existent European Forum Was Enforceable to Require Arbitration in New Jersey

Posting of Job Advertisement on LinkedIn Did not Breach Non-Solicitation Agreement

UK Supreme Court Holds Sovereign Immunity Does not Bar Execution of US Judgment on Argentina’s Assets in Britain

Arbitration Provisions in College Enrollment Application Held Enforceable Against Students Who Sued Over College’s Alleged Misrepresentations

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