by Gary Nissenbaum | Aug 5, 2010 | Business Formation & Sales Law Blog
Earlier this year, a State Court in Delaware determined the value of a minority shareholder’s shares which was in dispute. The unpublished opinion, In re Sunbelt Beverage Corp. Shareholder Litigation, 2010 WL 26539 (Del.Ch. Jan 05, 2010) (No. Civ. A....
by Gary Nissenbaum | Aug 1, 2010 | Business Formation & Sales Law Blog
A buy sell agreement is an effective tool to create a predictable value for shares in a closed (non-public) corporation. However, what happens if the buy sell provision refers to an exhibit that is not attached and the formula simply cannot be applied as intended in...
by Gary Nissenbaum | Jul 31, 2010 | Business Formation & Sales Law Blog
A restrictive covenant is generally defined as an agreement restricting the practice of a person’s profession or business after they leave their current employer. But can it be enforced by an entity that was not the original employer? That issue was addressed by the...
by Gary Nissenbaum | Jul 30, 2010 | Internet Law Blog
On April 6, 2010, the Ninth Circuit Court of Appeals sitting in California held that more facts needed to be developed before a lawsuit respecting the wrongful acquisition of domain names could be decided. In the course of that holding, the Court...
by Gary Nissenbaum | Jul 29, 2010 | Internet Law Blog
On June 15, 2010, a Federal Court in Pennsylvania considered whether an insurance policy for professional negligence will cover a related claim for defamation. In Post v. St. Paul Travelers Ins. Co., __F.Supp.2d__, 2010 WL 2490750 (E.D.Pa.), the Court held it...
by Gary Nissenbaum | Jul 26, 2010 | Construction & Commercial Real Estate Law Blog
A June 30, 2010 case decided by the Appellate Division of the Superior Court of New Jersey, O.A. Peterson Construction Co., Inc. v. Englewood Hospital And Medical Center, 2010 WL 2696758 (N.J.Super., App.Div. 2010) dealt with the issue of whether a contractor can...