Journal of Business & Technology Law
Journal News and Events
Volume 7, Issue 1
The Journal is proud to announce that Volume 7, Issue 1 is now available online.
2012–2013 Editorial Board
Editor in Chief: Anna Johnston
Managing Editor: Arun Paradkar
Executive Articles Editor: Nicholas Hoover
Executive Notes and Comments Editor: Adam Spiers
Executive Technology Editor: Daniel Davis
Executive Symposium Editor: Claire Rollor
Recent Business Court News and Developments
- Apr. 5th, 2012 - The English High Court recently applied a commercial construction approach to interpreting a share purchase agreement with a standard "entire agreement provision." The Court, upholding the limitation on liability, interpreted the "entire agreement provision" as a calculated decision by both parties when allocating risk during the contractual phase. This new standard "cuts through" a long history of conflicting case law and will be viewed favorably by the business community as a move toward contractual certainty.
- Apr. 5th, 2012 - Chief Judge Jonathan Lippmann of the New York Court of Appeals called for a reassessment of the state's business court system. Formally called the Commercial Division, the system was established in 1993 by the Civil Branch of the state Supreme Court in order to maintain a higher standard of efficiency and expertise in business litigation. Despite commercial practitioners' praise of the Commercial Division, Chief Judge Lippmann asked that New York courts strive to provide a more business-friendly environment in order to take advantage of the state's aggregation of commercial lawyers.
- Mar. 29th, 2012 - The West Virginia Supreme Court is considering whether to move forward with the addition of a Business Court in their judicial system. At this stage, the Court has requested that public comments on the proposal be submitted to the Court for its consideration by May 11, 2012. The proposed amendment would adopt Rule 29, Commercial Litigation, to the West Virginia Trial Court Rules. The Court's decision to seek public comment follows the Business Court Study Committee's February presentation to the Court of its initial proposal. The study committee was initially formed in June 2010, following House Bill 4352, which passed in March 2010. A link to the proposed rule is available on the West Virginia Supreme Court website. Public comments should be submitted in writing and filed with the Clerk of Court by the May 11 deadline.
- Mar. 29th, 2012 - Despite the total number of appeals to West Virginia's Supreme Court declining by 56% since 2007, some are arguing that the need for an intermediate appeals court still exists. Though many remain skeptical, Richie Heath, the executive director of West Virginia Citizens Against Lawsuit Abuse, argues that the state's Supreme Court is one of the "busiest appellate courts in the nation..." and the new court would encourage the development of West Virginia law and review of lower court decisions.
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