Journal of Business & Technology Law
Business Court News and Developments
- Jan. 2nd, 2009
- A recent blog post summarized the cases most likely to come before the North Carolina Buisiness Court in 2009.
- Jan. 1st, 2009
- Starting on January 1, 2009, Ohio will implement a four year pilot program to handle commercial disputes. This program consists of specialized "Business Courts" in five major counties that will handle business-to-business disputes. This new program will facilitate business litgation in Ohio by providing judges specializing in complex business litigation. The program also includes a "special master" appointed by the judge who acts as a Magistrate but is paid directly by the litigants.
- Jan. 1st, 2009
- A recent blog commented on the award of a French commercial court to a fashion company, LVMH Moet Hennessy Louis Vuitton SA, more than $59 million in damages resulting from the sale of counterfeit goods on auction site, eBay. LVMH owns high-end brands such as Louis Vuitton, Givenchy, Fendi, and Marc Jocobs. eBay Inc. asserts that it polices its auction site for counterfeit products and accused LVMH of targeting online auctions, because they "cut out the middleman," and "protect[ing] uncompetitive commercial practices at the expense of consumer choice." eBay intends to appeal the ruling.
- Dec. 28th, 2008
- The North Carolina Business Court recently held that a confidentiality agreement is not necessarily invalid if overly broad. The case involved a confidentiality agreement that resembled a non-compete agreement. The clausedid not have any restrictions on geographical location or limits on time. The court held that a confidentiality agreement is not to be evaluated under the same standards set for assessing non-compete agreements and that lack of geographic or time restictions does not deem the agreement invalid.
- Dec. 15th, 2008
- Mississippi Secretary of State Delbert Hosemann is beginning to reform business law in Mississippi. Hosemann says he wants to create a Mississippi business court, revamp state securities laws, and increase protections on intellectual property to include rights of publicity.
- Nov. 7th, 2008
- In a recent article the Mississippi Economic Council noted that while the economy is slow now, "[o]pportunity will return." Mississippi will continue to try to draw new business to the state. The article suggests that the business task force, working under Secretary of State Delbert Hosemann, "will soon release recommendations for streamlining buisness law in . . . and creating a buisness court."
- Sep. 24th, 2008
- Novant Health Inc. and Wake Forest University Baptist Medical Center are having their dispute moved to North Carolina Business Court. Both hospitals sought to have the case heard in Business Court because its objective is to expedite complex business disputes.
- Sep. 24th, 2008
- Novant Health Inc. has petitioned to determine whether Davie County followed the necessary legal process when it leased its hospital to N.C. Baptist Hospital. The case will be heard in N.C. Business Court, with the judge being asked to determine whether Novant Health or Baptist Hospital violated an agreement.
- Sep. 16th, 2008
- A recent article in The Earth Times follows a case involving communication giant Sprint and its affiliate iPCS, Inc., the Circuit Court of Cook County, Illinois, Chancery Division denied Sprint's motion to dismiss or stay the lawsuit. This case is one in which the state's separate chancery division, within their judiciary system, has been able to respond to the ever increasing complexity of business litigation.
- Sep. 15th, 2008
- According to a recent article, Franklin County will participate in Ohio's pilot commercial docket program. Local business attorneys praised the move, which they said would help retain businesses and expedite litigation. The article suggest that Hamilton County will also particpate in the pilot program, which runs to 2012.
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