Our committee focuses on issues facing litigators with broad commercial practices, including substantive areas such as bankruptcy, creditors rights, professional liability, and trade secret law, and procedural matters such as e-discovery, privilege, ADR, and international litigation.

In Great Clip, Inc. v. Hair Cuttery of Greater Boston, LLC, et al., the First Circuit affirmed a broad interpretation that the United States District Court for the District of Massachusetts had afforded a 20-year old settlement agreement entered in connection with proceedings before the Trademark Trial and Appeal Board (TTAB) of the United States Patent Office.

In Nemet Chevrolet, the Fourth Circuit affirmed the Eastern District of Virginia’s dismissal of a car dealership’s defamation and tortious interference with business expectancy claims against a website operator.

When checking into the defendant’s Atlantis Hotel in the Bahamas in May 2007, plaintiff Debbie Krenkel and her husband executed an acknowledgement, agreement, and release, which contained a forum selection clause designating the Supreme Court of the Bahamas as the exclusive venue for any claims arising from events that occurred during their stay.

Creditors’ attorneys, faced with a multitude of proof of claim (POC) filings, sometimes dispense with the requirements of properly filing a POC.

The number of individuals and businesses filing for bankruptcy continues to grow at a staggering rate.

The Fall 2009 edition of the Commercial & Business Litigation newsletter is now available.

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The Ninth Circuit reversed a district court order denying injunctive relief that would have prevented the defendant from pursuing litigation against the plaintiff in Belgium.

The Ninth Circuit recently considered whether a district court has the authority to select lead counsel under the Private Securities Litigation Reform Act of 1995.

Recently, in Awuah v. Coverall North America, Inc., the First Circuit was asked to create a “trade secrets” exception to its general rule that it will not entertain interlocutory appeals of “discovery orders governing what information needs to be disclosed and to whom.”

In Siracusano, the Ninth Circuit reversed a district court’s dismissal of a securities fraud complaint for failing to state a claim under the Private Securities Litigation Reform Act.