Jason Binford published an article in Hotel News Now entitled Bankruptcies Bring Acquisition Opportunities. Jason is a contributing author to Hotel News Now and regularly writes articles about bankruptcy and creditor's rights issues for the hospitality industry.
Business owners and professionals of all kinds do not need to be told how damaging a negative online review can be. Online reviewers can impact a business more than ever in today's digital world and no one is policing what customers post online or how truthful it is. All it takes is a cell phone and in a few minutes a review, truthful or not, can be permanently posted for all to see.
Consider the following scenario: a Yelp reviewer claims a small Texas business owner was rude to her and was completely disinterested in her customers. That business owner claims this review is completely untrue, yet it is prominently displayed with each internet search of the company and the owner has noticed a decline in her business. The owner suspects the reviewer was not even an actual customer.
While negative reviews such as this may be hurtful, do they amount to defamation?
Karin M. Zaner will be speaking at the Joint Medical Staff Meeting of Baylor Regional Medical Center at Plano, the Heart Hospital Baylor Plano, and the Heart Hospital Baylor Denton at Glen Eagles Country Club in Plano on April 2, 2014. Her topic is The Physician’s Guide to Social Media and ethics CME will be given.
Joseph Coleman speaks on Structured Dismissals and Conversions: The Reality of Dealing with Post Sale Case Administration, 31st Annual Advanced Business Bankruptcy Course in Houston, TX (February 20-21, 2014); Mr. Coleman's Panel Discussion included the Honorable Judge Anthony Davis.
Joseph Coleman speaks on Loan to Own Panel Discussion presented to DFW Chapter of Turnaround Management Association event, hosted by Deloitte-CRG. Mr. Coleman served as "Debtor's Counsel" in the mock trial panel presentation along with William Snyder of Deloitte-CRG as Moderator, tried before the Honorable Stacey G. C. Jernigan – Dallas, Texas, January 23, 2014.
A key issue in commercial litigation is determining whether the claims to be asserted are within the scope of an arbitration agreement. An arbitration provision might broadly include all disputes in connection with the contract or narrowly cover only certain types of disputes (for example, only disputes regarding specific paragraphs of the contract). When a dispute eventually arises between the contractual parties, the issue of whether the parties agreed to arbitrate a certain type of dispute is often an initial point of contention. This issue is a matter of interpreting the arbitration language in light of the facts—usually a closer call than the parties had envisioned at the time of contracting.
As such, the question of who determines whether claims are within the scope of an arbitration provision is often as important as the arguments for either side. A court may sympathize with a plaintiff seeking to have its day in court, while an arbitrator has a monetary incentive for disputes to be arbitrable. While this may be a cynical view of the law, “people are people, and they respond to incentives.”
Karin M. Zaner will be speaking at the American College of Legal Medicine Annual Conference at the Westin Galleria Dallas on March 1, 2014. Her topic is Peer Review, HIPAA and What's Actually Protected?
In a decision likely to provide the business community with a greater degree of certainty regarding forum-selection clauses and venue for lawsuits, the U.S. Supreme Court recently addressed the procedurals available to a defendant in a civil case who seeks to enforce a forum-selection clause. In a unanimous decision, the Supreme Court held in Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas, No. 12-929, that if a case is filed in a federal district court that is authorized by statute, a forum-selection clause may be enforced by a motion to transfer venue under 28 U.S.C. § 1404(a).
KRCL Director Joseph Coleman has authored an article that was recently published in the published in the The Credit and Financial Management Review. The article is entitled Defending Preferential Transfers: Don't Forget the "Other" Ordinary Course Defense - The Ordinary Business Terms Defense, by Joseph M. Coleman and Robert J. Taylor, originally published in the The Credit and Financial Management Review, Volume 19, Number 4, Fourth Quarter 2013 (download full article)
In a final rule published on December 30, 2013, and effective immediately, the U.S. Environmental Protection Agency (EPA) has adopted a new standard for conducting All Appropriate Inquiries (AAI). The EPA's action impacts private and public parties who, as bona fide prospective purchasers, innocent landowners, or contiguous property owners, are buying properties that are potentially contaminated and intend to claim a limitation on potential CERCLA liability. To satisfy AAI requirements, prospective purchasers and environmental professionals should comply with the newly published ASTM E 1527-13, rather than the earlier ASTM E 1527-05 standard, when conducting Phase I Environmental Site Assessments (ESA). The new requirements are expected to make Phase I ESAs more time intensive and costly.
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