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Insights

Do You Know What is in Your Buyer's Wallet?

In a recent ruling, the Ninth Circuit held that a seller was liable under the law of fraudulent conveyance to the bankruptcy trustee for the portion of the purchase price funded by a company controlled by the buyer, which was actually a Ponzi scheme, […]

Bad Faith Peer Review Allegations at Yale School of Medicine

Medical peer review needs honesty and accountability.  Here’s a case in point showing what happens when these are missing: http://www.nytimes.com/2014/11/02/us/handling-of-sexual-harassment-case-poses-larger-questions-at-yale.html?_r=0

A New Look at Implied Warranties for Used Goods

Recently, the Supreme Court of Texas examined whether a buyer of used goods may assert claims based on the implied warranty of merchantability.  See MAN Engine & Components, Inc. v. Shows, 434 S.W.3d 132 (Tex. 2014).  The implied warranty of merchantability […]

The Enforceability of Liquidated Damages Clauses

The enforcement of a liquidated damages clause can mean the difference between money in a party's pocket with little effort versus a protracted and expensive court battle.  To learn more, click on the link below to an article recently published […]

The Exception to Arbitrating Employee Injury Disputes - ERISA Claims

Arbitration provisions are a common benefit for non-subscribers and will typically be upheld in regards to claims such as negligence or premise liability. However, they are generally found invalid with regard to claims for wrongful denial of benefits […]

Are Non-Disparagement Clauses a Good Idea?

For example, a New York dentist required all of her patients to sign a confidentiality agreement precluding the patients from posting comments about the dentist or her practice and assigning her the all copyrights in those comments.  On its face this […]